Vijaya Vidya SaumsThe and ors. Vs. State of Karnataka by Its Secretary, Department of Education, - Court Judgment

Excerpt:
- code of civil procedure, 1908. section 100:[v. jagannathan, j] remand of case by second appellate court held, directions given by second appellate court cannot be ignored by lower appellate court on the grounds that said directions are without jurisdiction or nullity and non-est in eyes of law. -- section 100: second appeal concurrent findings of fact held, it is not liable to be interfered with even if first appellate court commits an error in recording a finding of fact. -- order 41, rule 23a & section 105(2): appealable order - decree passed by lower appellate court was reversed in appeal and further directions were given to dispose of matter in light of observations made in the order of remand held, appeal can be said to have been disposed of otherwise than on a preliminary point. provisions of rule 23a of order 41 is applicable. order passed pursuant to rule 23a becomes an appealable order. no appeal against remand order having been preferred, party aggrieved is precluded from disputing correctness in view of section 105(2). ordera.s. bopanna, j.1. the petitioners are before this court assailing the action of the respondents in issuing the endorsement refusing to grant permission to commence and run english medium school as indicated in the petitions. since similar question had arisen before this court in w.p. no. 6394-6395/2009, i find that it is unnecessary to advert to the details of the matter. in that background, what is to be noticed is, this court, while disposing of w.p. no. 6394-6395/2009 has taken note of the decision of the full bench of this court in the case of associated managements of primary and secondary schools of karnataka v. the state of karnataka, by its secretary, department of education and ors. reported in : ilr2008kar2895 .2. in view of the law laid down therein, this court had quashed a similar endorsement, which has been issued and permitted the petitioner to make a fresh application within the stipulated time and also directed the respondents to consider and dispose of the application within a time frame as indicated therein.3. since the present facts are squarely covered, a similar order is passed herein accordingly:

Judgment:
ORDER

A.S. Bopanna, J.

1. The petitioners are before this Court assailing the action of the respondents in issuing the endorsement refusing to grant permission to commence and run English Medium School as indicated in the petitions. Since similar question had arisen before this Court in W.P. No. 6394-6395/2009, I find that it is unnecessary to advert to the details of the matter. In that background, what is to be noticed is, this Court, while disposing of W.P. No. 6394-6395/2009 has taken note of the decision of the Full Bench of this Court in the case of Associated Managements of Primary and Secondary Schools of Karnataka v. The State of Karnataka, By its Secretary, Department of Education and Ors. reported in : ILR2008KAR2895 .

2. In view of the law laid down therein, this Court had quashed a similar endorsement, which has been issued and permitted the petitioner to make a fresh application within the stipulated time and also directed the respondents to consider and dispose of the application within a time frame as indicated therein.

3. Since the present facts are squarely covered, a similar order is passed herein accordingly: