Karnataka High Court
Mathrushree Manovikasa Kendra (R) vs State Of Karnataka on 28 June, 2024
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NC: 2024:KHC:24062-DB
WA No. 422 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT APPEAL No. 422 OF 2024 (S-RES)
BETWEEN:
MATHRUSHREE MANOVIKASA KENDRA (R),
SPECIAL RESIDENTIAL SCHOOL FOR
MENTALLY CHALLENGED CHILDREN,
No.2/13, II CROSS, KUMARA PARK WEST,
BANGALORE 560 020.
REPRESENTED BY ITS CHAIRMAN.
...APPELLANT
(BY SRI.KARTHIK G. BILLAVA ADV. FOR
SRI. MOHANKUMARA D., ADVOCATE)
Digitally signed AND:
by VALLI
MARIMUTHU
Location: High 1. STATE OF KARNATAKA,
Court of DEPARTMENT FOR EMPOWERMENT OF PERSONS
Karnataka WITH DISABILITIES AND SENIOR CITIZENS,
VISHWESHWARAIAH MINI TOWER,
DR.B.R. AMBEDKAR VEEDHI,
BENGALURU 560 001.
2. DIRECTOR DEPARTMENT OF EMPOWERMENT
PERSONS WITH DISABILITIES AND
SENIOR CITIZENS,
VISHVESHWARIAH MINI TOWER,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU 560 001.
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WA No. 422 of 2024
3. B. GOPALAPPA,
S/O BATHYAPPA,
AGED ABOUT 44 YEARS,
RESIDING AT KURUBARAPET,
THERUBEEDHI,
NEAR GOVERNMENT HIGHER PRIMARY SCHOOL,
HOSAKOTE TOWN,
BENGALURU RURAL DISTRICT 562 114.
...RESPONDENTS
(BY SMT.NILOUFER AKBAR, AGA FOR R1 AND R2
SRI. S.V. GIRIKUMAR, ADVOCATE FOR R3)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED LEARNED SINGLE JUDGE DATED 05.02.2024
IN WP No. 27029/2023 (S-RES) MAY PLEASE BE ALLOWED IN
THE INTEREST OF JUSTICE.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING, THIS DAY CHIEF JUSTICE DELIVERED THE
FOLLOWING:
JUDGMENT
Heard learned advocate Mr. Karthik G. Billava for
learned advocate Mr.D. Mohankumara for the appellant.
2. The challenge in this appeal is directed against the judgment
and order dated 05.02.2024 of learned Single Judge whereby,
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while allowing the petition of the original petitioner, the following
directions were issued against the appellant-School,
"(i) The writ petition is allowed.
(ii) Respondent No.3 is hereby directed to consider
the representation dated 28.07.2023 bearing in mind
the directions issued by this Court as well as
respondent No.2-Director as per Annexure-T3 within a
period of six weeks from the date of receipt of certified
copy of this order.
(iii) Respondent No.3-Management, which is solely
responsible for inaction shall pay cost of Rs.25,000/- to
the petitioner within a period of two weeks from the
date receipt of certified copy of this order."
3. In the totality of the facts and circumstances, the Court is of
the view that imposition of costs of Rs.25,000/- is not justifiable.
Therefore, that part of the order whereby costs is imposed on
respondent No.3-Management to the extent of Rs.25,000/- is set
aside.
4. The representation shall be decided by the School
Management on its own merits and appropriate decision, at the
discretion of the Management shall be taken, in accordance with
law.
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5. In view of the above, the appeal is allowed in-part.
In view of disposal of the appeal, pending interlocutory
application would not survive and stand disposed of accordingly.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
MV
