RAJAJINAGARA VIJAYA EDUCATION SOCIETY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-Rajajinagara Vijaya Education Society, Bangalore, running the 2nd petitioner-School namely, R.V.Kannada Higher Primary School, Nandini Layout, J.C.Nagar, Bangalore, has filed these writ petitions in this Court on 01.06.2018 with the following prayers:-

(2.) Mr.R.P.Somashekharaiah, learned counsel for the petitioners submitted that the Respondents- Authorities of the Education Department should be directed to consider the representation of the petitioner- Institution for shifting of the school from Nandini Layout, J.C.Nagar, Bangalore, to Halagunike village, Indi Taluk, Vijayapura District, which is more than 500 Kms away from the existing premises of the school in a Rural area.

(3.) Ms.Pramodhini Kishan, learned AGA for the Respondents-Authorities, on the other hand, submitted that shifting of the school from Bangalore to Vijayapura in a far off place even though in a rural area is not a case of shifting of the school envisaged under Rule-5 of the Rules, 2006 and therefore, the competent authority cannot consider it as a case of shifting only and it is a case of starting of a new school at a different place, for which, the applicant-school can seek fresh recognition u/S.41(5) of the Act, 1983 r/w Rule-5 (5) of the Rules, 2006.