VIDYANIKETAN PUBLIC SCHOOL vs. VIDYANIKETAN EDUCATION AND CULTURAL TRUST

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WP/22915/2019HC KarnatakaKAHC01014830201924 February 2020Bench: P.B.BAJANTHRI4 pages
AI SummaryDismissed

What did the High Court hold?

The tribunal held that the petitioner had not complied with the previous order to deposit the specified amount within the given timeframe. Therefore, the writ petition was dismissed.

What were the facts?

The petitioner, Vidyaniketan Public School Parents Association, failed to comply with an interim order to deposit 75% of a determined amount. The court had granted multiple extensions for this deposit.

What were the issues?

The primary issue was the petitioner's non-compliance with the court's interim order regarding the deposit of funds, leading to the dismissal of the writ petition.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2020 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO. 22915/2019 (EDN-RES) BETWEEN:

VIDYANIKETAN PUBLIC SCHOOL PARENTS ASSOCIATION, NO.232, R.H. BCS, 2ND PHASE, RAILWAY BADAVANE, MALLATHAHALLI, BENGALURU - 560 110, PH NO: 080-23240397 REP. BY ITS PRESIDENT MR. SHIVARAJU S/O MAUNIYABOVI AGED ABOUT 45 YEARS

… PETITIONER (BY SRI. NANJAPPA N.B., ADVOCATE)

AND:

1.

VIDYANIKETAN EDUCATION AND CULTURAL TRUST, ULLAL ROAD CROSS, ULLAL UPANAGARA, BENGALURU - 560 056. PH.NO. 080-23240395 / 080-23240364, REP. BY ITS TRUSTEE AND PRINCIPAL, MR.VIJAY KRISHNA RAJAGOPAL S/O RAJAGOPAL, AGED ABOUT 41 YEARS

AND ALSO

VIDYANIKETAN PUBLIC SCHOOL, ULLAL ROAD CROSS, ULLAL UPANAGARA, BENGALURU - 560 056. PH. NO. 080-23240395/080-23240364 REP. BY ITS TRUSTEE MR. VIJAY KRISHNA RAJAGOPAL S/O RAJAGOPAL AGED ABOUT 41 YEARS.

2.

THE COMMISSIONER, BENGALURU URBAN DISTRICT & CHAIRMAN, DISTRICT EDUCATION REGULATORY AUTHORITY (DERA), KANDAYA BHAVANA, K.G. ROAD, BENGALURU - 560 009.

3.

THE DEPUTY DIRECTOR,

DEPARTMENT OF PUBLIC INSTRUCTION, BENGALURU SOUTH DISTRICT, KALASIPALYA BENGALURU - 560 018.

4.

THE BLOCK EDUCATION OFFICER, DEPARTMENT OF PUBLIC INSTURCTION, SOUTH ZONE, SHANKARAPURAM, BENGALURU - 560 004.

5.

THE DEPUTY COMMISSIONER, DEPARTMENT OF PRIMARY & SECONDARY EDUCATION, BENGALURU URBAN DISTRICT, NRUPATHUNGA ROAD, BENGALURU - 560 001.

6.

THE SECRETARY, THE STATE OF KARNATAKA, DEPARTMENT OF PRIMARY & SECONDARY EDUCATION, M.S. BUILDING, BENGALURU - 560 001.

7.

THE JOINT SECRETARY, (SEC-1), HUMAN RESOURCES DEVELOPMENT MINISTRY, GOVERNMENT OF INDIA, SHASTRI BHAVAN, NEW DELHI - 110 001.

8.

THE CHAIRMAN, CENTRAL BOARD OF SECONDARY SCHOOL, "SHIKSHA KENDRA" NO.02, COMMUNITY PREET VIHAR, NEW DELHI - 110 092.

9.

COMPTROLLER AUDIT GENERAL OF INDIA, POCKET-9, DEEN DAYAL UPADHYAYA MARG, NEW DELHI - 110 124.

10.

THE COMMISSIONER OF INCOME TAX, CENTRAL REVENUE BUILDING, NO.01, QUEENS ROAD, BENGALURU - 560 001.

... RESPONDENTS

(BY SRI. ABHINAV.R., ADVOCATE FOR C/R-1. (CP NO. 7871/19) SRI. E.I. SANMATHI, ADVOCATE FOR R-1 SMT. PRAMODHINI KISHAN, AGA FOR R2 TO R-7. SRI. ARUN .K.S., ADVOCATE FOR R-7 & R-8. SRI. M.R. SHAILENDRA, ADVOCATE FOR R-8, SRI. M. VASUDEVA RAO, SCGPC FOR R-9 R-10 IS SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

DIRECT R-2, 3, 4 TO INSTRUCT R-1 TO MAINTAIN THE STATUS QUO PREVAILING AS ON 20.07.2018 AND ALSO INSTRUCT THE R-1 MAY RESTRAINED FROM TAKING ANY UNLAWFUL DECISIONS AS AGAINST THE PETITIONER (ANNEXURE-D5) AND ETC.,

THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

Learned counsel for the 1st respondent pointed out the conduct of the petitioner pursuant to interim order dated 2.7.2019. Further, petitioner was granted time to deposit 75% of the amount which is determined as Rs.89,07,372/- and petitioner was permitted two days time and it was also made clear that if the petitioner fails to deposit, writ petition stands dismissed. Till date. petitioner has not complied the order. 2. Learned counsel for the petitioner submits that he intends to deposit 58,00,000/- and petitioner has already deposited Rs.11,29,950/- through NEFT (Total amount is Rs.69,29,950). Whereas, on 18.02.2020, it was made clear to the petitioner that

75% of the amount would be Rs.89,07,372 and it shall be deposited within a period of two days, failing which, writ petition stands dismissed. 3. Today learned counsel for the petitioner submitted that 75% of the determined amount would be around Rs.76,33,128/-. Therefore, he intends to deposit Rs.76,33,128/-. Such a contention cannot be accepted today for the reasons that petitioner has not filed any application for modification of the order dated 18.02.2020. Moreover, depositing of amount by the petitioner is being dragged from 02.07.2019 to this day. Consequently, he is bound by order dated 18.2.2020. Undisputedly, he has not complied the order dated 18.2.2020 by depositing a sum of Rs.89,07,372/-. Accordingly, petition stands dismissed.

Sd/- JUDGE

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