SRI MANJUNATHA EDUCATION TRUST, REGISTERED UNDER TRUST ACT v. Court of Karnataka

(BY SMT. PRATHIBHA R.K., AGA) …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER BEARING NO. LEPA-01/KA SHA STHA DOORU-54/2022- 23/270 DATED 31/05/2024 ISSUED BY THE R4 VIDE ANNEXURE-X AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petitioner has called in question the validity of the order at Annexure-'X' dated 31.05.2024 which is the order passed cancelling registration under Section 34 of the Karnataka Education Act, 1983 (for short 'the Act') and withdrawal of recognition under Section 39 of the Act for - 3 - NC: 2024:KHC:24424 WP No. 15029 of 2024 the year 2024-25 and declaring the school to be an unauthorised school.

Though various contentions have been raised on merits, one of the contentions raised is that Annexure-'X' is the order passed by the Deputy Director (Administration) and such officer could not have passed an order as regards cancellation of registration under Section 34 of the Act.

It is submitted that under notification dated

29.09.2004 bearing No.ED 11 MPS 2004(II), Bangalore, dated 14th September 2004, Karnataka Gazette, Extraordinary No.1085, at Sl.No.2 of the table, the authority that could deal with cancellation of registration under Section 34 of the Act would be the Director of Public Instructions (Primary Education). While at Sl.No.15 as regards the order under Section 39 of the Act, it would be the Deputy Director of Public Instructions for Pre-Primary and Primary Schools. - 4 - NC: 2024:KHC:24424 WP No. 15029 of 2024

It is submitted that as the order under Section 34 of the Act is also referred to in the operative portion. The said order is required to be passed by the Director of Public Instructions and as the present order is passed by the Deputy Director, same is one without jurisdiction.

Perused the notification dated 29.09.2004, the table insofar as relevant reads as follows: "In exercise of the powers conferred by clause (7) of Section 2 of the Karnataka Education Act, 1983 (Karnataka Act 1 of 1995), and in supersession of the Notification No.ED 137 VIVIDA 98, dated 19th May, 1999 (Published in the Karnataka Gazette, Part IV, Section 2-C(ii), Extraordinary No.534, dated 22-5-1999) the Government of Karnataka hereby authorises officers specified in column (3) of the Table below to be the Competent Authorities to perform the functions and discharge duties of the Competent Authority within their respective jurisdiction, for the purpose of sections specified in corresponding entries in column (2), in respect of the category of educational institutions specified in column (4) thereof, namely.- - 5 - NC: 2024:KHC:24424 WP No. 15029 of 2024 Sl. No. (1) 2. Section TABLE Name of the Officer / Authority (2) Clause (b) of sub-section (2) of Section 31 and Section 34 (3) Director of Public Instructions (Primary Education)

Section 39 Deputy Director of Public Instructions. Category of Educational Institutions (4) Pre-Primary and Primary Schools, other than Urdu and Other Minority Language Schools Pre-Primary and Primary Schools

It is clear that insofar as the order under Section 34 of the Act, it must be passed by the Director of Public Instructions (Primary Education). In the present case, such order is passed by the Deputy Director (Administration). Accordingly, the order under Section 34 of the Act is the one without jurisdiction. As a composite order is passed, in light of the contention that procedure under Sections as prescribed has not been followed, it would meet the end of justice by directing the respondents to reconsider and pass fresh orders as regards the subject matter of the order at Annexure-'X'. - 6 - NC: 2024:KHC:24424 WP No. 15029 of 2024

It is clarified that in light of the observations made above, the order of cancellation as regards under Section 34 of the Act is to be passed by the Director of Public Instructions (Primary Education) and the order under Section 39 of the Act is to be passed by the Deputy Director of Public Instructions insofar as Pre-primary and Primary Schools.

Accordingly, impugned order dated

31.05.2024 at Annexure-'X' is set aside. Matter is remitted back to complete the proceeding on the material already with the respondents after following the procedure under Sections 34 and 39 of the Act and by the authorities as indicated in the notification dated 29.09.2004.