The Hindu : Karnataka / Bangalore News : Court upholds Government stand on location of schools

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Tuesday, Jun 17, 2008
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Karnataka

Karnataka - Bangalore

Court upholds Government stand on location of schools

Staff Reporter

BANGALORE: The Karnataka High Court on Monday concurred with the view of the State Government that the location of private educational institutions and the institutions’ governing council could not be changed.

The court upheld the constitutional validity of the Karnataka Institutions (Change in the Governing Councils or locations of Private Educational Institutions) 2006 rules.

The ruling comes as a major shot in the arm for the State Government which has been engaged in a “legal battle” with private educational institutions over the latter’s move to change or shift their institutions from one place to another. While the State had been maintaining that the location of the institutions cannot be changed unless they are approved, private institutions are saying that the location can be changed as the recognition is for the institution and not for the place or the area in which it is set up.

The 2006 rules had sought to put to rest this confusion. The rules made it clear that educational institutions could not ask for a change of place. Nor could any change in the governing council of the institution be permitted.

Two institutions, Anjaneya Vidya Samasthe of Davangere and another school had challenged this notification.

The petitioners had urged the court to quash the notification saying that it was illegal and ultra vires. The two institutions wanted to shift their premises from the place where they had been set up. Justice B.S. Patil upheld the validity of the 2006 rules and dismissed the petition.

Adjourned

A Division Bench comprising Justice Deepak Verma and Justice B. Sreenivasa Gowda adjourned further hearing on a public interest litigation (PIL) petition by a resident of Bangalore B. Krishna Bhat, seeking expeditious repair of the Shiradi Ghat section (in Hassan district) of the Bangalore-Mangalore Highway. The Bench asked the National Highways Authority of India (NHAI), which has taken up work to repair the road, to file an affidavit and implead the three contractors who had taken up repair work on the road.

Directed

A Division Bench comprising Justice K. Sreedhar Rao and Justice L. Narayanaswamy directed the Superintendent of Police, Chikmagalur, to be present in court during the next date of hearing of a criminal case. The court, during the last hearing, had asked the Superintendent of Police to be personally present.

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