Karnataka High Court
Sandeepani Educational Trust vs The State Of Karnataka on 4 January, 2023
Bench: Alok Aradhe, S Vishwajith Shetty
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WA No. 1258 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
WRIT APPEAL NO. 1258 OF 2022 (EDN-RES)
BETWEEN:
SRI. RAMAPPA MEMORIAL EDUCATIONAL TRUST
OFFICE AT TALIKATTE
HOLALKERE TALUK
CHITRADURGA DISTRICT
REPRESENTED BY ITS
Digitally CHAIRMAN/TRUSTEE
signed by B A
KRISHNA SRI LOKESHWARAPPA @
KUMAR
Location: LOKESH THALIKATTE
High Court of
Karnataka S/O SIDDAPPA
AGED ABOUT 49 YEARS
R/AT NO.40, NAGADEVANAHALLI
JNANABHARATHI POST
BENGLAURU - 560 056.
...APPELLANT
(BY SRI KASHINATH J.D., ADV.)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF SCHOOL
EDUCATION AND LITERACY
M.S. BUILDING, DR. B.R. AMBEDKAR
VEEDHI, BENGALURU - 560 001
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE COMMISSIONER
DEPARTMENT OF PUBLIC INSTRUCTIONS
NRUPATHUNGA ROAD
BENGALURU - 560 001.
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WA No. 1258 of 2022
3. CENTRAL BOARD OF SECONDARY
EDUCATION, REGIONAL OFFICE
GNANA BHARATHI MAIN ROAD
CHANDRA LAYOUT EXTENSION II STAGE
NAGARABHAVI, BENGLAURU - 560 072
REPRESENTED BY ITS REGIONAL OFFICER.
4. THE DEPUTY DIRECTOR
DEPARTMENT OF PUBLIC INSTRUCTIONS
CHITRADURGA DISTRICT
CHITRADURGA - 515 281.
5. THE BLOCK EDUCATION OFFICER
DEPARTMENT OF PUBLIC
INSTRUCTIONS, HOLALKERE TALUK
CHITRADURGA DISTRICT - 577 526.
...RESPONDENTS
(BY SRI B. RAJENDRA PRASAD, HCGP FOR
R-1, R-2, R-4 & R-5;
SRI M.R. SHAILENDRA, ADV., FOR R-3)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 29.10.2022
PASSED IN WP No-19805/2022 PASSED BY THE LEARNED SINGLE
JUDGE CONSEQUENTLY ALLOW THE WP No-19805/2022 FILED BY
THE APPELLANT TO MEET THE ENDS OF JUSTICE.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, ALOK
ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
This intra court appeal has been filed against an order
dated 29.10.2022 passed by the learned Single Judge by which,
writ petition preferred by the appellant has been disposed of.
WA No. 1258 of 2022
2. Facts giving rise to filing of this appeal briefly state
are that, the appellant is running a educational institution which
is governed by the Central Board of Secondary Education.
However, the Secretary to Government of Karnataka issued
show-cause notice dated 08.09.2022 and 17.09.2022 to the
appellant. The aforesaid show-cause notices were assailed by
the appellant in a writ petition. The learned Single Judge has
disposed of the writ petition with liberty to the petitioner to file
a reply to the aforesaid show-cause notices and has further
directed that the interim order granted on 29.09.2022 shall
continue.
3. We have heard the learned counsel for the parties
and also perused the records.
4. The appellant has not yet filed reply to the
aforesaid show-cause notices. Therefore, in the facts and
circumstances of the case, we deem it appropriate to grant the
appellant further period of two weeks from the date of receipt
of certified copy of this order to enable it to file reply to the
show-cause notices dated 08.09.2022 and 17.09.2022.
WA No. 1258 of 2022
5. It is needless to state that in case reply is filed by
the appellant to the aforesaid show-cause notices, the same
shall be adjudicated in accordance with law. In case any
decision is taken against the appellant, the same shall not be
given effect for a further period of four weeks to enable the
appellant to take recourse to such remedy as may be available
to him in accordance with law.
To the aforesaid extent, the order dated 29.10.2022
passed by the learned Single Judge is modified. Accordingly,
the appeal is disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
NMS
