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2024 Supreme(Online)(Kar) 37078
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 11118 OF 2024 (EDN-RES)
BETWEEN:
QURESHI EDUCATION SOCIETY ALLAHANAGAR AHEMADNAGAR COLONY BASAVAKALYAN DIST BIDAR 585327 …PETITIONER (BY SRI. SHAIKH SAOUD., ADVOCATE)
AND:
1. THE ADDL COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS KALABURAGI 585101
2. THE DEPUTY DIRECTORY (ADMIN)
SCHOOL EDUCATION DEPARTMENT Digitally BIDAR DISTRICT 585401 signed by ANAND N Location:
HIGH 3. REGIONAL EDUCATION OFFICER COURT OF KARNATAKA SCHOOL EDUCATION DEPARTMENT BASAVAKALYAN TALUK BIDAR DISTRICT 585327
4. THE EDUCATION OFFICER SCHOOL EDUCATION DEPARTMENT OFFICE OF THE DY. DIRECTOR BIDAR DISTRICT 585327
5. TAJ HIGHER PRIMARY URDU AND KANNADA MEDIUM SCHOOL BASAVAKALYAN BIDAR DISTRICT 585327 THE PRL. SECRETARY SCHOOL EDUCATION AND LITERACY DEPARTMENT
6.
BENGALURU …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R5 AND ALSO IMPLEADED PROPOSED R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING THAT THE ORDER DATED 27/02/2024 IN REVISION PETITION NO. 47/2023 PASSED BY THE PRL. SECRETARY TO GOVERNMENT DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, BENGALURU AT ANNEXURE-A MAY PLEASED BE SET ASIDE; THE ADMINISTRATION OF TAJ URDU AND KANNADA MEDIUM SCHOOL AT BASAVAKALYAN MAY PLEASED BE HANDED OVER TO THE PETITIONER / SOCIETY BY QUASHING THE ANNEXURE-B, THE ORDER DATED 25/04/1995 PASSED BY THE DY. DIRECTOR OF PUBLIC EDUCATION DEPARTMENT BIDAR NO. G/BA/DRA/SHALEYA/B.K./DURU-5.0.1-95 OF APPOINTING THE ADMINISTRATOR OF THE TAJ URDU AND KANNADA MEDIUM SCHOOL BASAVAKALYAN.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs.
"a. That the Order dated 27-02-2024 in Revision Petition No.47/2023 passed by the Prl. Secretary to Government Department of School Education and Literacy, Bengaluru at Annexure-A may pleased be set aside.
b. The Administration of TAJ URDU & KANNADA MEDIUM SCHOOL AT BASAVAKALYAN may pleased be handed over to the petitioner/Society by quashing the Annexure-B, the order dated 25-04-1995 passed by the Dy. Director of Public Education Department Bidar No.G/BA/DRA/SHALEYA/B.K./DURU-5:0:1-95, of appointing the Administrator of the Taj Urdu & Kannada Medium School Basavakalyan, in the interest of justice and equity.
c. That the order dated 28-03-1977 of bringing the "Taj Urdu & Kannada Medium School at Basavakalyan" under the Government Grant, by restoring strength of the teaching staff to 31 as that of 1991."
2. The learned counsel for the petitioner submits that pursuant to the order dated 16.02.2022 passed by this Court in W.P.No.203679/2019 [EDN-RES], the petitioner has filed a petition under Section 130 of the Karnataka Education Act, 1983 [for short, 'the said Act of 1983'], which was treated as a Revision Petition No.47/2023 under Section 133 of the said Act of 1983 by the Competent Authority.
3. It is the grievance of the petitioner that despite putting forth various contentions, submitting written arguments and citing judgments of various Courts, including the Apex Court and this Court, the respondent No.6 has not considered the same and has proceeded to pass the impugned order, which is an unreasoned and a non-speaking and the same deserves to be set aside.
4. Per contra, the learned Additional Government Advocate submits that there is no merit in the petition and the same is liable to the dismissed.
5. A perusal of the order dated 16.02.2022 passed by this Court in W.P.No.203679/2019 will indicate that this Court had permitted the petitioner to file an application before the respondent No.6/Competent Authority, which as been done by the petitioner by filing Revision Petition No.47/2023. However, a perusal of the impugned order at Annexure - A dated 27.02.2024 will indicate that the various contentions urged by the petitioner, including the written arguments, citations etc., have not been considered by the respondent No.6 while passing the impugned order, which is clearly an unreasoned and non-speaking order without application of mind warranting interference by this Court in the present petition. Consequently, the impugned order at Annexure-A deserves to be set aside and the matter remitted back to the respondent No.6 for reconsideration afresh in accordance with law.
6. In the result, the following:
ORDER
A. The petition is allowed.
B. The impugned order dated 27.02.2024 at Annexure-A is hereby quashed.
C. The matter is remitted back to the respondent No.6 for reconsideration afresh in accordance with law.
D. Liberty is reserved in favour of the petitioner to submit its pleadings, documents, citations etc., which shall be considered by the respondent No.6. after providing sufficient and reasonable opportunity to the petitioner and in accordance with law.
