JAGALUR NAYAKARA SANGHA Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) If pursuit of knowledge and eradication of mass illiteracy is the motto of establishing a school in a developing nation, like ours, this petition must fail.

(2.) Petitioner is a registered society formed by members of scheduled tribe, called 'Nayaka'. After persuasion and concerted efforts, which included filing of W.P. 17969 of 1980 it succeeded in securing a permission to start a High School in Hiremallanahole ; this is evidenced by Government Order dated 31-7-1984 (Annexure-D). It appears Government had decided to establish a Government High School in the same place, Hiremallanahole. However, on 2-8-1984, the authorities revoked their decision and accordingly Annexure 'E' was issued on that date. Consequential orders were issued as per Annexures 'F' and 'G'. It appears notwithstanding the decision of cancellation, the authorities had started the High School section and students were admitted. Therefore by Annexure 'G', instructions were issued to close down these classes and got these students admitted to Government schools in the neighbouring areas. By Annexure 'H', the officers were directed to give compliance report. Thereafter on 22-1-1986, on a telegraphic communication dated 20-1-1986, and phone message, orders were issued to re-start the Government High School. This order is the subject-matter of attack, in this petition.

(3.) As on to-day, both the schools are running. The petitioner's grievance, as explained by him, is as follows :