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NC: 2024:KHC:40791
WP No. 27055 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 27055 OF 2024 (EDN-RES)
BETWEEN:
1. GNANA THARANGINI VIDYA SAMSTHE (MINORITY) (R)
RAJENDRA PRASAD ROAD, JAGALUR
DAVANAGERE DISTRICT – 577 528.
REPRESENTED BY ITS SECRETARY
ARAVINDAN.P.S
SON OF LATE SHRIDHARAN.P
AGED ABOUT 51 YEARS
OCC: BUSINESS
RESIDENT OF R.P.ROAD
JAGALUR TOWN
DAVANAGERE DISTRICT – 577 528.
2. NAVACHETHANA ENGLISH MEDIUM PRIMARY
AND HIGH SCHOOL
RAJENDRA PRASAD ROAD,
JAGALUR, DAVANAGERE DISTRICT - 577528
Digitally
REPRESENTED BY ITS HEAD MASTER,
signed by
SMT. LATHAKUMARI C
Vandana S
WIFE OF SHASHIDHARAN P S
Location:
RESIDENT OF R.P.ROAD,
HIGH
JAGALUR TOWN,
COURT OF
DAVANAGERE DISTRICT – 577 528
KARNATAKA
…PETITIONERS
(BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION,
M.S.BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU – 560 001
REPRESENTED BY ITS SECRETARY.
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NC: 2024:KHC:40791
WP No. 27055 of 2024
2. COMMISSIONER FOR PUBLIC INSTRUCTIONS
NEW PUBLIC OFFICE NEAR RBI NRUPATHUNGA RD,
SAMPANGI RAMA NAGAR
AMBEDKAR VEEDHI,
BENGALURU – 560 001.
3. DEPUTY DIRECTOR
DEPARTMENT OF PUBLIC INSTRUCTIONS,
DAVANAGERE DISTRICT.
DAVANAGERE – 577 002.
4. THE BLOCK EDUCATION OFFICER
JAGALUR TALUK
DAVANAGERE DISTRICT – 577 528.
…RESPONDENTS
(BY SMT. SAVITHRAMMA, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR DTD.
22.03.2022 BEARING NO. C7(2) PRA.SHIAA.KHA.SHA.MA.NA.46.2021-22
ISSUED BY THE R-2 PRODUCED AT ANNX-J CONSEQUENTLY QUASH
THE NOTICE DTD. 20.09.2024, BEARING NO.E6 /KHA.SHA.MA.NAVEE/01/
2024-25 ISSUED BY THE R-4 PRODUCED AT ANNX-L AND FOR PASSING
OF SUCH OTHER ORDERS AS THIS HONBLE COURT DEEMS FIT IN THE
INTERESTS OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks for the following relief:-
“ WHEREFORE, the petitioners most humbly prays that
this Hon’ble Court may be pleased to Issue a writ in the
nature of Certiorari or any other appropriate, Writ, order or
direction quashing the Circular dated: 22.03.2022 bearing
No: C7(2) Pra.Shiaa.Kha:Sha: Ma: Na: 46:2021-22 issued by
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WP No. 27055 of 2024
the Respondent No:2, produced at Annexure-J consequently
quash the notice dated: 20.09.2024, bearing No:
E6/Kha.sha.MA. nAVEE/01/2024-25, issued by the
Respondent No; produced at Annexure-L and for passing of
such other Orders as this Hon’ble court deems fit in the
interest of justice and equity.”
2. Learned counsel for the petitioners submit that vide
Notification dated 26.08.2024, Rule 11 is amended with effect from
26.08.2024. The amended Rule 11 of the Karnataka Right of
Children to Free and Compulsory Education Rules, 2012, reads as
under:
“GOVERNMENT OF KARNATAKA
No: EP 64 PGC 2024, KARTNATAKA GOVERNMENT SECRETARIAT
M.S. BUILDING
BENGALURU, DATED; 26.08.2024.
The draft of the following rules further to amend the
Karnataka Right of Children to Free and Compulsory
Education Rules, 2012, Which the Government of Karnataka
proposes to make in exercise of powers conferred by sub-
section (1) of section 38 of the Right of Children to Free and
Compulsory Education Act 2009,(Central Act 35 of 2009), for
the information of all persons likely to be affected thereby
within fifteen days from the date of it’s publication in the Official
Gazette.
Whereas, the said Gazette was made available to the
public on 11.06.2024.
And, whereas, the objections and suggestions received in this
behalf have been considered by the State Government.
Now, therefore, in exercise of the powers conferred by
sub-section (1) of section 38 of the Right of Children to Free
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WP No. 27055 of 2024
and Compulsory Education Act 2009, (Central Act 35 of 2009),
the Government of Karnataka hereby makes the following
rules, namely:-
RULES
1. Title and commencement.- (1) These rules may be
called the Karnataka Right of Children to Free and Compulsory
Education (Amendment) Rules 2024.
(2) They shall come into force from the date of their final
publication in the official Gazette.
2. Amendment of rule 11.- In the Karnataka Right of
Children to Free and Compulsory Education Rules, 2012, in
rule 11, in sub-rule (6), for the words, “Validity of such
recognition shall be for five years”, the words and figures
“Validity of such recognition shall be for ten years for the first
time renewal and permanent for the next time subject to
provisions of rule 12”, shall be substituted.
By order and in the name of the
Governor of Karnataka
(Mahantayya S. Hosamath)
Under Secretary to Government (Primary)
Department of School Education and Literacy”
3. In view of the aforesaid amendment to Rule 11, the
Circular at Annexure-J dated 22.03.2022 and the impugned notice
at Annexure-L dated 20.09.2024, do not survive for consideration
and the same are hereby quashed and accordingly, the writ petition
stands disposed of.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
Srl.