High Court Karnataka High Court

Navabharath English Edcation … vs State Of Karnataka By Its … on 5 June, 2008

Karnataka High Court
Navabharath English Edcation … vs State Of Karnataka By Its … on 5 June, 2008
Author: B.S.Patil
W.P.7707.08

I
IN THE HIGH COURT OF' KARHATAICA AT BA1IGA.LORE_  __

nxmn 1-ms 1'!-II: am an or JUNE, 2003 . '  Q

BEFORE

TI-IE Horrnw 1uR.Jt:s1':cE;B.,s;'i>A'x1i;'~--  

wmr PETITION xo.77o7g':2§_g§ QB   
nmwzmc:  ' .% '

Navabharath English Educatioii }    ' 
No.44,IMain Road, -- _  1  " "
Doddanna Layout, Venka12csh.&1)t11a:;3%. " 
Bangalore-560 045,;   2;   '
Represented by its..!'r.csifi§_:;1t,*v 4' _ 

Mr.R.AbduI Bashtéer.  .   

(By 8rLB.nE.B§§1i£¢,"A§t fj.) " 'Z11 '* "

1. State ofKari1ataka,'._  
By its   to
 '~     Education,
 
 001.

 "  Th¢§"Dcpi1tA§ jDifz§ctor of Public Instructions,

 §N}.*)rth),
Kcmmgéwda Road,

 002.  REBPOHDENTS

   may

      petition is fihd under Article 226 of the Constituulon
 oflndia pmyiag to quash Ann.D being the Show cause notice

 is:sI:£ed by the R2, as fllsegal and ultra vines the powers 1;] s 33,"

  '34 and 39 of flax': Karnataka Educatirm. Act, 1983, and also as
"u:0.constit11!:iona1 and violativc of Art.19 (1) (g of the

Constitution of India and ctc.,



'W.P.7707.08
2

This petition coming on for preliminary hearing, this 

the Court made the following:

ORDER

1. In this writ petition, the petition.-are is

notice dated 22.12.2006 pmduced at 7}:

issued ca}}m’ g upon the

English Education Society to ehow not
be taken under Section 34 Education
Act, 1983, for viotam the ‘regarding the
medium of required to be

imparted to the

2. The contention eiihe that based on the show
cause notice, 1es1’3ontient:i7 are proceeding against the
institutiojn any order regaining de-

Et contended that no opportunity is given

to before the concerned authority that

V”f_t11e.tie was no itioleition of any of the conditions imposed.

if_*’ for the petitioner contends that the Show

it canoe Anotiee issued invoking’ the prams’ ions of Section 34 and

the Act is without jurisdiction. He submits that the

has no jurisdiction to canoe}. the recognition. Drawing

W.P.770’7.08
4

cannot take cc of a newspaper pubfication

upon the respondents to explain why recognition ‘

Cancellation of the mcognition of the schooléhafis’ K x

way of an oxder to be passed by the .

such an order is passed and the ‘;j§titioner’ if, it r L’

is open to the petitioner to <;ha}1eng_¢: ihc_&a;nc 1.3'cfo':7c_:A Court

or before appropriate forumfr j _

5. Learned is pennitted to
file memo of ‘

Jmf ~