2023 Supreme(Online)(KAR) 15196
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WP No. 1076 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO.1076 OF 2023 (EDN-RES)
BETWEEN:
DIGNITY EDUCATIONAL TRUST
NO.551, RAJENDRANAGAR
BENGALURU-560 047
REPRESENTED BY TRUSTEE
MOHAMMED JAHANGIIR
…PETITIONER
(BY SRI. NAVEED AHMED, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
DEPARTMENT OF PRIMARY AND
HIGHER SECONDARY EDUCATION
VIDHANA SOUDHA
BENGALURU-560 001.
REPRESENTED BY SECRETARY.
2.
DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
SOUTH SUB DIVISION
KHALASI PALYA
BENGALURU-560 002.
3.
BLOCK EDUCATION OFFICER
BANGALORE SOUTH DIVISION NO.3
BTM LAYOUT, BENGALURU-560 029.
…RESPONDENTS
(BY SMT. PRAMODHINI KISHAN, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED
NOTICE
DATED
12.01.2023
ISSUED
BY
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WP No. 1076 of 2023
RESPONDENT
NO.3
VIDE
NO.A2/A.PO.PRA.SA/02/2022-23
PRODUCED AT ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
Heard Sri Naveed Ahmed, learned counsel appearing for
the petitioner and Smt. Pramodhini Kishan, learned Additional
Government Advocate for respondent-State.
In this writ petition, the petitioner has challenged
the notice issued by the respondent No.3 dated 12.01.2023
produced at Annexure-A. The petitioner is running Pre-Primary
School in the name and style of ‘Happy Kidzee Schoo’l. It is the
contention of the of the learned counsel appearing for the
petitioner that petitioner-Trust has obtained permission from
respondent No.3 to establish the Pre-Primary School for the
Academic Year 2018-19 and accordingly, running the Pre-
Primary School since 2018 in a rented premises having
strength of about 200 students. Further, it is submitted that
school has shifted from No.33, Bazar Street, Rose Garden,
Neelasandra, Bangalore, as it is not in a usable condition which
required renovation and now shifted to No.131, 2/58,
Munegowda Garden, Neelasandra, Bangalore as the said
premises is owned by one of the trustee of the petitioner-Trust.
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It is further submitted that respondent No.3 has issued
impugned notice to close down the school on the ground that
School is shifting to the new location without seeking proper
permission and approval and shifting of the School from one
place to another is not permissible in view of the specific rules
and regulations governing the same. However, it is seen that
impugned notice produced at Annexure-A is issued to the
petitioner-Trust to furnish certain details, failing which, the
school be closed down. Therefore, petitioner is at liberty to
make an application with relevant details sought for by the
respondent-State with regard to obtaining permission and for
shifting the school in accordance with rules and regulations
under law governing Education Institutions for Pre-Primary
School. Since the petitioner is running a Pre-Primary School
with the strength of 200 students, till the same is decided by
the respondent-State, by virtue of the reply and other
documents, respondents shall not take any adverse coercive
steps or precipitate action against petitioner in running the
school and said application shall be disposed of by the
respondent-State within a period of six weeks from the date of
filing of such application by the petitioner by furnishing all the
details of approval and seeking permission for shifting the
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school from one place to another place as stated above.
Accordingly, the writ petition is disposed of.
SD/-
JUDGE
SB