- 1 - NC: 2024:KHC:51884 WP No. 21407 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 21407 OF 2024 (EDN-RES) BETWEEN: SREE KALAKANTESHWARI EDUCATION SOCIETY (R) VOKKODI VILLAGE-572107 TUMKUR DISTRICT BY ITS SECRETARY SRI VENKATAPPA S/O LATE THIMMAIAH AGED 61 YEARS (KARNATAKA SOCIETIES REGISTRATION ACT, 1960) …PETITIONER (BY SRI. N SURESHA.,ADVOCATE) AND: 1. THE SECRETARY DEPARTMENT OF PRIMARY AND HIGHER PRIMARY EDUCATION GOVERNMENT OF KARNATAKA M S BUILDINGS DR AMBEDKAR VEEDI BENGALURU-560001 2. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTION DR AMBEDKAR VEEDHI K R CIRCLE BENGALURU-560001 3. THE ADDITIONAL COMMISSIONER THE PUBLIC INSTRUCTION TO THE EDUCATION DEPARTMENT, GULBARGA DEPARTMENT GULBARGA DISTRICT-585101 4. THE DEPUTY DIRECTOR Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:51884 WP No. 21407 of 2024 PUBLIC INSTRUCTIONS EDUCATION DEPARTMENT BIDAR DISTRICT BIDAR-585401 5. THE BLOCK EDUCATIONAL OFFICER BASAVAKALYANA BIDAR DISTRICT-585401 …RESPONDENTS (BY SMT. PRATHIBHA R.K., AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER AS THE CASE MAY BE DIRECT THE R-3 TO CONSIDER THE REPRESENTATION GIVEN BY THE PETITIONER FOR REQUESTING TO SUBMIT THE REPORT TO THE GOVERNMENT ON DTD 04.12.2023 PRODUCED AT ANNEXURE-Z7. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a. Direct the R3 to consider the representation given by the Petitioner for requesting to submit the report to the Government on dated 28.3.2024 produced at Annexure-Z7. b. Further direct the R1 to accord necessary permission for shifting of the petitioner’s institution from Sri. Kalakanteshwari High School, Bikkegudda Village, Gubbi Taluk, Tumkur District to Morakandi - 3 - NC: 2024:KHC:51884 WP No. 21407 of 2024 Village, Basavakalyana Taluk, Bidar District and to pass necessary orders thereof since academic year is fast approaching as per Annexure-Z7 dated 28.03.2024. c. Grant such other and further reliefs as this Hon’ble Court deems fit in the circumstances of the case in the interest of justice and equity. 2. The petitioner was initially established at Vakkodi in Tumkur district for primary school and later on 5th to 8th standard was also established therein. Subsequently, petitioner made an application for shifting the school to Morakandi village, Basavakalyana taluk, Bidar district on 14.03.2021. Pursuant to the said request, various correspondences and representations have been submitted. However, the report has not been submitted as on date. 3. In that view of the matter, I pass the following: ORDER 1. The writ petition is allowed. 2. Respondent No.3 is directed to consider the representation dated 28.03.2024 and submit a - 4 - NC: 2024:KHC:51884 WP No. 21407 of 2024 report relating to the petitioner’s school within a period of eight weeks from today. 3. In the event of inspection not having been done, inspection to be completed within four weeks from today and report to be submitted within eight weeks as aforesaid. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 62