Karnataka High Court
Tanmay Saxena vs State Of Karnataka on 21 July, 2020
Author: S.Sunil Dutt Yadav
Bench: S. Sunil Dutt Yadav
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY 2020
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
WRIT PETITION No.8852/2020 (EDN-RES)
Between:
1. Tanmay Saxena,
Aged about 15 years,
Represented by his father and
Natural guardian
Shardesh Saxena
Aged about 40 years.
2. Vedant Saxena,
Aged 8 years,
Represented by his father and
Natural guardian
Shardesh Saxena
Aged about 40 years.
Both residing at No.337,
5th Main, 1st Block,
Jnanabharathi Layout,
Bangalore - 560 089.
3. Manyaa Shree R.,
Aged about 15 years,
Represented by her father and
Natural guardian
Ravi S.V.,
Aged about 45 years.
4. Gagan S.R.,
Aged 10 years,
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Represented by his father and
Natural guardian
Ravi S.R.,
Aged about 42 years.
Both residing at No.56/1,
1st Main Road, 2nd Cross,
Near Ganesha Temple,
Kottigepalya,
Vishwa Needam Post,
Bangalore - 560 091.
5. Samartha Karanam,
Aged about 12 years,
Represented by his father and
Natural guardian
Karanam Guru Bheema Sena
Aged about 45 years.
6. Adithi Karanam,
Aged about 8 years,
Represented by his father and
Natural guardian
Karanam Guru Bheema Sena
Aged about 45 years.
Both Residing at House No.319,
Railway Colony, Bhavani Nagar,
1st Stage, Near Vidyaniketan Public School,
Bangalore - 560 056.
7. Nishant Prabhu B.M.,
Aged about 10 years,
Represented by his father and
Natural guardian
Manjunathaiah B.M.,
Aged about 43 years.
8. Srivatsa B.M.,
Aged about 14 years,
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Represented by his father and
Natural guardian
Manjunathaiah B.M.,
Aged about 43 years
Both Residing at No.614, 6th Cross,
Upkar Residency, Near RTO Office,
Bangalore - 560 091.
9. Druti,
Aged about 14 years,
Represented by her father and
Natural guardian
C.R. Sridhara,
Aged about 49 years,
Residing at # 153, Channakeshavanilaya,
3rd Main, Thimmenahalli,
Govindarajnagar,
Bangalore - 560 040.
10. Pranav Sagar C.,
Aged about 13 years,
Represented by his father and
Natural guardian
Chandrashekhar M.,
Aged about 48 years
Residing at # 724, 19th Main,
Jnanabharathi 2nd Block,
Mariyappanapalya,
Bengaluru - 560 056.
11. Arpita A. Naik,
Aged about 12 years,
Represented by her father and
Natural guardian
Amrutheshwar M. Naik,
Aged about 52 years
Residing at # 23, Jeevan Vastavayya Apts.,
1st Main, 10th Cross, NGEF Layout,
Nrupathunga Nagar,
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Nagarbhavi,
Bangalore - 560 072. ... Petitioners
(By Sri Shamanth Naik, Advocate for
Sri Syed Khamruddin, Advocate)
And:
1. State of Karnataka,
Represented by Secretary,
Vidhan Soudha,
Ambedkar Beedhi,
Bengaluru - 560 001.
2. The Commissioner,
Department of Public Instructions,
Nrupatunga Road,
Bangalore - 560 001.
3. The Block Education Officer,
Shanakpura South Zone,
Bangalore - 560 001.
4. The Director,
Department of Education,
M.S. Building,
Bengaluru - 560 001.
5. Vidyaniketan Public School,
Ullal Road Cross,
Ullal Uppanagar,
Jnananjyothinagar,
Railway Layout,
Jnana Ganga Nagar,
Bengaluru,
Karnataka - 560 056. ... Respondents
(By Sri Abhinav R., Advocate for R5;
Sri Sridhar Hegde, AGA for R1 to R4)
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This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to:
A) Quash the notification dated 21.05.2020 issued by
the fifth respondent - School denying the petitioners
admission to their respective promoted classes marked as
Annexure-A;
B) Issue directions or orders directing the respondents
to grant admission to the petitioners to their promoted
classes in the fifth respondent - School and etc.
This Writ Petition coming on for Orders this day, the
Court made the following:
ORDER
The petitioners are stated to be the students studying in fifth respondent-Vidyaniketan Public School. It is submitted that the petitioners have been denied admission as per the endorsement at Annexure-A, which is impugned in the present writ petition.
2. Learned counsel appearing for respondent No.5 has filed a memo dated 20.07.2020 furnishing the details of fee due by each of the petitioners. He submits that as long as the arrears of fee as well as the fee for 6 the current academic year is paid, they would grant immediate admission to the petitioners.
3. Learned counsel for the petitioners also points out that the orders have been passed in Writ Petition No.8050/2020 (Edn-Res), wherein the said writ petition has been disposed off recording the submission of petitioners to pay the arrears of fee and fee for the current academic year and upon the statement of School Authorities that the petitioners would be permitted to continue their studies in the School upon payment of arrears of fee as well as fee for the current academic year as and when they become due.
4. Learned counsel appearing for the respondent No.5 submits that in light of the undertaking made in the Court by learned counsel for the petitioners, they would grant immediate admission to the petitioners on receipt of arrears of fee and fee for the current academic year.
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5. In light of the undertaking of the petitioners that they would pay the arrears of fee and fee for the current academic year as regards each of the petitioners as and when it falls due, writ petition could be disposed of.
6. Learned counsel for the petitioners submits that the arrears of fee and fee for the current academic year would be paid within two days from this day.
7. Learned counsel for the petitioners to file an affidavit as regards to the undertaking given by him in the Court.
8. Upon receipt of arrears of fee and fee for the current academic year, the respondent No.5 to immediately grant admission to the petitioners and make available the study material through e-mail as regards the classes missed by the petitioners for the present academic year.
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Petition is disposed off, in light of the above observations.
Sd/-
JUDGE VGR