BANASHANKARI VIDYA SAMSTHE BANGALORE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By the impugned order, the Deputy Director of Public Instruction, Bangalore has directed the petitioner to close Sections 3A and 3B of Primary School run by the petitioner, as the same are being run unauthorisedly.

(2.) The records reveal that the petitioner is running school under the name of "Vivekananda International Public School" situated in No.2, New Mico Road, Adugodi, Bangalore-30. The permission was granted on 16.12.2002 to run classes from 1st standard to 7th standard. Thereafter, it seems the petitioner has obtained permission to run classes upto 10th standard, consequently, the school is conducting education upto 10th Standard. However, the petitioner has now shifted classes 3A and 3B in the newly constructed building in the residential layout having No.3/2 New Mico Road, Adugodi, Bangalore 30 without taking permission of the respondents. The neighbours of residential layout No. 3/2, New Mico Road, Adugodi, Bangalore having noticed that the newly shifted classes are creating nuisance in the locality, objected before the Deputy Director of Public Instructions, Bangalore for the same and prayed for closing down the said classes. At an earlier point of time, an order came to be passed by Deputy Director of Public Instructions, Bangalore as per Annexure-D dated:28.7.2008 directing the petitioner to close down the two classes which are shifted to the new place without permission of the concerned authorities. The said order was questioned before this Court in W.P.No. 10578/2008. The writ petition came to be disposed of by directing the petitioner herein to treat the order/notice Annexure-D dated 28.7.2008 as show cause notice issued to him and permitted him to file statement of objections. Thereafter, the petitioner has filed statement of objections as per Annexure-G dated 26th August, 2008. After considering the statement of objections, the impugned order is passed as per Annexure-H dated 9.9.08 directing the petitioner to close down classes 3A and 3B shifted to new premises i.e., No.3/2, New Mico Road, Adugodi, Bangalore-30 as they are not only unauthorised, but also creating nuisance to the public at large.

(3.) Sri.Shekar Shetty, learned Counsel for the petitioner submits that detailed statement of objections filed by the petitioner as per Annexure-G dated 6th August, 2006 are not properly considered, inasmuch as, impugned order is cryptic and vague. He further submits that it is not. necessary for the petitioner to obtain permission of anybody, much less, the authorities concerned to shift the classes to any other place, particularly when, the petitioner institution is an unaided institution.