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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

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