ABHISHEKH VIDYAVARDHAK SHIKSHAN SAMSTHE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Pursuant to the agreement entered into between the petitioner and respondent No.4, vide Annexure-B petitioner had admitted 13 students in its Centre Abhishek Vidyavardhak Shikshan Samsthe under the scheme Sarva Shikshan Abhiyan. As per the terms of the said scheme, respondents were liable to pay Rs.10,000/- per student to the petitioner. According to the petitioner only 40% of the amount has been paid to the petitioner and in spite of repeated reminders, respondents failed to abide by the terms of the agreement and failed to release the balance amount due to the petitioner. Hence the petitioner has sought for a writ of mandamus directing the respondents to pay the grants to the petitioner as per agreement Annexure-B.

(2.) The second relief claimed by the petitioner is for a direction to the respondent to refund the petitioner an amount of Rs.12,000/-. The same is not pressed by the petitioner, as the said amount is stated to have been refunded. The said prayer therefore is dismissed as not pressed.

(3.) Though respondent No.2 has filed statement of objections contending that the petitioner is not entitled to maintain the petition, yet the contentions urged by the petitioner that pursuant to the agreement as per Annexure-B, the petitioner had admitted 13 students, has not been specifically denied. On the other hand, it is contended in the statement of objections that during surprise inspection as many as 20 times, it was found that the Center run by the petitioner was having very poor strength. But Annexure-E produced by the petitioner goes to show that during the inspection held on 15.11.2010, it was found that 15 students were present in the Centre.