Shirdi Sai Baba Educational Trust(R) vs The Deputy Director Of Public ... on 17 January, 2013

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Karnataka High Court

Shirdi Sai Baba Educational Trust(R) vs The Deputy Director Of Public ... on 17 January, 2013

Bench: Huluvadi G.Ramesh

                               1

       IN THE HIGH COURT OF KARNATAKA AT BANGALORE

          DATED THIS THE 17th DAY OF JANUARY 2013

                           BEFORE

        THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH

        WRIT PETITION NO.44257 OF 2011 (END-REG-P)

BETWEEN:

SHIRDI SAI BABA EDUCATIONAL TRUST(R)
MARALUBAGILU
DEVANAHALLI TOWN-562 110
BANGALORE RURAL DISTRICT
REP BY ITS SECRETARY
SRI RADHAKRISHNAN S/O C K BHARGAVAN         ...PETITIONER

(BY SRI. K VARAPRASAD, ADV.)

AND:

1. THE DEPUTY DIRECTOR OF PUBLIC
   INSTRUCTIONS
   BAGNALORE RURAL DISTRICT
   BANGALORE

2. THE BLOCK EDUCATIONAL OFFICER
   DEPARTMENT OF PUBLIC INSTRUCTIONS
   DEVANAHALLI TALUK
   DEVANAHALLI-562 110
   BANGALORE RURAL DISTRICT                 ...RESPONDENTS

(BY SRI.R.OMKUMAR, AGA FOR R1 & R2)
                               ---

     This writ petition is filed under Articles 226 and 227 of
the Constitution of India praying to issue a writ in the nature
of certiorari quashing the endorsement dtd.23.9.11, issued
by the R1 vide Annex-T and etc.

     This Petition coming on for Preliminary Hearing this day,
the Court made the following:-
                                2

                            ORDER

The petitioner has sought for quashing of the order dated 23.9.2011 at Annexure-T passed by the Deputy Director of Public Instructions, Bangalore Rural District, Bangalore.

2. The petitioner - Trust is said to have made an application on 28.10.2010 for grant of permission to run a primary school from 1st standard to 5th standard having complied with all the formalities, having basic infrastructure and also having obtained NOC from other neighbouring schools. On the application so made, despite taking considerable time, the Deputy Director has rejected the application and also issued an endorsement dated 23.9.2011, which is challenged before this Court.

3. Heard the learned counsel for the petitioner and learned Addl. Government Advocate for the respondents.

4. Referring to Section 130 of the Karnataka Education Act, 1983 (hereinafter referred to as 'the Act'), it is submitted by the Addl. Government Advocate that, as per the Rules 3 framed under the statute, Rule 3(2) of the Karnataka Educational Institutions (Appellate Authority) Rules, 1998 (hereinafter referred to as 'the Rules') provides for an appeal to be preferred before the Director of Public Instructions. He further submits that when there is an alternative forum, the petitioner should approach the same.

5. Section 130 of the Act provides for such an appeal on any order passed by the Officer prescribed. In that view of the matter, with liberty to the petitioner to file an appeal as provided under Section 130 of the Act read with Rule 3(2) of the Rules, this petition is disposed of. All the contentions are left open to be urged. It is for the petitioner to approach the Appellate Authority within four weeks from the date of receipt of copy of this order.

Sd/-

JUDGE RV

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