RAJA RAJESWARI VIDYA PEETHA, GOWARAMMA BEEDI, DAVANGERE Vs. SECRETARY II, GOVT. OF KARNATAKA, BANGALORE AND OTHERS

JUDGEMENT

(1.) The petitioner-Society is before this Court for issue of writ of certiorari quashing the orders dated 21.10.2014 bearing No. ED 268 PMC/2014 passed by respondent No.1 vide Annexure-F, 17.11.2014 bearing No.C7(4) Pra.She.A/Ma.Radhu 01/2013-14 issued by respondent No.2 Annexure-G and 26.11.2014 bearing No.Le.Sha.6/Kha.Pra.Sha/duru/2013-14 passed by respondent No.3 vide Annexure-H and to direct the respondents to continue the recognition to the Higher Primary School administered by the petitioner-Management called 'Sri Raja Rajeswari Higher Primary School, Channagiri' in future.

(2.) It is the case of the petitioner that it is a Society registered under the provisions of the Karnataka Societies Registration Act, 1960 with an object of imparting education in the rural area of Shimoga District earlier now Davangere District under registration dated 19.7.1988 and the petitioner-Society has obtained the permission from the Department to commence the Kannada Medium Higher Primary School after providing basic infrastructure facilities needed to establish the primary school at Channagiri for the academic year 1989-90 and the petitioner-Society is running the Kannada Medium School in the name called 'Sri Raja Rajeswari Higher Primary School, Channagiri' for the academic year 1989-90 and has obtained necessary periodical recognition from 1989 till 6.12.2014 as required under the provisions of Sec. 38 of the Karnataka Education Act, 1983.

(3.) While recommending recognition periodically, the respondents have assessed the suitability, eligibility, academic excellence and the infrastructure provided by the Management to run the Higher Primary School. It is the further case of the petitioner-Society that after having noticed the eligible staff required to impart the education have appointed the teaching and non-teaching staff in the Higher Primary School and after following the procedure as contemplated under the provisions of the Karnataka Educational Institutions (Recruitment and Terms and Conditions of Employees in Private Aided Primary and Secondary Educational Institutions) Rules, 1999, has proceeded to approve the appointment of four Assistant Teachers. Thereafter, 1st responding on 11.11.2008 noticing the infrastructure provided by the Management to run Kannada Medium Higher Primary School has proceeded to admit the primary school for salary aid, a copy of which is marked as Annexure-C. The petitioner-Society has purchased an extent of 0.30 3A guntas of converted land situated at Chennagiri for the purpose of establishment of School Building, Staff Room, Laboratory, Playground, etc., under the registered sale deed dated 13.3.1998 executed by Sri. G.R. Gopal and family members in favour of the President of the Society, a copy of which is marked as Annexure-D.