Karnataka High Court
P M S Education Society vs State Of Karnataka on 5 June, 2017
Author: S.Sujatha
Bench: S.Sujatha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2017
BEFORE
THE HON'BLE MRS.JUSTICE S.SUJATHA
W.P.No.13161 OF 2016 (EDN - REG - P)
BETWEEN :
P.M.S. EDUCATION SOCIETY
NAYAKANHATTI, CHALLAKERE TALUK
DULY REGISTERED UNDER THE
PROVISIONS OF SOCIETIES
REGISTRATION ACT,
HAVING ITS NUMBER AS
CDG-S336-2012-13
HAVING ITS REGISTERED OFFICE
AT NAYAKNAHATTI-577536
REP. BY ITS SECRETARY
SMT.SUGUNA P.M.
AGED ABOUT 40 YEARS,
R/O NAYAKAHATTI VILLAGE,
CHALLAKERE TALUK
CHITRADURGA DISTRICT. ...PETITIONER
(BY SRI M.R.HIREMATHAD, ADV.)
AND :
1. STATE OF KARNATAKA
REP. BY ITS SECRETARY,
DEPARTMENT OF EDUCATION,
M.S.BUILDING, DR. AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2. DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS
CHITRADURGA DISTRICT,
-2-
CHITRADURGA-577501.
3. BLOCK EDUCATION OFFICER
CHALLAKERE TALUK,
CHALLAKERE,
CHITRADURGA DISTRICT-577522. ...RESPONDENTS
(BY SRI R.B.SATYANARAYANA SINGH, AGA.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTIONAL OF INDIA PRAYING TO QUASH
THE ANNEXURE-A THE ENDORSEMENT DATED 15.09.2015
ISSUED BY THE R-2 AT ANNEXURE-A AND DIRECT THE
RESPONDENTS TO REGISTER THE SCHOOL OF THE
PETITIONER SOCIETY AS KANNADA MEDIUM LOWER PRIMARY
SCHOOL AND GRANT PERMISSION FOR RUNNING THE SCHOOL
FROM 1ST STANDARD TO 5TH STANDARD.
THIS PETITION COMING ON FOR PRL.HEARING IN 'B'
GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has called in question the endorsement dated 15.9.2015 issued by the 2nd respondent at Annexure-A to the writ petition inter alia seeking a direction to the respondents to register the school of the petitioner-Society as Kannada Medium Lower Primary School and grant permission for running the school from standards I to V. -3-
2. This is the third round of litigation as far as the petitioner seeking direction to the respondents to register the school of the petitioner-society. The petitioner-society was permitted to start LKG and UKG classes by issuance of registration certificate by 3rd respondent. The petitioner-Society submitted its application for opening of the primary school (standards I to V) in Kannada Medium in compliance with the requirements as per Notification dated 17.3.1997. The 3rd respondent returned the file submitted by the petitioner-society by issuing an endorsement to file fresh demand draft as per revised fees. The petitioner- society filed W.P.No.55479/2014 challenging the endorsement and this Court was pleased to grant an interim order directing the petitioner to resubmit the application for permission for the school and respondents to consider the same without applying new norms. The petitioner-society resubmitted the application with new demand draft for permission of -4- new Kannada medium school from standard I to V. Since the same was not considered by the respondents, petitioner-society filed an application for a direction to the respondents to consider the resubmitted application in W.P.No.55479/2014. Respondent No.2 issued an endorsement raising several objections to grant permission to run the school subsequent to the order passed by this Court, which was challenged in W.P.No.22879/2015 and this Court was pleased to dispose of the same directing reconsideration. Pursuant to the order passed by this Court, petitioner submitted a representation along with necessary documents and explanations to the endorsement issued by the Authorities producing copy of the order of this Court. Respondent No.2 issued an endorsement reiterating the same objections to grant the permission to run the school from standards I to V. The same is impugned herein.
-5-
3. Learned counsel Sri.Hiremathad, appearing for the petitioner placing reliance on the order passed by this Court in W.P.Nos.55398-405/2015 & connected matters (DD 2.6.2016) would contend that this Court has categorically held that the Government has itself clarified certain conditions imposed in the Notification dated 11.11.2014 and 2.5.2015, particularly with regard to the applicant's possessing 1 acre and ½ acre of playground would not be applicable to the existing schools as per Circular dated 20.5.2016. As such, the petitioner's application having been rejected on the basis of the Notification dated 11.11.2014 and 2.5.2015 not being complied with, the petitioner is entitled to a similar relief.
4. In view of the said Judgment referred to above, the endorsement dated 7.5.2015 at Annexure-A is quashed. Respondent No.2 shall reconsider the applications of the petitioner afresh, in the light of the -6- observations made in W.P. Nos.55398-405/2015 & connected matters (DD 2.6.2016) and the Circular dated 20.5.2016, within an outer limit of four weeks from the date of receipt of the certified copy of the order.
5. It is made clear that no opinion is expressed with regard to security deposit, as well as registration and processing charges and petitioners are at liberty to urge them before the competent authority.
Sd/-
JUDGE ln.