SHEKHAR INSTITUTE OF COMMERCE VINAYAKALAYOUT BANGALORE Vs. COMMISSIONER OF PUBLIC INSTRUCTION GOVERNMENT OF KARNATAKA BANGALORE

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India, challenging the order dated 28-11-1987 passed by the Commissioner, Public Instruction, Karnataka, rejecting the appeal filed by the petitioner from order dated 11/20-6-1987 passed by the Joint Director, Public Instruction, by which order, the Joint Director, Public Instruction had cancelled/withdrawn the permission dated 20-8-1986, for shifting of the School.

(2.) The facts of the case in brief are that the petitioner was granted permission to run the M/s. Shekhar Institute of Commerce at No. 4 (old) 4-A (new), 2nd Cross, 1st lane, Kempapura Agrahara, Magadi Road, Corporation Division 32, Bangalore-23. Thereafter on 17-2-1984, the petitioner moved an application for permission to shift that Institute to the building No. 37, "Sreesadana", Vinayaka Layout, Bangalore-79. According to the petitioner, by order dated 20-8-1986, the Joint Director of Public Instruction, Bangalore, granted the permission for shifting of the Institution as prayed in application dated 17-2-1984. Later on, by order dated 11/20-6-1987 the second respondent cancelled that permission vide order Annexure-B. The petitioner preferred the appeal without mentioning any provision of law from the order of the Joint Director dated 11/20-6-1987. But that appeal has been dismissed by the Commissioner, vide the order Annexure-C to the writ petition. The petitioner thereafter filed a review application, but review application had also been dismissed. Now the petitioner has come up before this Court under Article 226 of the Constitution of India, praying for the grant of writ of certiorari quashing the order contained in Annexures-B and C to the writ petition, dated 11/20-6-1987 and 28-11-1987 respectively.

(3.) No counter affidavit has been filed to this writ petition. The petition is itself of 1988. On behalf of the opposite parties, appearance has been made by the Government Pleader, Smt. L.Y. Premavathi. She no doubt prayed that she may be given time to file counter affidavit and pointed out that the statement of objections drafted had been sent for approval. As the petition itself is of 1988, and the counter has not been filed so far, I thought it is no ground to adjourn the case and give further time.