MASTER BRIJESH SHEKAR R Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner herein is a minor student, who is aggrieved by letter dated 11-10-2017 (Annexure-D) issued to his parents as a result of which his name on the roles of School has been terminated with effect from 1-10-2017.

(2.) Learned Additional Government Advocate appearing for respondents - Authorities on advance notice submits that petitioner's parents could ventilate his grievance before the statutory authority, i.e. District Level Education Regulating Authority constituted under Rule 16 of the Karnataka Educational Institutions (Classification, Regulation and Prescription of Curricula etc.) Rules, 1995, (hereinafter referred to as 'Rules' for the sake of brevity) and she further submits in view of the availability of an alternative remedy under Rules 15 and 17 thereof, this Court may not exercise discretion under Article 226 of the Constitution of India.

(3.) Having perused the Rules, it is noted that under Rule 15 parents aggrieved by violation of any provision of the Rules with respect to collection of fees may file a petition in writing to the District Level Education Regulating Authority constituted under Rule 16 of the said Rules. Further, any educational institution or parent aggrieved by the decision of the Regulating Authority may file an appeal before the Commissioner for Public Instructions, who shall act as the Appellate Authority. The decision of the Appellate Authority is final and binding.