Karnataka High Court
Organisation For Unaided ... vs Union Of India on 6 March, 2023
Bench: Chief Justice, Ashok S.Kinagi
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WA No. 255 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR. PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE ASHOK S.KINAGI
WRIT APPEAL NO. 255 OF 2023 (EDN-RES)
BETWEEN:
ORGANISATION FOR UNAIDED RECOGNISED
SCHOOLS ®
A SOCIETY REGISTERED UNDER THE
KARNATAKA SOCIETIES REGISTRATION
ACT, 1960
SPOORTHI VIDYANIKETAN SCHOOL
NO. 10, RAJAGOPALREDDY EXTENSION
CIL LAYOUT MAIN ROAD
CHOLANAYAKANAHALLI (HEBBALA)
R.T.NAGAR POST, VISHWANATHA
NAGENAHALLI-560032.
REPRESENTED BY ITS SECRETARY
SHRI N PRABHAKAR URS
Digitally signed
by K P ...APPELLANT
SWETHA
Location: HIGH (BY SRI K.N.PHANEENDRA, SENIOR ADVOCATE FOR
COURT OF BY SRI S.SUDHARSAN, ADVOCATE)
KARNATAKA
AND:
1. UNION OF INDIA
REPRESENTED BY ITS
SECRETARY, MINISTRY OF
EDUCATION,SHASTRI BHAVAN,
DR. RAJENDRA PRASAD ROAD,
NEW DELHI-110001.
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WA No. 255 of 2023
2. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY,
DEPARTMENT OF
SCHOOL EDUCATION AND
LITERACY, M.S. BUILDING,
DR.AMBEDKAR VEEDHI,
BENGALURU-560001.
3. COMMISSIONER OF PUBLIC INSTRUCTION
DEPARTMENT OF SCHOOL
EDUCATION AND LITERACY,
GOVERNMENT OF KARNATAKA
NRUPATHUNGA ROAD,
BENGALURU-560001.
4. DEPARTMENT OF STATE EDUCATIONAL
RESEARCH AND TRAINING
REPRESENTED BY ITS DIRECTOR
#4, 100 FEET RING ROAD,
BANASHANKARI, 3RD STAGE,
BENGALURU-560085.
5. KARNATAKA SCHOOL EXAMINATION AND
ASSESSMENT BOARD
REPRESENTED BY ITS
CHAIRPERSON, 6TH CROSS ROAD,
MALLESHWARAM,
BENGALURU-560003.
...RESPONDENTS
(BY SRI DHYAN CHINNAPPA, AAG A/W SRI MALLANAGOUDA H,
AGA FOR C/R2-R5;
SRI SHANTHI BHUSHAN, DSG FOR R1)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, 1961 PRAYING TO ALLOW THE WRIT APPEAL
AND SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE
DATED 23.02.2023 IN WP No.1699/2023 (EDN-RES) AND ETC.
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WA No. 255 of 2023
THIS APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
1. This writ appeal is filed challenging the order dated
23.02.2023 passed in W.P.No.1699/2023 whereby, the learned
Single Judge was not inclined to grant interim order in favour of
the appellant.
2. It is an admitted position that W.P.No.1699/2023 is
pending consideration before the learned Single Judge and the
respective respondents have filed their statement of objections.
3. Considering these facts, we are of the opinion that
if the appeal is taken up for hearing, there would be some
observation on the merits of the case. To avoid such a situation
and to permit the parties to advance their submissions on
merits of the case, we deem it appropriate to request the
learned Single Judge to hear the writ petition on merits as
expeditiously as possible considering the fact that the issue
involved in the writ petition is in respect of examinations for
fifth and eighth standards which are scheduled to be held on
13.03.2023.
WA No. 255 of 2023
4. Accordingly, the Registry is directed to list
W.P.No.1699/2023 before the learned Single Judge tomorrow
(07.03.2023) itself. The learned Single Judge is requested to
hear the writ petition on merits and decide the same on or
before 10.03.2023. Needless to say that the parties shall
extend necessary co-operation for expeditious hearing and
disposal of the writ petition.
5. With these directions, the writ appeal is disposed of.
6. In view of the disposal of the appeal, the pending
interlocutory application does not survive for consideration and
is accordingly disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
KPS
