Association Of Indian Schools vs State Of Karnataka
2022 Latest Caselaw 5211 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 22ND DAY OF MARCH, 2022

                      BEFORE

        THE HON' BLE MR.JUSTICE R DEVDAS

        REVIEW PETITION NO.24 OF 2022
                     IN
        W.P.NO.4818 OF 2021 (EDN-RES)

BETWEEN

1.    ASSOCIATION OF INDIAN SCHOOLS
      AN ASSOCIATION OF PRIVATE
      UNAIDED SCHOOLS BEING A SOCIETY
      INTER ALIA REGISTERED UNDER
      THE SOCIETIES REGISTRATIN ACT 1880
      HAVING ITS ADDRESS AT CST,
      NO.104-E NEAR ASTER SOCIETY FIRE BRIGADE,
      OPP OBEROI MALL, DINDOSHI MALAD (E)
      MUMBAI - 400 097
      REPRESENTED BY ITS AUTHORIZED
      REPRESENTATIVE MR. VISPI J VESUNA

2.    MR VISPI J VESUNA
      S/O JEHANGIR VESUNA
      AGED 60 YEARS,
      AUTHORIZED REPRESENTATIVE AND
      CHAIRMAN OF PETITION NO.1
      HAVING REGISTERED OFFICE CST,
      NO. 104-E NEAR ASTER SOCIETY FIRE BRIGADE
      OPP OBEROI MALL, DINDOSH MALAD (E)
      MUMBAI - 400 097
                                 ... PETITIONERS
(BY SRI.MADHUSUDHAN R. NAIK, SENIOR COUNSEL
FOR SRI. KEMPEGOWDA,ADVOCATE)
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AND

1.    STATE OF KARNATAKA
      THROUGH ITS SECRETARY
      TO GOVERNMENT, VIDHAN SOUDHA
      BANGALORE - 560 001

2.    THE COMMISSIONER FOR PUBLIC INSTRUCTION
      OFFICE OF CPI, N T ROAD
      BENGALURU-560001.

3.    THE PRINCIPAL SECRETARY
      TO THE GOVERNMENT
      (PRIMARY AND SECONDARY EDUCATION)
      6TH FLOOR, M S BUILDING,
      BANGALORE - 560 001.

4.    UNDER SECRETARY
      TO THE GOVERNMENT
      PRIMARY AND SECONDARY EDUCATION (PRIMARY)
      2ND GATE, 6TH FLOOR, M S BUILDING
      DR AMBEDKAR VEEDHI
      BENGALURU - 560001

5.    THE DIRECTOR
      PRIMARY EDUCATION
      DEPARTMENT OF PUBLIC INSTRUCTIONS
      K R CIRCLE, BANGALORE - 560 001
                                      ...RESPONDENTS
      (BY SRI. DHYAN CHINNAPPA, AAG FOR
          SRI. PARAMESHWARAIAH D.C., HCGP
          FOR R1 TO R5)

     THIS REVIEW PETITION IS FILED UNDER ORDER 47
RULE 1 OF CPC, PRAYING THIS HONBLE COURT TO
REVIEW THE ORDER DATED 16.09.2021 PASSED BY THIS
HON'BLE   COURT    IN   W.P.NO.    4818/2021 AND
INCORPORATE THE FINDINGS/OBSERVATIONS RECORDED
IN PARAGRAPH NO.6 OF THE ORDER IN THE OPERATIVE
PORTION OF THE FINAL ORDER AND CONSEQUENTLY
QUASH THE IMPUGNED ORDER AT ANNEXURE-A AND ETC.
                             -3-


     THIS REVIEW PETITION IS COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

R.DEVDAS J., (ORAL):

The writ petitions filed by the petitioners were

heard and disposed of by a common order dated

16.09.2021. Having noticed the judgment of the

Hon'ble Supreme Court in the case of Indian School,

Jodhpur and Another Vs. State of Rajasthan and

others, (2021) SCC OnLine SC 359, and the learned

Additional Advocate General admitting that the decision

of the Hon'ble Supreme Court clearly applies to the facts

and circumstances of the present case, and the

impugned Government Order of the State Government

could not have been issued in the guise of invoking

powers conferred under the Disaster Management Act,

2005, or the State Education Act or invoking the

executive powers of the State under Article 162 of the

Constitution of India, this Court proceeded to pass

orders in the matter of collection of annual school fees

from the students as fixed under the Act, 1995 for the

academic year 2019-20, in terms of the directions

issued by the Hon'ble Supreme Court.

2. The instant Review Petition is filed by the writ

petitioners in W.P.No.4818/2021 mainly on the ground

that in the operative portion of the order, the impugned

Government Order has not been quashed expressly.

3. Learned Senior Counsel Sri. Madhusudhan R

Naik, appearing for the review petitioners would submit

that subsequent to the orders passed by this Court, the

State Government has issued one more Government

Order seeking to implement and clarify the orders

passed by this Court. Learned Senior Counsel submits

that when this Court had held that the State

Government did not have the authority to pass such an

order, the State Government could not have issued one

more order taking advantage of the fact that the

impugned Government was not expressly quashed by

this Court and therefore, this review petition is filed to

clarify and to address the omission.

4. Learned Additional Advocate General Sri.Dhyan

Chinnappa, appearing for the respondent-State submits

that it is disputable that consequent to the discussion

made in the order dated 16.09.2021 and the fact that he

had conceded that the decision of the Hon'ble Supreme

Court in the case of Indian School Jodhpur, squarely

applies to the facts and circumstances of this case, the

final order dated 16.09.2021 was passed and he would

not object to the submission of the learned Senior

Counsel to incorporate a specific order quashing the

impugned Government Order.

5. Consequently, this review petition stands

disposed of with a direction that in the operative

portion of the order dated 16.09.2021, there shall be a

specific order quashing the notification dated

29.01.2021, issued by the respondent-State

Government.

Ordered accordingly.

Sd/-

JUDGE DL