SEVALAL BANAJARA Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner has challenged the order passed by the 2nd respondent dated 16-6-2015 vide Annexure-F to the writ petition beside seeking a writ of mandamus directing the respondents to renew the recognition of the school from the year 2010 to till date etc.

(2.) It is contended that the petitioner Society has been registered as per the Societies Registration Act, started with an intention to impart education to the socially and economically backward students. It is the contention of the petitioner that the society as per the permission from the respondents is running a high school by name, Sri Guleda Lakshmidevi Rural High School at Hulikatte Village, Harapanahalli Taluk, Davanagere District; the respondent granted permission to run the school from the year 1991-92 and periodically renewed the same. It transpires that the 2nd respondent had issued a show-cause notice to the petitioner for withdrawal of the recognition as the minimum strength prescribed under Section 39 of the Education Act, 1983 was not maintained. For which, a suitable reply was issued by the petitioner. But the respondent proceeded to pass the order cancelling the recognition. It is submitted that representations were made by the petitioners to grant permission to reopen the school since the school is having sufficient strength. As per the request, the 3rd respondent appointed special inspector to visit the school and report the actual fact situation. The special inspector visited the school and submitted the report, suggesting that the petitioner is eligible for permission to reopen the school, but the same is not acted upon. Hence, this writ petition.

(3.) Heard the learned counsel for the parties and perused the material on record.