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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JANUARY, 2022
BEFORE
THE HON9BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.14054 OF 2021 (EDN-RES)
BETWEEN:
BHANDAYA EDUCATIONAL TRUST
HAVING ITS REGISTERED OFFICE AT,
GURUKULA PUBLIC SCHOOL,
ANUPAM ENCLAVE, VAKWADY,
KOTESHWARA, KUNDAPURA,
UDUPI DISTRICT-576 267.
REPRESENTED BY ITS JOINT MANGING TRUSTEE
SUBHASCHANDRA SHETTY
&PETITIONER
(BY SMT. LAKSHMI MENON, ADVOCATE)
AND:
1.
BLOCK EDUCATION OFFFICER
KUNDAPURA, UDUPI DISTRICT,
KARNATAKA-576 201.
2.
DISTRICT EDUCATION OFFICER
UDUPI DISTRICT - 576 201.
3.
STATE OF KARNATAKA
THROUGH THE DEPARTMENT OF PRIMARY AND
SECONDARY EDUCATION 6TH FLOOR, M.S.BUILDING,
BANGALORE-560 001.
REPRESENTED BY ITS SECRETARY.
4.
CENTRAL BOARD OF SECONDARY EDUCATION,
SHIKSHA KENDRA, 2, COMMUNITY CENTRE,
PREET VIHAR, NEW DELHI-110 092.
REPRESENTED BY ITS SECRETARY(ADMIN)
5.
ANVITH D SHETTY.
AGED ABOVE 11 YEARS,
S/O. SHRI. DINAKAR SHETTY,
RESIDING AT 1/158, KUNDAPURA MANE,
VAKWADI KOTESHWARA,
2
KUNDAPURA TQ.,
UDUPI DISTRICT - 576 257
REPRESENTED BY HIS FATHER,
SHRI. DINAKAR SHETTY.
6.
PRANNIDHI G. SHETTY
AGED ABOUT 6 YEARS,
D/O SHRI GANESH SHETTY,
RESIDING AT BELLAR HOSAMANE,
DEVASTANBETLU,
KUNDAPURA TQ.,
UDUPI DISTRICT - 576 231.
REPRESENTED BY HER FATHER,
SHRI. GANESH SHETTY.
7.
SANAY S. SHETTY
AGED ABOUT 10 YEARS,
S/O. SHRI. SATISH,
RESIDING AT HOSA MANE,
KANCHIGAR BETTU, THAKKATTE,
KUNDAPURA TQ.
UDUPI DISTRICT - 576 231
REPRESENTED BY HIS FATHER,
SHRI. SATISH.
8.
NEHAL B. SHETTY
AGED ABOUT 11 YEARS,
D/O. SHRI. BHASKAR SHETTY,
RESIDING AT NEHAL COMPOUND,
NAYAKWADI, GUJJADI,
KUNDAPURA TQ.,
UDUPI DISTIRCT - 576 216.
REPRESENTED BY HER FATHER,
SHRI. BHASKAR SHETTY.
9.
NEHA B. SHETTY
AGED ABOUT 6 YEARS,
D/O. SHRI BRASKAR SHETTY,
RESIDING AT NEHAL COMPOUND,
NAYAKWADI GUJJADI,
KUNDAPURA TQ,
UDUPI DISTRICT - 576 216.
REPRESENTED BY HER FATHER,
SHRI. BHASKAR SHETTY.
10.
SANJITHA NIDHI SHETTY
AGED ABOUT 8 YEARS,
D/O. SHRI VISHWARAJ SHETTY,
3
RESIDING AT SINDU COMPOUND,
DODDONI ROAD,
KOTESHWARA, KUNDAPURA TQ,
UDUPI DISTRICT - 576 222.
REPRESENTED BY HER FATHER,
SHRI. VISHWARAJ SHETTY.
11.
VARMITHA AKSHAY SHETTY
AGED ABOUT 8 YEARS,
D/O. SHRI VISHWARAJ SHETTY,
RESIDING AT SINDU COMPOUND,
DODDONI ROAD, KOTESHWARA,
KUNDAPURA TQ,
UDUPI DISTRICT - 576 222.
REPRESENTED BY HER FATHER,
SHRI. VISHWARAJ SHETTY.
&RESPONDENTS
(BY SRI. VINOD KUMAR, AGA FOR R1-R3;
SRI. M.R. SHYLENDRA, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE TRANSFER CERTIFICATES VIDE ANNX-A TO A7 SERIES,
UNILATERALLY AND ILLEGALLY ISSUED BY THE R-1 TO THE
STUDENTS OF THE PETITIONER INSTITUTION; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN B GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
Shorn of the pleadings and the prayers, learned counsel
for the petitioner submits and this Court thinks it right that
now whichever students have been shifted to other School
may not be disturbed and that hereafter the BEO desiring to
make such decisions of transfer has to hear the petitioner-
Institution, since there are some CBSE norms which provide
protection to the financial interest of the Institution such as
4
the fee and other payables from the side of community of the
taught, which the petitioner can put forth as a defense.
2.
It hardly needs to be stated that the transferring of
students from one school to another, is a serious mater
having repercussion not only on the students but also on the
school management itself; such transfers also involve
financial & reputational implications; therefore, before
resorting to such stringent measures, the institution has to
be given an opportunity of hearing; now that the law has
been clarified, the authorities hereinafter shall follow the
same.
In view of the above, this writ petition is disposed off
making it clear that no students of petitioner-School shall be
unilaterally shifted to any other Institution without giving an
opportunity of hearing to the petitioner-Institution.
It is open to the petitioner to take up all contentions
whenever any proposal for transfer of students is put forth,
including the CBSE regulation.
SD/-
JUDGE
DS/JY
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