D R SADASHIVA MURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By this petition, petitioners have prayed for the issuance of writ or order or direction in the nature of writ of certiorari quashing the order passed by the first respondent i.e., the State of Karnataka, represented by the Secretary of Education Department in No. BRA.E.S. 90, dated 3-8-1991, Annexure-H to the writ petition and for grant such other reliefs as the Court deems fit.

(2.) By Annexure-H, the first respondent i.e., the Secretary of Education Department in the State of Karnataka sanctioned the opening of the High School at Neralege as per the Government Order No. 334 BR.E.S. 90, dated 3-8-1991. The petitioners' grievance is that there is a High School which is being run by the petitioner 17 since 1984 at Neralege, S. Kallahalli, Chikkajji Kattehalli, Sankehalli and S. Diggenahalli. The petitioners' grievance is that the other i.e. new school that has been permitted to be started is within a radius of less than 5 kms. i.e the distance between the petitioner's school and the present school in question which has been sanctioned to be run at Neralege is only 2 kms. The petitioners' contention is that the sanction which has been granted forerunning of the secondary school to the respondent is and appears to be in violation of the directions issued by the Government as per Annexure-K to the writ petition. The petitioners in the writ petition have not very clearly stated what injury they are going to suffer or are suffering from the emergence of another High School sanctioned by the Government under Annexure-H. There is only a vague allegation that the petitioners' may suffer great hardship or difficulty by the sanctioning of this school in dispute to the respondents by respondent 1. The hardships and difficulties have not been indicated. The petitioners in the writ petition claimed to be the residents of village Diggenahalli and other surrounding villages except petitioners 16 and 17 which are said to be running this school. I mean to say, petitioners 16 and 17 are running the school and other petitioners are only agriculturists and residents of the village. No counter has been filed on behalf of the opposite parties till today, neither by the State of Karnataka represented through Secretary of Education Department nor by the respondents 2 and 3 i.e., Zilla Parishat concerned nor by the Deputy Director of Public Instruction.

(3.) The petition is of 1991. It has to be decided on the basis of the allegations made in the writ petition. I have heard the learned Counsel for the petitioner Sri Sanaulla, holding brief for Sri J. Lingappa, learned Counsel for the petitioners and learned. Government Counsel, Smt. L.Y. Premavathi. Sri Sanaulla, learned Counsel for the petitioners, argued before me that as per Annexure-K to the writ petition, it is clear that no High School shall be opened or shall be allowed within a radius of 5 kms. in the rural area from the one existing in that village. He invited my attention to the Item I with heading "opening of Government High Schools" read with Item II with heading "opening of Private High School". He also invited my attention to Annexnre-K" and to the governing principles laid down under the heading "opening of Government High Schools", particularly clause (a) and submitted that it has been provided that there shall not be any High School within a radius of 5 kms. in the rural area. The learned Counsel for the petitioners argued that the Government should not have opened or started or permitted opening of Government High School within a radius of 5 kms. I specifically put the question to the learned Counsel for the petitioner what is the force of this Government order, is it is a mere guiding principle or it acts with force as a rule or it is a policy decision. I further put the question to him how he can and does base on it for his right to file this petition. The learned Counsel failed to reply. The learned Counsel was also called upon to explain how the villagers are going to suffer if there are two High Schools in the rural area. If the Government High School is permitted to be started, then because of the competition the private school will also improve its standard, in its competition, to give better education to the students by engaging well and more qualified teachers. If that is so how the villagers are going to be affected adversely. What injury or loss the villagers or the children going to suffer in the matter of education being imparted by private school particularly when private school's management will have to be careful in providing teaching by best qualified persons or better qualified one. The petitioners failed to give satisfactory reply.