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Judgment
P.D. Waingankar, J.—1. This petition is to quash the proceedings initiated against the petitioners in C.C. No. 13664/2015 before I Addl. C.M.M, Bengaluru for the offences punishable under Sections 418, 420 r/w 34 of IPC and for the offence punishable under Section 18(5) of the Right of Children to Free and Compulsory Education Act, 2009.
The petitioners are running an Educational Society in Andhra Pradesh under the name of Sri. Goutham Academy of General and Technical Education Society which is registered under the provisions of Andhra Pradesh Societies Act. Petitioner No. 1 is a Secretary, petitioner No. 2 is Deputy Secretary and petitioner No. 3 is the President. They have been running about 50 schools in Andhra Pradesh, out of which about 49 schools are being run under the name of Goutham Model Schools and one school is being run under the name of Orchids, The International School. In the year 2013, the petitioners have started a school at HMT Colony, Jalahalli, Bengaluru under the name Orchids, The International School.
On 23.10.2014, respondent No. 2/complamant/Deputy Director of Public Instructions lodged a complaint before the Jalahalli Police Station alleging that the petitioners being the officer bearers of Sri. Goutham Academy of General and Technical Education Society are running Orchids, The International School by floating rules. It is alleged in the complaint that they are illegally running CBSE English Medium school without there being any valid recognition either from the State or from the Central Government. Thereby they have cheated the public and the parents of about 900 children. The school has been granted permission to run primary school from 1st to 5th standard in Kannada Medium. But the petitioners are running classes from Pre-nursery to 7th standard of CBSE English Medium in the premises at HMT colony, Jalahalli, Bengaluru. Upon conducting inspection through the Block Education Officer, a complaint came to be lodged by the Deputy Director of Public Instructions in Jalahalli police station which came to be registered in Crime No. 115/2014 for the aforesaid offences and the police after investigation filed charge-sheet against the petitioner Nso.1 to 3 and another for the aforesaid offences before the I Addl. C.M.M. Bengaluru. Petitioner Nos. 1 and 3 appeared before the Magistrate whereas petitioner No. 2 is absconding. The case is posted for hearing before charge. Instead of advancing arguments for discharge of the petitioners/accused, the petitioners have filed the instant petition to quash the proceedings initiated against them in C.C. No. 13364/2015.
The submission of the learned Senior counsel appearing for the petitioners is that there is no substance in the submission made by the learned Government Pleader that the petitioners were running English Medium CBSE school from pre-nursery classes to 7th standard though they have been granted permission on 26.03.2013 to run primary school from 1st to 5th standard in Kannada Medium School. It is further submitted that the school is being run in English Medium by obtaining prior permission. Relying upon the decision of the Supreme Court reported in , (2014) 9 Supreme Court Cases 485 in the case of State of Karnataka and another v. Associated Management of English Medium Primary and Secondary Schools and others, the learned Senior counsel appearing for the petitioners submitted that a child or on his behalf his parents or guardian, has a right to freedom of choice with regard to the medium of instruction in which he would like to be educated at the primary stage in school. The State cannot contend that the power to prescribe regulation for maintaining the standard of education would improve the power to prescribe the medium of instruction. Hence, the learned counsel sought to quash the proceedings.
The learned Government Advocate on the other hand would submit that the petitioners are running the English Medium CBSE school from pre-nursery to 7th standard classes without obtaining the necessary permission. In other words, the said school run by the petitioners is not a recognized school and even then without disclosing the same they have admitted 900 children in the school and thereby cheated the parents of 900 children and rightly for the same reason, the Investigating Officer upon recording the statement of the parents of the children and also the staff members of the school came to the conclusion that the petitioners committed offences under Sections 418, 420 r/w Section 34 of IPC.
It is not in dispute that petitioners secured permission from the Government of Karnataka dated 26.03.2013 to run from primary school from 1st to 5th standard in Kannada Medium. But the petitioners are running classes from pre-nursery to 7th standard of CBSE English Medium School. They were granted the necessary permission to run English Medium School from 1st standard to 5th standard for the first time on 04.07.2015 vide order No. by the Department of Public Instruction. That itself is sufficient to hold that as on the date of commencement of the school in the year 2013, the petitioners were not granted permission to run English Medium School. Thus, from the year 2013 till 2015, they were running English Medium CBSE school from Pre-nursery to 7th standard by admitting about 900 children. Sri. H.T. Indushekar, has stated in his statement recorded by the Investigating Officer on 24.10.2014 that his children namely Smchan Shekar, Navneeth Shekar were admitted to 5th standard and UKG in Orchid, The International School, HMT Colony, Jalahalli in English Medium School. He has stated that at the time of admission of the children to the school, they were given an impression that they have obtained permission to run CBSE school from Central Board of Secondary Education and therefore he admitted his children to the said school. He has further stated that of late he came to know that by obtaining permission to run classes from 1st standard to 5th standard in Kannada Medium from Government of Karnataka and they have no permission to run pre-nursery, LKG, UKG, 6th and 7th standard. It is further stated that they are admitting the students from pre-nursery to 7th standard English Medium CBSE without there being any recognition or permission. He has stated that he is under dilemma whether to continue the education of his children in the same school or not. He is also worried about the future of his children and therefore he requested to take action against the persons who are running the school. The Investigating Officer also recorded the statement of the Principal and other staff members working in the said school. Their statements also would go to show that by misrepresenting that they have a permission to run CBSE English Medium classes from pre-nursery to 7th standard, they got admitted the children. Therefore, this is nothing short of cheating the innocent parents and playing with the future of the children in the process of making easy money. Believing the representation, they admitted their children to the school and now they are worried about the future of their children. If this kind of misrepresentation by the persons who are running educational institution is allowed to continue, the future career of the innocent budding students would be jeopardized. Therefore, this is not a case to quash the FIR. On the other hand, there is a prima-facie material colleted by the Investigating Officer to speak about the complicity of all these petitioners in running an English Medium school by obtaining a permission to run Kannada medium school. There is no merit in the petition.
Hence, the petition is dismissed.
In view of disposal of the petition, I.A. No. 1/2016 for stay does not survive for consideration and the same stands disposed of.