Kar HC | Principal Secretary directed to consider application for commencing 8th standard in school in view of mandate under Art. 21-A

Karnataka High Court: S. Sunil Dutt Yadav, J. disposed of this petition while directing the appropriate department to consider the petitioner’s application to conduct classes of Standard 8^th.

Daneshwari Shikshana Sansthe (Petitioner) is a registered Educational Society. Petitioner had obtained permission to conduct classes for 1^st to 7^th and 9^th to 10^th standard from the appropriate department. But no express permission was granted for 8^th standard.

In relation to a prohibition in a Circular of 24-04-2013, the application of the Petitioner was rejected to conduct classes for 8^th standard.

Counsels for the petitioner, H.M. Dharigond and S.F. Kallimani submitted that according to the order passed by this Court in W.P. No. 103383 of 2018 that the prohibition should be treated as a temporary measure and not as absolute in view of a mandate that there would be no restriction under Article 21-A of the Constitution of India.

The Court after analyzing the case mentioned above and the submission of the petitioner observed that the law laid down in the W.P. No. 103383 of 2018 should be followed and the application of the petitioner should be considered afresh.[Daneshwari Shikshana Sansthe (R) v. State of Karnataka, 2019 SCC OnLine Kar 1240, decided on 07-08-2019]