WP112368-14-05-02-2015.Pdf
Total Page:16
File Type:pdf, Size:1020Kb
: 1 : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 05 TH DAY OF FEBRUARY 2015 BEFORE THE HON’BLE MR.JUSTICE A.N.VENUGOPALA GOWDA WRIT PETITION NOS.112368 OF 2014 AND 112370-381 OF 2014 (EDN-EX) BETWEEN 1. RURAL DEVELOPMENT SOCIETY KOS STUDY CENTER, MUDALAGI, TQ: GOKAK, DIST: BELAGAVI, REPRESENTED BY ITS PRESIDENT SRI. TAMANNA S/O SIDDAPPA PARSI AGED ABOUT 58 YEARS, R/O. MUDLAGI, TQ: GOKAK, DIST: BELGAVI 2. SEVA MAHILA SOCIETY KOS STUDY CENTER, PATAGUNDI, TQ: GOKAK, DIST: BELAGAVI, REPRESENTED BY ITS PRESIDENT SMT. KASTURI TAMMANNA PARSI AGED ABOUT 48 YEARS, R/O. MUDLAGI, TQ: GOKAK, DIST: BELGAVI 3. SRI. MALLIKARJUN EDUCATION TRUST KOS STUDY CENTER, HARUGERI, TQ: RAIBAG, DIST: BELAGAVI, REPRESENTED BY ITS PRESIDENT SRI. BASAPPA S/O RAMAPPA AJUR AGED ABOUT 62 YEARS, R/O. HARUGERI, TQ: RAIBAG, : 2 : DIST: BELAGAVI 4. SRI. NEELAKNATESHWAR EDUCATION TRUST KOS STUDY CENTER, "DAVANGERE ENGLISH MEDIUM HIGH SCHOOL" HUVINA HADAGALI, DIST: BELLARY REPRESENTED BY ITS CHAIRMAN SRI. R SHIVAKUMAR SHETTY S/O RAMA SHETTY, AGED ABOUT 46 YEARS, R/O. HUVINA HADAGALI, DIST: BELLARY 5. MEGHA MAHILA GRAMEEN ABHIRUDDI AND EDUCATION SOCIETY, KOS STUDY CENTER, YARAGATTI, TQ: SAUNDATTI, DIST: BELGAUM, REPRESENTED BY ITS PRESIDENT BASAVARJ S/O THIPPANNA AYATTI, AGED ABOUT 36 YEARS, R/O. YARAGATTI, TQ: SAUNDATTI, DIST: BELGAUM 6. SRI. MALLIKARJUN VIDYAVARDHAK SANGHA KOS STUDY CENTER, CHIKODI, TQ: CHIKKODI, DIST: BELGAUM, REPRESENTED BY ITS PRESIDENT SRI. CHIDANAND S/O BHIMAPPA ATHANI, AGED ABOUT 38 YEARS, R/O. JAYANAGAR, CHIKKODI, TQ: CHIKKODI, DIST: BELGAUM 7. PARASGAD RURAL WOMEN AND YOUTH DEVELOPMENT SOCIETY, KOS STUDY CENTER, SAUNDATTI, TQ: SAUNDATTI, DIST: BELGAUM, REPRESENTED BY ITS PRESIDENT SRI. SHIVAKUMAR S/O CHANDRASHEKAR SHINDE, AGED ABOUT 40 YEARS, R/O. SAUNDATTI, TQ: SAUNDATTI, DIST: BELGAUM 8. MALAPRABHA SHIKSHANA SAMITI KOS STUDY CENTER, ASUNDI, TQ: SAUNDATTI, : 3 : DIST: BELGAUM, REPRESENTED BY ITS SECRETARY SRI. YELLAPPA S/O SIDDALINGAPPA INGALGI, AGED ABOUT 48 YEARS, R/O. ASUNDI, TQ: SAUNDATTI, DIST: BELGAUM 9. SRI. K N S E EDUCATIONAL TRUST KOS STUDY CENTER, TUNGABHADRA HIGH SCHOOL, ITAGI, TQ: HUVINA HADAGALI, DIST: BELLARY, REPRESENTED BY ITS PRESIDENT M G REVANSIDDAPPA S/O M G NINGAPPA AGED ABOUT 52 YEARS, R/O. HUVINA HADAGALI, DIST: BELLARY 10. SRI. REVANASIDDESHWAR RURAL DEVELOPMENT AND SOCIAL WELFARE SOCIETY, KOS STUDY CENTER, GHATAPRABHA, TQ: GOKAK, DIST: BELGAUM, REPRESENTED BY ITS SECRETARY, LAKAMAGOUDA S/O ANNAPPA PATIL, AGED ABOUT 43 YEARS, R/O. GHATAPRABHA, TQ: GOKAK, DIST: BELGAUM 11. HALLIGALA ABHIRUDDI SAMSATHE KOS STUDY CENTER, NAGANUR, TQ: GOKAK, DIST: BELGAUM, REPRESENTED