PARIMALA EDUCATION SOCIETY, RPC LAYOUT (NOW HAMPI NAGARA), VIJAYANAGAR, BANGALORE Vs. STATE OF KARNATAKA AND ANOTHER

JUDGEMENT

(1.) Petitioner is a society registered under the Karnataka Societies Registration Act, 1960 and in the year 1982 permission was granted by respondents-authorities for establishing an educational institution as per Annexure-B. Subsequently, on 30-9-2005 recognition came to be granted as per Annexure-C. Petitioner-institution is said to be running nursery, primary and high school at the address indicated in the cause title of the writ petition. On introduction of Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the RTE Act ), petitioner has admitted 274 students as on today, earmarked under the said enactment. On recommendation made by Block Education Officer, pursuant to his visit on 30-5-2015 and on his recommendation that additional class rooms are required, petitioner is said to have submitted a representation to the Education Minister for allotment of a civic amenity site vide Annexure-E and also sought permission thereunder to conduct classes in the adjacent building bearing No. 1619 (New No. 36), 6th Main, 4th Cross, Hampinagar (RPC Layout), Vijayanagara, II Stage, Bengaluru-560104, which was ordered on 1-6-2016 as per Annexure-F.

(2.) Pursuant to same, petitioner has obtained a premises on lease on monthly rent of Rs. 3,00,000-00 and is said to have paid an advance of Rs. 50,00,000-00 as per Annexure-G. In the light of aforesaid facts, 2nd respondent granted permission to petitioner to run additional classes in the newly obtained premises, which is adjacent to the existing building on a temporary basis as per order/permission dated 6-6-2016 (Annexure-H). Based on such permission being accorded, petitioner is said to have commenced classes in the new building from 6th June, 2016.

(3.) On account of complaint said to have made by the residents of the locality, 2nd respondent by order dated 9-6-2016 (Annexure-M) has cancelled the permission granted to the petitioner on 6-6-2016, which is impugned in the present writ petition.