Seshadripuram Educational Trust vs State Of Karnataka
2022 Latest Caselaw 351 Kant

                          1

  IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 10TH DAY OF JANUARY, 2022

                       BEFORE

       THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

       WRIT PETITION NO.23164 OF 2021(EDN-RES)

BETWEEN:

SESHADRIPURAM EDUCATIONAL TRUST,
NO.27, NAGAPPA STREET,
SESHADRIPURAM, BENGALURU - 560 020.
REPRESENTED BY ITS GENERAL SECRETARY
DR. WOODAY P KRISHNA,
AGED ABOUT 58 YEARS,
S/O LATE W H PUTTAIAH,
R/A BENGALURU.
                                        ...PETITIONER
(BY SRI. MADHUSUDAN R NAIK, SENIOR COUNSEL FOR
    SRI. SURAJ NAIK, ADVOCATE)

AND:

1. STATE OF KARNATAKA,
   BY ITS ADDL. CHIEF SECRETARY,
   DEPARTMENT OF HIGHER EDUCATION,
   6TH FLOOR, M S BUILDING,
   BENGALURU - 560 001.

2. THE COMMISSIONER,
   DEPARTMENT OF PRE UNIVERSITY EDUCATION,
   UNNATHA SHIKSHANA SOUDHA,
   SESHADRI ROAD, BENGALURU - 560 012.

3. THE DIRECTOR PRE-UNIVERSITY BOARD,
   DEPARTMENT OF PRE UNIVERSITY EDUCATION,
   SAMPANGI ROAD, 18TH CROSS,
   MALLESHWARAM, BENGALURU - 560 012.

4. THE JOINT DIRECTOR (RECOGNITION AND AID)
   DEPARTMENT OF PRE UNIVERSITY EDUCATION,
   SAMPANGI ROAD, 18TH CROSS,
   MALLESHWARAM, BENGALURU - 560 012.
                                     ... RESPONDENTS
(BY SRI. B V KRISHNA, AGA FOR R1-R4)
                              2

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION
TO THE R1 AND 2 TO CONSIDER AND PASS ORDERS ON THE
RESOLUTION    DATED    25.03.2008  ANNEXURE-B    AND
COMMUNICATION DATED 02.05.2008 ANNEXURE-B1 MADE
BY THE PETITIONER ENABLING THE INSTITUTIONS OF THE
PETITIONER TO FUNCTION AS UNAIDED INSTITUTION WITH
COMPLETE AUTONOMY IN THE MATTER OF SELECTION OF
STAFF AND ADMISSION OF STUDENTS AND ETC.,

    THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY THROUGH VIDEO
CONFERENCE, THE COURT MADE THE FOLLOWING:-

                          ORDER

The short grievance of the petitioner is as to non-

consideration of its request for stopping the Grant-in-Aid

to the educational in question. No decision having been

taken on the said request, though years have lapsed after

making it, petitioner is knocking a the doors of Writ Court.

2. Learned AGA Shri B.V. Krishna having

appeared for the respondents, opposes the writ petition

contending that the grant & stopping Grant-in-Aid is not a

child's play, several public interest factors figure in the

decision making and merely because a request is made,

the monetary grant cannot be abruptly stopped. So

contending, he agrees with the suggestion of this Court

that the answering respondents have to take a call on the

request made by the petitioner in accordance with law and

in a time bound way. This is fair enough.

In the above circumstances, this writ petition is

disposed off directing the first & second respondents to

consider petitioner's representations dated 25.03.2008 &

02.05.2008, respectively at Annexures B & B1 within a

period of eight weeks from the date a copy of the judgment

is handed to them and in accordance with law.

The answering respondent/s shall inform the

petitioner the result of such consideration forthwith failing

which, at the next level of litigation, heavy costs may be

imposed on the concerned.

Till such decision is made & communicated, the

interim protection granted by the Co-ordinate Bench of

this Court on 17.12.2021 shall continue subject to

outcome thereof.

Costs made easy.

Sd/-

JUDGE

Bsv