Karnataka High Court
Udaya Education Society (R) vs State Of Karnataka on 2 April, 2018
Equivalent citations: AIRONLINE 2018 KAR 1413
Author: Vineet Kothari
Bench: Vineet Kothari
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Dated this the 2nd day of April, 2018
Before
THE HON'BLE DR JUSTICE VINEET KOTHARI
Writ Petition No.13241 of 2018 (EDN-RES)
Between
Udaya Education Society (R)
Lingarajapura
Theetha Post
Koratagere Taluk
Tumakuru District-57
Rep. by its Secretary
Smt. Shashikala R
... Petitioner
(By Mr. S.N. Bhat, Advocate)
And
1. State of Karnataka
Rep. by its Secretary
Department of Education
M.S. Building
Bengaluru-560002.
2. Director
Department Pre-University
18th Cross, Malleshwara
Bengaluru-560003.
3. Deputy Director
Department of Pre University
Chitradurga District
Chitradurga-577501.
... Respondents
(By Mr. E.S. Indiresh, AGA)
Date of Order 02-04-2018 W.P.No.13241/2018
Udaya Education Society (R) Vs. State of Karnataka & Ors..
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****
This Writ Petition is filed under Articles 226 and 227
of the Constitution of India, praying to direct the 1st and 2nd
Respondent to consider the request of the petitioner to
transfer and shifting of the Maruthi Independent Pre-
University College from Melekote, Tumakuru to Hirehalli
Village, Challakere Taluk, Chitradurga district & etc.
This Writ Petition coming on for Preliminary Hearing,
this day, the Court made the following:
ORDER
Mr. S.N. Bhat, Advocate for Petitioner Mr. E.S. Indiresh, AGA for Respondents The petitioner - Udaya Education Society (R), Tumakuru, has filed this writ petition in this Court on 23-03-2018 seeking a direction to the first and second Respondents, viz., the Secretary of the Department of Education and the Director, Department of Pre- University, Bengaluru to approve the change of location of the petitioner Institution under the relevant Rules, viz., the Karnataka Educational Institutions (Change in the Governing Council or Change in the Location Date of Order 02-04-2018 W.P.No.13241/2018 Udaya Education Society (R) Vs. State of Karnataka & Ors.. 3/6 of Private Educational Institutions) Rules, 2006 ('Rules of 2006' for short).
2. The Application in this regard is said to have been filed by the petitioner - Institution on 07-12-2016 vide Annexure G.
3. Rule 5 of the aforesaid Rules of 2006 framed under the Karnataka Education Act, 1983 reads as under:
"Rule 5. Conditions for change in the location of the private education institutions. (1) No change in the location of a private educational institution located within the limits of an urban agglomeration, City Corporation, City Municipal Council, Town Municipal Council, Town Panchayat shall be permitted beyond the limits of such urban agglomeration or City Corporation or City Municipal Council or Town Municipal Council or Town Panchayat, as the case may be:
Date of Order 02-04-2018 W.P.No.13241/2018 Udaya Education Society (R) Vs. State of Karnataka & Ors..4/6
Provided that change in the location of a private educational institution may be permitted from a place in one Gram Panchayat area, where it is located, to another place either within the same Gram Panchayat area or some other Gram Panchayat area, which does not fall within the limits of any urban agglomeration:
Provided further that, change in the location of a private educational institution located within the limits of an Urban Agglomeration, City Corporation, City Municipal Council, Town Municipal Council, Town Panchayat may be permitted beyond the limits of such Urban Agglomeration or City Corporation or City Municipal Council or Town Municipal Council or Town Panchayat, as the case may be, to a rural area.
(2) Change of location shall be permitted by the Competent Authority only if the governing Council has provided all the facilities prescribed at the new location.
Date of Order 02-04-2018 W.P.No.13241/2018 Udaya Education Society (R) Vs. State of Karnataka & Ors.. 5/6 (3) Ordinarily, change in the location of the institution shall not be permitted more than once.
(4) The governing Council shall ensure that no inconvenience is caused to the students in case change in location is permitted.
(5) If the Competent Authority permits change in the location, a fresh application for registration and recognition shall be made as if it were a newly started institution."
4. The learned Government counsel has drawn the attention of the Court that the said Application was not accompanied by any relevant evidence satisfying the conditions of the said Rules and therefore, obviously no such decision could be expected to be taken at the hands of these Respondents.
5. Having heard the learned counsels for the parties, this Court is of the opinion that this writ petition is premature and is liable to be dismissed. It is Date of Order 02-04-2018 W.P.No.13241/2018 Udaya Education Society (R) Vs. State of Karnataka & Ors.. 6/6 for the petitioner to satisfy the concerned Authorities about the infrastructure and other facilities to be prescribed at the new location by the Institution concerned. The one-page representation produced before this Court in the Vernacular language also does not speak of any such evidence having been produced by the petitioner before the said Authority.
6. The present writ petition is accordingly dismissed with the aforesaid liberty and direction to the petitioner to comply with the said Rules in true letter and spirit and then approach the Authorities with relevant evidence for appropriate decision in the matter. No costs.
Sd/-
JUDGE BMV*