CHETHAN EDUCATIONAL TRUST v. THE STATE OF KARNATAKA
WP/2127/2025 · 2025-01-27
K S Hemalekha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14919 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14919 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3682 WP No. 2127 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.2127 OF 2025 (EDN-RES)
BETWEEN:
1.
CHETHAN EDUCATIONAL TRUST, A TRUST REGISTERED AS PER
THE INDIAN TRUST ACT, 1882,
HAVING ITS REGISTERED OFFICE AT
ANJANI EXTENSION, CHINTAMANI,
CHIKKABALLAPUR DIST-563125
(REP. BY SECRETARY CHETHAN K.S.
30 YEARS)
2.
CHETHAN PRE-UNIVERSITY COLLEGE OFFICE AT. ANJANI EXTENSION, CHINTAMANI,
CHIKKABALLAPUR DISTRICT-563125 REP. BY ITS SECRETARY
SRI CHETHAN K.S.
(REG. UNDR INDIAN TRUNT ACT, 1882) …PETITIONERS
(BY SRI ARJUN J.S., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS
PRINCIPAL SECRETARY,
DEPT. OF PRIMARY AND
SECONDARY EDUCATION
M.S. BUILDING, DR. AMBEDKAR VEDHI,
BENGALORE - 560 001.
2.
THE COMMISSIONER OF PUBLIC INSTRUCTION,
EDUCATION DEPARTMENT,
K.R. CIRCLE, BENGALORE - 560 001.
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:3682 WP No. 2127 of 2025
3.
THE DIRECTOR,
DEPARTMENT OF PRE-UNIVERSITY EDUCATION,
18TH CROSS ROAD, SAMPIGE ROAD,
MALLESHWARAM, BENGALURU-560012.
4.
THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS,
DEPARTMENT OF SCHOOL
EDUCATION (PRE-UNIVERSITY),
CPHJ+58M, CHIKKABALLAPUR – 562101. …RESPONDENTS
(BY SMT. NAVYA SHEKAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE SHOW CAUSE NOTICE DATED 01.09.2024 ISSUED BY 3RD RESPONDENT VIDE ANNEXURE-L NO.DPUE-EST30MC(OTH)7/2024-R AND G/1471328 AND SECOND SHOW CAUSE NOTICE DATED 12.09.2024 NO.PAPUSHIE/UNIKACHIBA/KA.NU./222/2024-25 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE-M
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL ORDER
Petitioners are seeking for the following prayers:
“a) Issue a Writ of Certiorari or order or direction in the nature of Writ quashing the show cause notice dated 01.09.2024 issued by 3rd Respondent vide Annexure-L No.DPEU-EST 30 MC (OTH) 7/2024-R and G/1471328 and second show cause notice dated 12.09.2024 No.¥À¥ÀÆ8E/G¤PÀa§/PÁ.£ÉÆÃ/222/2024-25 issued by the 4th respondent vide Annexure-M.
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NC: 2025:KHC:3682 WP No. 2127 of 2025
b) Subsequently Issue Writ of Mandamus or Order or direction in the nature of writ directing the Respondent No.3 & 4 to consider the representation dt.12.9.2024 CNC/09/2024-25 and 22.01.2025 made by the petitioner vide Annexure-N & P and to Direct the Respondents to immediately unblock the SATS ID of the Second Petitioner’s institution to enable the continuation of academic and administrative functions.
c) Grant such other & further relief’s as this Hon’ble Court deems fit and proper under the facts & Circumstances of the case in the interest of justice.”
2. Heard.
3. The petitioners have called in question the show-cause notice dated 12.09.2024 issued by respondent No.4 stating that the license of the institution would be cancelled due to the absence of admissions over the past four years. Perusal of the petition papers indicate that the petitioners have submitted reply dated 12.09.2024 at Annexure-N to the show-cause notice by providing valid reasons and also submitted representations dated
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NC: 2025:KHC:3682 WP No. 2127 of 2025
22.01.2025 to respondent Nos.3 and 4 vide Annexure-P for renewal of license for the academic year 2024-2025.
4. Learned Additional Government Advocate submits that the petitioners have called in question the show-cause notice and the petitioners having given reply and representations to respondent Nos.3 and 4, if some reasonable time is accorded, the same would be considered by the authorities.
5. Recording the submission of the learned Additional Government Advocate that the reply and representations of the petitioners would be considered, the petitioners grievance would be meted out if necessary direction is issued for consideration. The writ petition is
disposed of, directing respondent Nos.3 and 4 to consider the reply at Annexure-N submitted by the petitioners to the show-cause notice and the representation for renewal of license at Annexure-P, in accordance with law, within the outer limit of three weeks from the date of receipt of this order.
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NC: 2025:KHC:3682 WP No. 2127 of 2025
6. Respondent Nos.3 and 4 not to take any coercive steps until consideration of the reply and representation submitted by the petitioners.
MBM List No.: 1 Sl No.: 53 Sd/-
________________________ JUSTICE K.S. HEMALEKHA