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The Karnataka High Court has held that harsh punishment like withdrawal of recognition to a school can’t be imposed citing a street accident that occurred throughout an academic tour performed with out permission from the authorities and never utilizing State-owned public transport.
“Section 39 of the Karnataka Education Act, which empowers the government to withdraw recognition, by any stretch of imagination cannot be interpreted or stretched to such an extent that it would encompass such untoward incidents occurred outside the school premises,” the court docket stated whereas making it clear that recognition might be withdrawn for particular deficiencies in sustaining normal of training, infrastructure, and so forth. as per the Act.
Justice R. Devdas handed the order whereas permitting a petition filed by Poornaprajna Education Centre, Bhadravati, which had questioned the May 13, 2019 order of withdrawal of recognition handed by the Deputy Director (Administration), Department of Public Instruction, Shivamogga.
A tenth class scholar died and 22 others have been injured when one of the 2 non-public bus wherein college students and academics have been travelling overturned in N.R. Pura police station limits in Chikkamagalur district in November 2018.
The academic authorities had stated that the tour was performed with out prior permission and personal buses have been used opposite to the January 27, 2011 round, which suggested the use of State-owned public buses for school excursions and avoiding non-public buses.
‘Deliberate attempt’
“An unfortunate road accident has been held against the petitioner-institution and a deliberate attempt is being made to punish the school authorities by withdrawing the recognition granted,” the High Court stated.
The court docket observed that the school and its administration had to this point spent ₹22 lakh in the direction of medical bills of kids, moreover cooperating and helping the mother and father earlier than the Motor Accident Claims Tribunal for securing compensation as per the regulation.
Also, the court docket noticed that, “On the whole, it seems that the authorities are carried away by public opinion and vested interests making wild allegations against the petitioner-institution” with out contemplating the establishment’s explanations given to all of the notices issued by the authorities.
One of the scholars of the school, which is effectively recognised in Bhadravati, was a State topper within the SSLC examination of 2016 by securing 100% marks.
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