KANNADA NUTHANA VIDYA SAMSTHE (R) Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is before this Court assailing the endorsement dated 19.06.2014 impugned at Annexure -E to the petition. The petitioner is also seeking that the respondents be directed to register the English Medium Primary School run by the petitioner management.

(2.) THE petitioner with a view to start an English Medium Primary School submitted its proposal dated 31.10.2008 to the Education Department through the Block Education Officer (B.E.O.), Tarikere Taluk, Tarikere, Chikmagalur District. The B.E.O. at the first instance had issued an endorsement that there is no provision to run English Medium School. Subsequent thereto, an endorsement dated 26.03.2009 was issued rejecting the request of the petitioner on the ground that the language policy of the State does not permit starting of the English Medium School and the case of the petitioner seeking permission to that effect cannot be considered, since the State had filed a Special Leave Petition before the Hon'ble Supreme Court against the judgment rendered by a Full Bench of this Court. The petitioner claiming to be aggrieved by such endorsement was before this Court in W.P. No. 12188/2009. This Court by the order dated 24.04.2009 was of the opinion that since a Full Bench of this Court in the case of Associated Managements of Primary and Secondary Schools in Karnataka v. The State of Karnataka, By Its Secretary, Department of Education and Others, ( : ILR 2008 KAR 2895) had rendered its decision and even though the same was questioned before the Hon'ble Supreme Court and since there was no interim order therein, the endorsement is not sustainable. Therefore, this Court quashed the endorsement and directed the respondents to consider the application filed by the petitioner in the light of the judgment rendered by a Full Bench of this Court referred therein.

(3.) IN that light, after the disposal of the matter before the Hon'ble Supreme Court, wherein the judgment of a Full Bench of this Court had been upheld, the petitioner once again made a detailed request dated 29.05.2014 seeking consideration of their case for recognition from the years 2009 -2010. In reply to the same, the endorsement dated 19.06.2014 impugned at Annexure -E has been issued. The petitioner therefore claiming to be aggrieved by the same is before this Court.