SATYANARAYANASWAMI EDUCATION SOCIETY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS Writ Appeal is presented against the order of the learned Single Judge dismissing the Writ Petition of the appellant against the order of the Deputy Director of Public Instructions, Chitradurga, by which the appellant was directed to close down the school started by it without securing the recognition from the Department.

(2.) THE facts of the case, in brief, are as follows; The appellant -society started anew private high school at Syagale in Davanagere taluk during the academic year 19.81 - 82 without securing the requisite permission/recognition under the Grant -in -Aid Code. This was brought to the notice of the Deputy Director of Public Instructions by the representation of the villagers dated 6 -12 -1981. Immediately thereafter the Deputy Director of Public Instructions visited the place and came to know that the appellant had started a high school without the sanction of the Government. In the circumstances, the Deputy Director of Public Instructions addressed a letter dated 23 -12 -1981 to the appellant, copy of which was produced as Annexure -E along with the Writ Petition, It reads.

(3.) WE are in entire agreement with the view expressed by the Learned Judge. The Grant -in -Aid Code issued by the State Government in exercise of its executive power under Article 162 of the Constitution of India, in the absence of legislation on the said topic, governs the grant of permission/ recognition to the starting of secondary schools. The Rules contained in the Grant -in -Aid Code prescribes the procedure to be followed in seeking permission/recognition for starting high -schools, the conditions to be fulfilled for starting a nigh -school, the last date before the concerned academic year before which an application has to be made, the procedure for processing the application and for the passing of the final order by the competent authority after satisfying itself that the institution fulfils all the conditions necessary for the starting of a high -school. Without following such a procedure, no person can start a secondary 'school and send the students who have studied in the said institution to the examination conducted by the Secondary Education Examination Board. In the present case, the appellant has started a high -school without any such permission. As pointed out by the Learned Single Judge, no order of the Minister granting permission to start the institution by way of an endorsement made on the representation of the appellant, was placed before the Court. Even assuming that as a matter of fact such an order of the Minister existed, it would be no permission/recognition in terms of the Grant -in -Aid Code and such an order does not confer the privilege of a recognised institution on an institution started only with such permission.