- 1 - NC: 2025:KHC:6194 WP No. 754 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 754 OF 2025 (EDN-RES) BETWEEN: WISDOM WINGS TRUST (R) A REGISTERED TRUST WISDOM WINGS, SAGAR CIRCLE, HOSUR, SIDDAPURA, UTTARA KANNADA DISTRICT-581355. REPRESENTED BY ITS SECRETARY SRI. MOHAN KUMAR K.M. S/O K. MAHESH. AGED ABOUT 36 YEARS …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION MS BUILDING, BENGALURU- 560001 BY ITS SECRETARY 2. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS K R CIRCLE, BENGALURU- 560001 3. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION SAHYADRI COLONY, SIRSI- 581401 4. BLOCK EDUCATION OFFICER OFFICE APMC ROAD, SIDDAPURA- 581355 …RESPONDENTS (BY SMT. MAMATHA SHETTY, AGA FOR R1 TO R4) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND RETURNS AND QUASH ENDORSEMENT DATED 04.11.2024 REJECTING THE APPLICATION FOR OPENING THE SCHOOL IN NO. C5/HO.SHA.NO/VIVA-22/2024-25/30U ISSUED BY THE RESPONDENT NO.4 PRODUCED AT ANNEXURE-F HOLDING THAT IT IS INCORRECT AND ETC. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6194 WP No. 754 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Petitioner is seeking for the following prayers: “A) ISSUE an order/direction/writ in the nature of writ of certiorari quashing endorsement dated 04- 11-2024, rejecting the application for opening the school in No.C5/HO.SHA.NO/VIVA-22/2024-25/30U, issued by the Respondent No.4, produced at Annexure-F, holding that it is incorrect. B) Issue a writ of mandamus directing to the Respondent No.4 to re-consider the application dated 05/08/2024 and to grant permission to run Pre-School by name Wisdom Wings Pre-School, at Sagar Circle, Hosur, Siddapura, Uttara Kannada District 581355, for the academic year 2024-25 vide Annexure-D. And C) Pass any other appropriate order in the circumstances of the case including an order towards cost in the interest of justice and equity.” 2. By the impugned endorsement dated 04.11.2024, respondent No.4 rejected the application of - 3 - NC: 2025:KHC:6194 WP No. 754 of 2025 the petitioner seeking permission to establish a pre- primary school on the ground that 30 years lease deed is required to grant permission. 3. The petitioner had applied for permission to establish a pre-primary school and the Trust had acquired the premises on lease at the aforesaid address and set up infrastructure for starting the pre-school. According to the petitioner, the impugned endorsement is contrary to the Government notifications dated 18.01.2016, 08.03.2018 and circular dated 07.10.2023. 4. Learned AGA supports the endorsement issued by respondent No.4 and submits that the petitioner is not entitled for any relief. 5. This Court has carefully considered the contentions urged by the learned counsel for the parties and perused the material on record. 6. The Government notification dated 08.03.2018 reads as under: - 4 - NC: 2025:KHC:6194 WP No. 754 of 2025 “4. Amendment of rule 5.– In rule 5 of the said rules,– (i) in sub-rule (1), in clause (ii) for the words “six square feet” the words “one square meter” shall be substituted. (ii) after sub-rule (3), the following shall be inserted, namely:- “(4) Every private body of persons desiring to establish and maintain an educational institution imparting pre-primary, primary, secondary and higher secondary education or any part thereof shall own or have on lease for a minimum period of thirty years following minimum contiguous extent of land for the building and playground of the educational institution with permission from relevant authorities to use for educational purposes: Sl. No. Location Extent of Land I. Educational institution imparting pre-primary to higher secondary education, or primary to higher secondary education, or pre-primary to secondary education 1 BBMP and Other Municipal Corporation Areas 2000 square meter 2 Other areas 4000 square meter II. Educational institution imparting only either primary and secondary education, or imparting secondary and higher secondary education 3 BBMP and Other Municipal Corporation Areas 1500 square meter - 5 - NC: 2025:KHC:6194 WP No. 754 of 2025 4 Other areas 3000 square meter III. Educational institution imparting only primary education, or secondary education, or higher secondary education 5 BBMP and Other Municipal Corporation Areas 1000 square meter 6 Other areas 2000 square meter IV. Educational institution imparting only pre-primary education 7 All areas Building carpet area of 1 square meter per student subject to a minimum of 2000 sq.ft. preferably in the ground floor. Provided that, the above land requirement shall not be applicable to the educational institutions imparting pre-primary education only: Provided further that, the above requirement of land extent shall not be applicable to the existing educational institutions started with due registration upto academic year 2017-18 except the extent of land prescribed in the right of children to free and compulsory education Act, 2009 (Act No.35 of 2009).” 7. Perusal of the notification indicates that every private body of persons desiring to establish and maintain an educational institution imparting pre-primary, secondary and higher secondary education or any part - 6 - NC: 2025:KHC:6194 WP No. 754 of 2025 thereof shall own or have on lease for a minimum period of thirty years following minimum contiguous extent of land for the building and playground of the educational institution with permission from relevant authorities to use for educational purposes and the location with the extent of land is mentioned in the schedule with a proviso that the land requirement mentioned above shall not be applicable to the educational institution imparting pre- primary education only. 8. The proviso clearly indicates the land requirement is not applicable where educational institutions are imparting pre-primary education only. In the instant case, petitioner’s institution application is for starting a pre-school (pre-primary) and the petitioner clearly fits in the proviso of the notification dated 08.03.2018 and circular dated 07.10.2023 and in the circumstances, the endorsement needs to be set aside and this Court pass the following: - 7 - NC: 2025:KHC:6194 WP No. 754 of 2025 ORDER i. Writ petition is allowed. ii. Impugned endorsement dated 04.11.2024 passed by respondent No.4 is hereby set aside. iii. Respondent No.4 to reconsider the application submitted by the petitioner on 05.08.2024 at Annexure-D and grant permission to run the pre- school by name Wisdom Wings Pre-School, at Sagar Circle, Hosur, Siddapura, Uttar Kannada District for the Academic year 2024-2025 in terms of the government notification dated 08.03.2018 and circular dated 07.10.2023 within a period of four weeks from the date of receipt of this order. Sd/- ________________________ JUSTICE K.S. HEMALEKHA MBM List No.: 2 Sl No.: 19