SRIKANTESHWARA VIDYA SAMISTE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution of India for issuance of a writ of certiorari or any other writ or direction, quashing or setting aside the order bearing No. ED/SECY/T-166/92 dated 25-8-1992 as well as for issuance of writ of mandamus or any other writ or direction, in the nature of writ of mandamus directing the respondents not to interfere with the smooth running of the institution by the petitioner under order Annexure-B dated 30-1-1992.

(2.) The case of the petitioner is that, the petitioner-institution is run by a Trust for the purpose of promoting education to the girls upto secondary classes in Kannada Medium. According to petitioner's case, petitioner applied for the sanction of Girls High School in Kannada Medium in rural region and exclusively meant for girls. This application was made in the year 1991 and the second respondent by its resolution dated 29-5-1991 and 25-6-1991 sanctioned the Girls School to be run by the petitioner's Society the petitioner on the basis of the order of sanction issued by respondent No. 2 started Girls High School and admitted the students. Petitioner's further case is that, the State Government granted its approval to the order dated 29-5-1991 passed by second respondent, vide State Government's order bearing No. ED;646:SES:92, dated 30-7-1992 copy of which the petitioner annexed at Annexure-B. According to petitioner, petitioner thus continued to run the school from 1991 and admitted the students. The petitioner's contention is that, the main object of the petitioner-institution is to provide better educational facilities to rural students particularly to female students the girls and with this object in view, petitioner made investment of huge sums for the improvement and development of the institution. The petitioner has further alleged that when the school was running and going on he all of a sudden received an order dated 25-8-1992 from first respondent staying the operation of the order dated 30-7-1992. Having felt aggrieved from the impugned order i.e. 25-8-1992 Annex. C to the writ petition, the petitioner filed this present petition under Art. 226 of the Constitution of India on the ground that the order impugned is illegal, null and void as it is without jurisdiction and secondly on the ground that this order has been passed without giving any opportunity of having the say in the matter.

(3.) Appearance have been put by Sri A.V. Srinivasa Reddy, learned Addl. Government Advocate on behalf of the opposite parties. As regards the facts of the case are concerned, they appear to have been admitted ones and no counter-affidavit of statement of objections has been filed by the respondents controverting, their allegations made in the writ petition. So, those allegations have been taken as uncontraverted ones.