STATE OF KARNATAKA Vs. MOULANA HUSSAIN AHMED

JUDGEMENT

(1.) This appeal has been filed by the State against the order passed by the learned Single Judge on 20th March 2017 in Writ Petition No.102026/2017 and connected cases, Moulana Hussain Ahmed Madani Educational and Welfare Trust Vs. State of Karnataka and others.

(2.) The challenge in the present case was to the impugned order passed by the respondent-State by the Deputy Director of Public Instructions, Dharwad on 09th January 2017 directing the closure of the respondent-School on the ground that the permission/approval was given to the said School to commence new School in Danish English Medium Primary School, Madani Colony, Gokul Road, Hubli, in the year 2014- 15 on the condition that they would comply with the conditions as laid down in the Government Order No.ED-369-PGC-2015, Bengaluru dated 11th November 2014, as subsequently amended regarding making provisions for sports, etc., by having an open land annexed to the said School premises of one Acre to provide the facilities for the students for playing and other extra-curricular activities and since the respondent-School failed to comply with the said condition within the stipulated period of one year as given at the time of approval itself, the said permission / approval was withdrawn by the impugned notice / order Annexure 'K' dated 09th January 2017.

(3.) The petitioner / respondent herein approached the Court by way of aforesaid Writ Petition and the learned Single Judge disposed of the Writ Petition by allowing a further period of one year to the respondent-School for providing necessary infrastructure in terms of the aforesaid Government Order dated 11th November 2014. The reasons assigned by the learned Single Judge in the impugned order for the aforesaid direction is quoted below for ready reference: