Case Note & Summary
The petitioners, Smt. L. Latha and Smt. Gowramma K.S., filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. They sought a writ of mandamus directing the respondents, the State of Karnataka and its departments, not to proceed with framing guidelines pursuant to an impugned circular dated 11.6.2020 (Annexure-A). The petition came up for preliminary hearing through video conferencing on 6th July 2020 before a Division Bench comprising Chief Justice Abhay S. Oka and Justice Nataraj Rangaswamy. At the hearing, the learned counsel for the petitioners, Shri N. Gowtham Raghunath, sought permission to withdraw the petition. The court granted the request and disposed of the petition as withdrawn. No reasons were recorded, and no adjudication on the merits of the challenge was made. The order was signed by the Chief Justice and the Judge.
Headnote
A) Constitutional Law - Writ Jurisdiction - Withdrawal of Petition - Petitioners sought to withdraw the writ petition challenging a circular dated 11.6.2020 - Court permitted withdrawal and disposed of the petition as withdrawn without any adjudication on merits (Paras 1-2).
Issue of Consideration
Whether the court should adjudicate the challenge to the impugned circular dated 11.6.2020 regarding framing of guidelines for school reopening.
Final Decision
The petition was disposed of as withdrawn.
Law Points
- Withdrawal of petition
- Disposal as withdrawn
- No adjudication on merits
Case Details
2020 LawText (KAR) (07) 118
Writ Petition No. 8170 of 2020 (EDN-RES)
Abhay S. Oka, Nataraj Rangaswamy
N. Gowtham Raghunath, Prabhulinga K. Navadgi, Vikram Huilgol
Smt. L. Latha, Smt. Gowramma K.S.
State of Karnataka, Ministry of Primary and Secondary Education and Sakala, Department of Public Instruction
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging a circular dated 11.6.2020 regarding framing of guidelines for school reopening.
Remedy Sought
Petitioners sought a writ of mandamus directing respondents not to proceed with framing guidelines pursuant to the impugned circular.
Filing Reason
Petitioners challenged the circular dated 11.6.2020 issued by the State of Karnataka.
Issues
Whether the court should adjudicate the challenge to the impugned circular dated 11.6.2020 regarding framing of guidelines for school reopening.
Submissions/Arguments
Petitioners' counsel sought permission to withdraw the petition.
Ratio Decidendi
The court permitted withdrawal of the petition without any adjudication on merits, as the petitioners' counsel sought permission to withdraw.
Judgment Excerpts
The learned counsel appearing for the petitioners seeks permission to withdraw the petition.
Accordingly, the petition is disposed of as withdrawn.
Procedural History
The writ petition was filed on an unspecified date, came up for preliminary hearing through video conferencing on 6th July 2020, and was disposed of as withdrawn on the same day.
Acts & Sections
- Constitution of India: Articles 226, 227
