B H DORESWAMY Vs. SECRETARY

JUDGEMENT

(1.) IN this writ petition, petitioner is calling in question the endorsement dated 26.11.2012 issued by the Block Education Officer, Holenarasipura, vide Annexure-W, thereby informing the petitioner that the application submitted by them for establishing Primary School in Kannada Medium from 1st to 5th Standard for the academic year 2013-14 at Hariharapura Village, Halekote Hobli, in Holenarasipura Taluk, has been rejected.

(2.) A perusal of the impugned endorsement discloses that the application is rejected on the ground that there is already in existence a Government Primary School within a radius of 50 meters from the place where the proposed School is intended to be constructed.

(3.) UPON hearing the learned counsel for the petitioner and the learned Additional Government Advocate, I find that whether the proposed school sought to be established is within the radius of 50 meters from the existing Government Primary School is a matter that cannot be unilaterally decided by the respondent - authorities. Nothing is referred in the impugned endorsement regarding the requirement of law prescribing the actual distance that has to be maintained between the existing school and the one that is proposed to be established. Therefore, the contention of the learned counsel for the petitioner that if only an opportunity had been given to the petitioner, the petitioner would have satisfied the authorities that the request made for establishing a school by the petitioner conformed to the requirements of law.