Dhruva Gramantara High School vs The State Of Karnataka And Ors
2021 Latest Caselaw 3382 Kant

          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

     DATED THIS THE 23RD DAY OF SEPTEMBER 2021

                         PRESENT

THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

                            AND

          THE HON'BLE MS. JUSTICE J.M.KHAZI


       WRIT APPEAL No.200136/2021 (EDN-REG)

BETWEEN:

DHRUVA GRAMANTARA HIGH SCHOOL
HIREBERAGI TALUK, SINDHANUR
RAICHUR DISTRICT-584128
REPRESENTED BY ITS
THE HEAD MASTER
SRI SUVARNA B. HIREMATH
W/O BASALINGAIAH S. HIREMATH
AGED ABOUT 40 YEARS
                                        ... APPELLANT
(BY SRI R.P.SOMASHEKARAIAH, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       DEPARTMENT OF HIGHER AND
       PRIMARY SCHOOL EDUCATION
       M.S. BUILDING
       DR. AMBEDKAR VEEDHI
       BENGALURU-560001
       REPRESENTED BY ITS SECRETARY

2.     DEPUTY DIRECTOR OF PUBLIC
       INSTRUCTIONS IN KARNATAKA
       RAICHUR
       RAICHUR DISTRICT-584101
                                                    WA No.200136/2021
                                     2



3.    BLOCK EDUCATIONAL OFFICER
      SINDHANUR
      SINDHANUR TALUK
      RAICHUR DISTRICT-584128

4.    THE DIRECTOR (EXAMS)
      KARNATAKA SECONDARY EDUCATION
      EXAMINATION BOARD, 6TH CROSS
      MALLESHWARAM
      BENGALURU-560003
                                                        ... RESPONDENTS
(BY SMT. ANURADHA M. DESAI, GA)


      THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED BY THE LEARNED SINGLE JUDGE DATED 26.08.2021 IN
WRIT PETITION NO.201214/2021 AND ALLOW THE WRIT PETITION.


      THIS WRIT APPEAL COMING ON FOR ORDERS, THROUGH
PHYSICAL          HEARING/VIDEO          CONFERENCE,      THIS         DAY
Dr.H.B.PRABHAKARA SASTRY J., DELIVERED THE FOLLOWING:


                               JUDGMENT

Being aggrieved by the interim order dated 26.08.2021

passed by the learned Single Judge of this Court in

W.P.No.201214/2021 (EDN-EX), the petitioner in the writ

petition has preferred this writ appeal.

2. The grievance of the petitioner in the writ petition was

that High School which is being run under their banner was not

given RR number (unique code for school/Shala Sanketh) which has WA No.200136/2021

prevented them from conducting examinations in their school

considering their school as one of the centres for examinations.

However, the learned Single Judge after hearing both side has

opined that even though the respondent-authorities have not

sanctioned RR number (School unique code/Shala Sanketha),

still interest of the students is not affected. The learned Single

Judge in his interim order has granted an interim measure

permitting the students of the petitioner-school to take up

impending supplementary examinations for tenth standard.

However, the learned Single Judge has noticed requirement of

some time for the respondent Nos.2, 3 and 4 to process papers

said to have been submitted by the appellant/petitioner for the

purpose of allowing the students of the petitioner-school to take

up the supplementary examinations in the centre which is

petitioner-school itself. In that direction, respondent Nos.2, 3

and 4 were shown that they were required to enable students of

the petitioner-school to take up supplementary examinations by

issuing examination hall ticket and to write the examinations in

other centres as private candidates. It has been further

observed in the said writ petition that the petitioner-school shall

ensure that requisite fee are all paid within three days from the WA No.200136/2021

said date. However, the said interim order was subject to

outcome of the writ petition.

3. The learned counsel for the appellant vehemently

submitted that even though there is a specific recommendation

by the Deputy Director of Public Instructions that the petitioner-

school is entitled and eligible for RR number, still the

respondents have not granted said number. As such, there is

urgency for issuance of said RR number to the petitioner-

school.

4. On the contrary, the learned Government Advocate

who has taken notice for all the respondents submits that the

sanctioning authority is not the Deputy Director of Public

Instructions, but he is only a recommendatory authority. The

said recommendation of the Deputy Director of Public

Instructions has not been considered and found to be

incomplete by the order of the Director (Examinations) who is

respondent No.4 who has noticed, several of the lacunas and

omissions committed by the Deputy Director of Public

Instructions (respondent No.2). Thus, requisition of the

petitioner is still pending and has not been rejected.

WA No.200136/2021

5. In the above circumstances, we are of the view that

since the students' interest has not been affected and they are

said to have been permitted to write their examinations, though

not in the very school where they are said to have been

imparted with education, but in other centres/schools and

also in view of the fact that requisition of the

appellant/petitioner is said to be still pending under

consideration with the respondent-authorities and the

appellant/petitioner is also required to comply certain aspects

like furnishing necessary documents as sought for by the

respondents, we do not find any reasons to interfere in the

impugned order under challenge. Accordingly, the writ appeal

stands rejected.

In view of disposal of the main appeal, I.A.Nos.1/2021

and 2/2021 do not survive for consideration.

Sd/-

JUDGE

Sd/-

JUDGE

NB*