DOLPINS EDUCATIONAL TRUST (R) v. STATE OF KARNATAKA
WP/6951/2025 · 2025-03-12
S R Krishna Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18503 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18503 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:10571 WP No. 6951 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 6951 OF 2025 (EDN-RES) BETWEEN:
DOLPINS EDUCATIONAL TRUST ® HAVING ITS REGISTERED OFFICE AT WARD NO.9, NEAR POOJAMMA TEMPLE BYPASS ROAD SIDLAGHATTA (T) CHIDKKABALLAPUR - 562 102.
REPRESENTED BY ITS PRESIDENT A NAGARAJ …PETITIONER (BY SRI. S SUDHARSAN, ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU – 560 001.
2.
COMMISSIONER OF PUBLIC INSTRUCTION DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, GOVERNMENT OF KARNATAKA NRUPATHUNGA ROAD, BENGALURU – 560 001.
3.
DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DEPARTMENT OF EDUCATION CHIKKABALLAPURA – 572 101.
4.
BLOCK EDUCATION OFFICER CHIKKABALLAPURA – 572 101. …RESPONDENTS (BY SRI. SUDEV HEGDE, AGA)
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
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NC: 2025:KHC:10571 WP No. 6951 of 2025
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 11.02.2025 BEARING NO-A3/SSLC CENTRER/01/2024-25/360/2024-25, AT ANNEXURE-M PAGE NO 52 ISSUED BY RESPONDENT NO. 4, WHICH REMOVES THE PETITIONER FROM THE LIST OF AUTHORISED SCHOOLS AND EXAMINATION CENTRES, AND FURTHER DIRECTS THE RESPONDENTS TO REINSTATE THE PETITIONER AS AN AUTHORISED EXAMINATION CENTRE FOR THE UPCOMING S.S.L.C EXAMINATIONS SCHEDULED TO COMMENCE FROM 21.03.2025 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 the following reliefs:
“i. Stay the operation of the endorsement dated 11.02.2025 dated bearing No.A3/SSLC/CENTRE/01/2024- 25/360/2024-25, at Annexure-M page No.52. ii. Direct the respondents to allot the Petitioner as an examination centre for the upcoming S.S.L.C examinations commencing from 21.03.2025, and to ensure that the Petitioner is included in the authorised list of examination centers, pending final adjudication of the matter in light of justice and equity.”
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NC: 2025:KHC:10571 WP No. 6951 of 2025
2. Heard learned counsel for the petitioner and learned AGA for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner Educational Trust is running and Educational Institution in the name and style as “Dolphins Educational Trust”, which was removed from the list of various schools vide order dated 15.05.2024 and 10.07.2024 passed by the respondents. The petitioner herein have assailed the said orders in W.P.No.21930/2024, in which there is an interim order of stay. 4. Subsequently, the petitioner requested respondent No.4 to notify the aforesaid school as an examination center in the ensuing examination scheduled to be conducted from 21.03.2025. It is the grievance of the petitioner that though earlier orders passed by the respondents removing the name of the petitioner-School from the list of various schools had been stayed by this Court in W.P.No.21930/2024, respondent No.4 has issued the impugned endorsement rejecting the request of the petitioner to function as an examination center on the ground that the name of the petitioner-school has been removed from the list of examination centers. Learned counsel for the petitioner further submits that they were functioning as examination center for the last 15 years and as such, the petitioner is before this Court by way of the present petition. - 4 -
NC: 2025:KHC:10571 WP No. 6951 of 2025
5. Learned AGA along with respondent No.4 – Block Education Officer (BEO), who are physically present, invited my attention to the communication dated 02.12.2024 along with Annexures issued by respondent No.4 – BEO to respondent No.3 – Deputy Director of Public Instructions, Chikkaballapura and pointed out that as long back as on 02.12.2024, itself the petitioner-Institution had ended to function as an examination centre due to lack of infrastructural facilities in the school.
It is submitted that due to oversight and inadvertence, the said fact was not incorporated in the impugned endorsement and as such, the same may be condoned and the petition may be dismissed. Further, learned AGA submits that 15 examination centers were allotted prior to 2024, the same were reduced to 10 centers pursuant to the State Government Circular dated 20.11.2024. 6. A perusal of the impugned endorsement will indicate that despite the interim order of stay passed by this Court in W.P.No.21930/2024, staying the aforesaid order, removing the name of the petitioner from the list of examination centers, very same reason has been assigned by respondent No.4 in the impugned endorsement, which is contrary to the earlier interim order passed by this Court, as such, I am of the view that the impugned endorsement deserves to be quashed. 7. In so far as the reinstatement of petitioner’s school as examination center is concerned, the concerned respondent shall
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NC: 2025:KHC:10571 WP No. 6951 of 2025
consider the request of the petitioner and pass appropriate orders in accordance with law in the next academic year. 8. In the result, I pass the following:
ORDER (i) The writ petition is allowed. (ii) The impugned endorsement at Annexure-M dated 11.02.2025 is hereby quashed. (iii) The concerned respondents are directed to consider the request of the petitioner for allotment as examination center and take appropriate decision/pass appropriate order in accordance with law.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
BMC List No.: 2 Sl No.: 1