SRI VASAVI EDUCATION TRUST (R) v. THE STATE OF KARNATAKA
WP/9694/2024 · 2025-01-24
K S Hemalekha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21177 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21177 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3133 WP No. 9694 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.9694 OF 2024 (EDN-RES)
BETWEEN:
SRI VASAVI EDUCATION TRUST (R) LAL BAHADDUR SHASTRI ROAD, MEGALAKERI, CHANNARAYAPATNA, HASSAN-573116, REP. BY ITS PRESIDENT SRI C.S. ADHISHESHA KUMAR.
... PETITIONER
(BY SRI PRAKASH M.H., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REP. BY THE COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, K.R. CIRCLE, BANGALORE-560001.
2.
THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS, HASSAN DISTRICT, HASSAN-573116.
3.
THE BLOCK EDUCATION OFFICER, CHANNARAYAPATNA, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573116.
... RESPONDENTS
(BY SMT. MAMATHA SHETTY, AGA FOR R-1 TO R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT IN THE NATURE OF MANDAMUS TO THE RESPONDENT NO.2 AND 3 TO APPROVE RENEW THE LICENCE TO THE PETITIONER INSTITUTION VIDE APPLICATION DATED 10.02.2024 AT ANNEXURE-N AND FURTHER TO TAKE SUITABLE ACTION ON THE REPRESENTATION DATED 14.03.2024, VIDE ANNEXURE-P.
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:3133 WP No. 9694 of 2024
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL ORDER
The petitioner is seeking for the following reliefs: (a) Issue a writ of mandamus to the respondent No.2 and 3 to approve / renew the licence to the petitioner institution vide application dated 10.02.2024 at Annexure-N and further to take suitable action on the representation dated 14.03.2024, vide Annexure-P. (b) Pass any other order or issue writs under the circumstances of the case that this Hon’ble court deems fit in the interest of justice and equity.
2. Heard
learned counsel appearing for the petitioner and learned AAG for the respondent.
3.
Learned counsel for the petitioner drawing the attention of this court to Annexure - F, H and J urges that the institution was granted provisional renewal of
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NC: 2025:KHC:3133 WP No. 9694 of 2024
recognition in 2015 and further renewals granted in 2016, that show cause notice issued by the respondent no 2 is without considering that the institution had obtained prior concurrence for the shift and the respondents had periodically assessed the institution’s functioning favorably.
4.
Learned counsel submits that the inaction to act on the application for renewal dated 10.02.2024 at Annexure-N and also non responding to the representation submitted on 14.03.2024 vide Annexure-P is detrimental to the petitioner’s institution.
5. Learned AAG appearing for respondents submits that if some reasonable time is granted, the application and the representation submitted would be considered in accordance with law.
6. The said submission is recorded.
7. On perusal of Annexure-F, H and J reflects the mention in the said certificate the address of the school in
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NC: 2025:KHC:3133 WP No. 9694 of 2024
the shifted place namely Lal Bahaddur Shastri Road, Channarayapatna. The grievance of the petitioner would be meted if respondent Nos.2 and 3 considers the application for renewal and the representation submitted within reasonable time, accordingly the writ petition stands disposed of directing respondent Nos.2 and 3 to consider the application filed by the petitioner at Annexure-N and the representation submitted at Annexure-P strictly in accordance with law bearing in mind the certificate of approval / renewal and recommendation issued at Annexure - F, H and J annexed to the writ petition within an outer limit of four weeks from the date of receipt of this order. Till such consideration, the respondents not to take any coercive steps.
Sd/- ________________________ JUSTICE K.S. HEMALEKHA
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