The State Government must adhere to the grant order dated 9.1.2013, and civil servants cannot issue orders in conflict with the grant order which is in force, merely on the basis of oral or verbal instructions of the Political Executive unless the State Government annuls/modifies the grant order.

1. The petitioners have sought for the following reliefs.

"[i] Issue a writ of Mandamus to give full effect to the Government Order bearing No.ED 771 LIB 2012 dated 09.01.2013 [Annexure-B] by taking all steps necessary for putting up of Swami Vivekananda Memorial and Cultural Center and also the directions issued in the letter dated 03.05.2014 [Annexure-K] issued by the Respondent No.3 to the Respondent No.4 to enable the petitioners to have the full use of the premises.

[ii] To set aside the direction issued in the letter bearing No.ADM2[2] Transfer 6210/12-13 dated 31.05.2014 issued by the Respondent No.3 to the Respondent No.4, produced herewith as [Annexure-R] and consequently direct the State to shift the School in terms of the letter dated 3.5.2014. [ii][a] In the alternative to issue a Writ of Mandamus directing the respondents to implement the decision taken in terms of the letter of the respondents dated 04.02.2015 and minutes dated 26.11.2014 communicated to the petitioners produced as Annexure-S5 and S6."

2. The Government of India decided to commemorate the 150th Birth Anniversary of Swami Vivekananda in a befitting manner and accordingly constituted a committee known and called as 'National Implementation Committee for Commemoration of 150th Birth Anniversary of Swami Vivekananda' [in short NIC] under the Chairmanship of the then Hon'ble Prime Minister for implementing the decisions of the NIC and chalk out programmes and activities for the proposed celebrations to promote renewed interest particularly in youth in values, thoughts and ideals of Swami Vivekananda.

3. In this regard, the Union and State Governments took several steps and several programmes were conducted throughout India. In pursuance thereof, the Government of Karnataka also adopted a Twelve Point Programme to commemorate the 150th Birth Anniversary of Swami Vivekananda. It is in furtherance of the same, the State Government vide its order dated 16.8.2012 constituted a committee to implement programmes and organize functions to commemorate the 150th Birth Anniversary of Swami Vivekananda. Various monitoring committees were also constituted to oversee the different programmes. The Monitoring Committee for the programme of Renovation and Building Cultural Centre decided at its meeting held on 31.8.2012, to shift the BRC building belonging to Department of Education situated in the land premises in question to some other place by retaining the existing Shiva Temple and to merge the NTM School with Devaraja Government Higher Primary School which is at a distance of about 200 meters. It was further decided to handover the entire premises including the NTM School building and land to Ramakrishna Math and Mission for establishing a memorial for Swami Vivekananda - Swami Vivekananda Cultural Youth Centre - the Viveka Smaraka. The State Government passed an order dated 9.1.2013 to handover the property to the petitioners. It is contended that the Deputy Director of Public Instructions, Mysore, has handed over the property to the petitioners on 15.3.2013 and they are in possession of the entire property handed over to them; the Khata of the said property has been registered in the name of the petitioners and they are paying municipal taxes and other cesses as required under law. The decision to handover the property in question is a part of the Twelve Point Programme of the State Government to commemorate the 150th Birth Anniversary of Swami Vivekananda.

4. In the 6th Meeting of the NIC held on 11.12.2013 under the Chairmanship of the then Defence Minister, the proposal relating to construction of Swami Vivekananda Memorial Cultural Center was approved and decided that the Ministry of Culture would provide 5 Crores and the balance requirement of funds would be provided by the Ramakrishna Math, Belur, West Bengal. In pursuance thereof, the Government of India has released a sum of Rs.25 lakhs to start the project.

5. When the things stood thus, a Public I