BY ITS PRESIDENT, SRI. SURESH S/O KEMAPAYYA MATHAPATI, AGED ABOUT 35 YEARS, R/O. NAGANUR, TQ: GOKAK, DIST: BELGAUM 12. HIREMATH SIKSHANA SAMAJA SEVA SANGHA KOS STUDY CENTER, HOLALU, TQ: HUVINA HADAGALI DIST: BELLARY REPRESENTED BY ITS PRESIDENT TAHASIN D, AGED ABOUT 36 EYARS, R/O. HOLALU, TQ: HUVINA HADAGALI, : 4 : DIST: BELLARY 13. RURAL AND URBAN DEVELOPMENT SOCIETY KOS STUDY CENTER, GOKAK TQ: GOKAK, DIST: BELGAUM, REPRESENTED BY ITS PRESIDENT SRI. SANTHOSH S/O YENKAPPA KURIHULI AGED ABOUT 28 YEARS, R/O. GOKAK, DIST: BELGAUM ... PETITIONERS (BY SRI: G I GACHCHINAMATH, ADV.) AND 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO EDUCATION DEPARTMENT, VIDHANA VEEDHI, BANGALORE-1 2. THE SECRETARY KARNATAKA STATE SECONDARY EDUCATION EXAMINATION BOARD, 6TH CROSS, MALLESHWARAM BANGALORE 3. THE DIRECTOR KARNATAKA STATE SECONDARY EDUCATION EXAMINATION BOARD, 6TH CROSS, MALLESHWARAM BANGALORE 4. THE PRINCIPAL DISTRICT INSTITUTE OF EDUCATION TRAINING (DIET) MANNUR, BELGAUM TQ & DIST: BELGAUM 5. THE PRINCIPAL DISTRICT INSTITUTE OF : 5 : EDUCATION TRAINING (DIET) BELLARY, DIST: BELLARY 6. THE DIRECTOR JSS, KARNATAKA OPEN SCHOOL, BANNIMANTAPA, MYSORE, DIST: MYSORE ... RESPONDENTS (BY SMT: K. VIDYAVATI, AGA. FOR R-1 TO R-5, R-6 SERVED) THESE WRIT PETITIONS IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO MODIFY THE CONDITION NO.1 IN THE CIRCULAR DATED 01.12.2014 PRODUCED AS ANNEXURE-E AND FURTHER DIRECT THE RESPONDENT NO.2 TO CONDUCT THE EXAMINATION WITH CENTERS AS WAS SPECIFIED IN THE EARLIER CIRCULAR DATED 06.08.2005 PRODUCED AS ANNEXURE-D, AND ETC. THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: - O R D E R Smt.K. Vidyavathi, learned AGA submitted that these writ petitions are liable for dismissal, being covered by order dated 07.1.2015 passed in W.P.57134-57136/2014. She submitted that identical grievance was considered in W.P.Nos.57134-57136/2014 and was found to be devoid of merit and hence petitioners are not entitled to the relief. : 6 : 2. Learned advocate for petitioners submitted that since examination is complete, these petitions have become infructuous and may be disposed of accordingly. 3. The order on which learned AGA placed reliance squarely applies to the instant case. Even otherwise, the petitioners being not aggrieved persons, have no locus standi to seek modification of the order as at annexure-E and for conducting of examination as per annexure-D. Petitions are devoid of merit. 4. Be that as it may, in view of submission made on behalf of petitioners by the learned advocates, noticed supra, petitions stand dismissed as not pressed. Consequently, I.A.1/2014 does not survive for consideration. SD/- JUDGE Sub/.