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2025 DAILYLAW 15953 (KAR)

NOBEL EDUCATION TRUST v. STATE OF KARNATAKA

WP/3057/2025 · 2025-03-25

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:12489 WP No. 3057 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.3057 OF 2025 (EDN-RES) BETWEEN: NOBEL EDUCATION TRUST A TRUST REGISTERED UNDER THE PROVISIONS OF INDIAN TRUST ACT HAVING ITS REGISTERD OFFICE AT NOBLE HIGH SCHOOL, KOTTIGEPALYA MAGADI MAIN ROAD BENGALURU-560 091. REP BY ITS PRESIDENT RAMAKRISHNAIAH …PETITIONER (BY SRI. RAKESH B. BHATT., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF EDUCATION VIKASASOUDHA BENGALURU-560 001. REPRESENTED BY PRINCIPAL SECRETARY 2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS NEW PUBLIC OFFICE, NEAR-RBI NRUPATUNGA ROAD AMBEDKAR VEEDHI, SAMPANGI RAMANAGARA BENGALURU-560 001. 3. DEPUTY DIRECTOR (ADMINISTRATION) DEPARTMENT OF PUBLIC INSTRUCCTION RAMANAGRA DISTRICT, PANCHANAYATH BHAVAN RAMANAGARA - 562159 4. BLOCK EDUCATION OFFICER Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:12489 WP No. 3057 of 2025 DEPARTMENT OF PUBLIC INSTRUCTION RAMANAGAR TALUK, RAMANAGAR DISTRICT, PANCHAYATH BHAVAN RAMANAGARA - 562 159. …RESPONDENTS (BY SMT. SUKANYA BALIGA B., AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NO. ANU.2/KHA.A.RA.SHALE.DURU/08/2024-25 DTD. 22.01.2025 ISSUED BY R-3 (ANNX-M) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition the petitioner seeks for following reliefs: a) Issue a writ of certiorari or any other writ or order and quash the order bearing No.ANU.2/KHA.A.RA.Shale.Duru/ 08/2024-25 - 3081/24-25 dated 22.01.2025 issued by 3rd respondent (Annexure-M). b) Issue a writ of certiorari or any other writ or order and quash the notice dated 21.12.2024 issued by 3rd respondent (Annexure-J) bearing No.ANU.2/KHA.A.RA.SHAALE. DOORU/08/2024-25- 2692/24-25. c) Direct the respondents to renew the recognition for petitioner's school for the year 2024-25. - 3 - NC: 2025:KHC:12489 WP No. 3057 of 2025 d) Pass such other order as this Hon'ble Court deems fit in the interest of justice and equity. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the material on record. 3. After arguing the matter for some time, learned counsel for the petitioner submits that during the pendency of the present petition, the respondents have issued a fresh/new circular dated 28.02.2025 pursuant to which the petitioner has filed one more application on 20.03.2025 seeking renewal of recognition and as such, the impugned order passed by the respondents at Annexure-M dated 22.01.2025 refusing to renew the recognition in favour of the petitioner may be set aside and the matter remitted back to the respondent No.3 for reconsideration afresh in accordance with law. 4. Per contra learned AGA submits that in the light of the circular dated 28.02.2025, the matter may be remitted back to respondent No.3 for reconsideration afresh in accordance with law. 5. In view of the aforesaid facts and circumstances and submissions made by both sides, I deem it just and appropriate to - 4 - NC: 2025:KHC:12489 WP No. 3057 of 2025 dispose of the petition by setting aside the impugned order at Annexure-M and remitting the matter back to respondent No.3 for reconsideration afresh in accordance with law within the stipulated time frame. 6. In the result the following: ORDER (i) The petition is allowed. (ii) The order dated 22.01.2025 at Annexure-M and the notice dated 21.12.2024 at Annexure-J are hereby set aside. (iii) The matter is remitted back to respondent No.3 for reconsideration afresh in accordance with law. (iv) The petitioner is directed to appear before the respondent No.3 physically/online on 01.04.2025. (v) Liberty is reserved in favour of the petitioner to submit replies, pleadings, documents etc., which shall be considered by respondent No.3, who shall consider the same and pass appropriate orders on the request/application for renewal of recognition submitted by the petitioner within a period of one week from 01.04.2025. - 5 - NC: 2025:KHC:12489 WP No. 3057 of 2025 (vi) It is further directed that till the respondent No.3 passes appropriate orders as stated supra, the interim order dated 05.02.2025 shall continue to remain in force and operate between the parties. Sd/- (S.R.KRISHNA KUMAR) JUDGE NS CT:TSM List No.: 1 Sl No.: 26