Karnataka High Court
Nahru Smaraka Vidya Kendra High ... vs The State Of Karnataka on 9 January, 2023
Bench: Alok Aradhe, S Vishwajith Shetty
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WA No.1834 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
WRIT APPEAL NO.1834 OF 2019 (EDN-GIA)
BETWEEN:
1. NAHRU SMARAKA VIDYA
KENDRA HIGH SCHOOL
KARIKERE
CHALLAKERE TALUK-577 522
CHITRADURGA DISTRICT.
REPTD. BY ITS ADMINISTRATOR
Digitally signed SMT. T. MANJULA
by RUPA V
W/O. SRI. N. MAHALINGAPPA
Location: High
Court of AGED ABOUT 38 YEARS.
Karnataka
2. SRI. G. MANJUNATHA
S/O. SRI. GOVINDAPPA, (EEDIGARU)
AGED ABOUT 37 YEARS
WORKING AS TEACHER (KANNADA)
NSVK HIGH SCHOOL, KARIKERE
CHALLAKERE TALUK-577 522
CHITRADURGA DISTRICT.
RESIDENT OF
RANGAVANAHALLI, KARIKERE POST
CHALLAKERE TALUK-577 522
CHITRADURGA DISTRICT.
3. SMT. C.R. KALAVATHI
W/O SRI. K. P. THIPPESWAMY
AGED ABOUT 44 YEARS
WORKING AS TEACHER (SOCIAL SCIENCE)
NSVK HIGH SCHOOL, KARIKERE
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WA No.1834 of 2019
CHALLAKERE TALUK-577 522
CHITRADURGA DISTRICT.
RESIDENT OF:
ANNAPURNA APARTMENTS
NEAR BAPUJI COLLEGE
CHALLAKERE TALUK-577 522
CHITRADURGA DISTRICT.
4. SRI. SHIVAKUMAR .C
S/O SRI. CHIKKANNA
AGED ABOUT 36 YEARS
WORKING AS TEACHER (HINDI)
NSVK HIGH SCHOOL, KARIKERE
CHALLAKERE TALUK-577 522
CHITRADURGA DISTRICT.
RESIDENT OF:
OBAYYANAHATTI, GOLLARAHATTI
MALLORAHALLI POST
CHALLAKERE TALUK-577 522
CHITRADURGA DISTRICT.
...APPELLANTS
(BY SRI. SATEESH N. KOTTALAGI, ADV., FOR
SRI. M.P. SRIKANTH, ADV., FOR APPELLANTS NO.2 TO 4
V/O DTD:09.11.2022 APPEAL IS DISMISSED QUA
AGAINST APPELLANT NO.1)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT
PRIMARY AND SECONDARY EDUCATION
M.S. BUILDING, DR. AMBEDKAR VEEDHI
BANGALORE-560 001.
2. THE COMMISSIONER OF
PUBLIC INSTRUCTIONS
PRIMARY AND SECONDARY EDUCATION
NEW PUBLIC OFFICES
NRUPATHUNGA ROAD
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WA No.1834 of 2019
K.R. CIRCLE,
BANGALORE-560001.
3. THE DIRECTOR OF PUBLIC INSTRUCTIONS
SECONDARY EDUCATION
NEW PUBLIC OFFICES
NRUPATHUNGA ROAD
K.R. CIRCLE,
BANGALORE-560001.
4. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS
CHITRADURGA DISTRICT
CHITRADURGA-577501.
5. THE BLOCK EDUCATION OFFICER
CHALLAKERE TALUK-577 522
CHITRADURGA DISTRICT.
6. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
BANGALORE NORTH DISTRICT
K.G. ROAD,
BANGALORE-560 002.
7. THE BLOCK EDUCATION OFFICER
DEPARTMENT OF PUBLIC INSTRUCTIONS
NORTH RANGE-1
RAJAJINAGAR, II BLOCK
BANGALORE-560 010.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1, 2, 3, 6 & 7)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE
LEARNED SINGLE JUDGE DATED 25.04.2017 PASSED ON
W.P.NO.55648/2016 AND W.P.NOS.58926-304/2016 (EDN-GIA).
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WA No.1834 of 2019
QUASH THE ENDORSEMENT DATED 23.11.2018 (WRONGLY
TYPED AS 23.11.2016) BEARING NO. C8 (4)
sha.shi.a;kha;hu;bha;anu/116/2015-16 OF THE 2ND
RESPONDENT & ETC.,
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 25.04.2017 passed by the learned Single
Judge by which the writ petition preferred by one
Rajeshwari Vidya Samsthe and its employees
challenging the validity of Rule 4(4) and Rule 5(5) of
Karnataka Educational Institutions (Change in
Governing Council or Change in the Location of Private
Educational Institutions) Rules, 2006 (hereinafter
referred to as 'the Rules') as well as Circular 20.10.2010
has been dismissed.
WA No.1834 of 2019
2. Facts giving rise to filing of this appeal briefly
stated are that Rajeshwari Vidya Samsthe as well as its
employees has assailed the validity of Rule 4(4) and
Rule 5(5) of the Rules inter alia on the ground that the
provisions is ultra vires as it suffers from vice of
excessive delegation. The learned Single Judge has held
that the objection of framing the Rules is to prevent and
discourage such institutions from seeking change of
location for commercial interests or in order to somehow
continue to exist even though they are not in a position
to comply with the Regulations and Rules framed with
regard to infrastructure and other resources. The
learned Single Judge, by placing reliance on a decision
of this Court in BHARATHAMBE VIDYA SAMSTHE
(REGD.) AND ANOTHER Vs. STATE OF KARNATAKA1
has upheld the validity of the Rules. The learned Single
Judge has further held that the Circular dated
ILR 2008 KAR 4406
WA No.1834 of 2019
20.10.2010 withdrawing the power conferred on the
Commissioner for Public Instructions of respective
jurisdictions of primary and secondary education and to
authorize the State Government to approve the change
of locations or change of Governing Council with the
State Government, has rightly been issued.
3. As stated supra, the appellants are not parties.
Appellant No.1 namely Management has withdrawn the
writ appeal. Learned counsel for the appellant No.1
submits that appellant Nos.2 to 4 are already dismissed
from service and they are no longer employees of the
Institution. Even otherwise, learned counsel for the
appellant Nos.2 to 4 has not been able to demonstrate
as to how the aforesaid Rules suffer from any infirmity
warranting interference of this Court in exercise of intra
Court appeal.
WA No.1834 of 2019
4. The appellant Nos.2 to 4 have no locus to
challenge the circular dated 20.10.2010 which is even
otherwise issued in conformity with the Rules.
For the aforementioned reasons, we do not find
any merit in the appeal. The same fails and is hereby
dismissed.
Consequently, pending interlocutory applications
Sd/-
JUDGE
Sd/-
JUDGE
RV
