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1996 Supreme(Kar) 113

H.N.TILHARI
NORTH COORG HIGHER EDUCATION SOCIETY – Appellant
Versus
STATE OF KARNATAKA – Respondent


H. N. TILHARI, J.

( 1 ) THIS petition under Art. 226 of the Constitution of India has been filed with the prayer for issue of writ of mandamus or similar writ, order, or direction to the respondents directing the respondents to accord permanent recognition to the petitioner's Institution as well as to afford financial assistance and grant-in-aid as provided in the Grant-in-aid Code for Primary Schools.

( 2 ) THE facts of the case in brief are, that according to the petitioner, the petitioner- Institution was started in the year 1981-82, after having obtained the necessary permission. According to petitioner's case, the petitioner's Institution imparted education from 1st Standard to VII Standard in Kannada medium. In para-3 of the petition, it has been stated that in column-13 of the prescribed form, the petitioner had mentioned that petitioner will continue to run the school at its own until the grant is sanctioned by the Government and this statement was made in Column-13 keeping in view the provisions of Rule 22 (iv) of the Grant-in-aid Code for primary schools, which provided that no school shall be eligible to grant-in-aid until and unless it has completed 3 years. The petition















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