GOUTHAMA BUDDHA EDUCATION SOCIETY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Aggrieved by the order dated 20/08/2007 bearing GO No.ED.157.SEW.2006 (Annexure-G to the writ petition), wherein the respondents have refused to consider the petitioner institution for grant-in-aid, the petitioner has preferred this writ petition.

(2.) By order dated 07.05.2003, the petitioner institution was admitted to grant-in-aid by the respondents. However, by order dated 28/07/2003, the said order of grant-in-aid was sought to be withdrawn. Challenging the same, the petitioner preferred Writ Petition No.13473/2005. The said writ petition was disposed of with a direction to the petitioner institution to furnish particulars to the respondents as required by them along with their objections and the first respondent was directed to consider the same in accordance with law. The respondents passed an order dated 20.01.2006, withdrawing the order of admitting the petitioner institution for grant-in-aid. That was again challenged by way of writ petition No.2717/2006. As the representation of the petitioner was not considered properly, the said writ petition was allowed and the respondents were directed to consider the case of the petitioner in accordance with law. Thereafter, the respondents have passed the impugned order vide Annexure-G to the writ petition, wherein they have refused to admit the petitioner institution for grant- in-aid on the ground that there is no proper infrastructure, no sufficient number of students and that the school is not being conducted regularly. The petitioners have filed the present writ petition challenging the said order.

(3.) It is the contention of the learned counsel for the petitioner that the impugned order is bad in law, because the petitioner institution have the necessary infrastructure, sufficient number of students and that the school is being run regularly.