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2025 DAILYLAW 19701 (KAR)

SRI LAKSHMI NARASIMHA SWAMY VIDHYA SASTHE (R) v. COMMISSIONER

WP/7258/2025 · 2025-03-14

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:10827 WP No. 7258 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.7258 OF 2025 (EDN-RES) BETWEEN: SRI. LAKSHMI NARASIMHA SWAMY VIDHYA SAMSTHE (R) BYLAPPANAMATA, MUDDENAHALLI POST, CHIKKANAYAKANAHALLI TALUK, TUMAKURU DISTRICT – 572 214. REPRESENTED BY ITS PRESIDENT. …PETITIONER (BY SRI. GANAPATHI S. SHASTRI, ADVOCATE) AND: 1. COMMISSIONER DEPARTMENT OF SCHOOL EDUCATION, NRUPATUNGA ROAD, BENGALURU – 560 001. 2. DIRECTOR SECONDARY AND HIGHER SECONDARY EDUCATION, COMMISSIONER OFFICE, NRUPATHUNGA ROAD, BENGALURU – 560 001. 3. DEPUTY DIRECTOR (ADMINISTRATION), PUBLIC INSTRUCTION DEPARTMENT, ZILLA PANCHAYATH, TUMAKURU (S) DISTRICT – 572 102. 4. BLOCK EDUCATION OFFICER, SCHOOL EDUCATION DEPARTMENT, CHIKKANAYAKANAHALLI TALUK, TUMAKURU DISTRICT – 572 214. …RESPONDENTS (BY SRI. SUDEV HEGDE, AGA FOR R1 TO R4) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:10827 WP No. 7258 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE BEARING NO.C8(1). SHASHIAA.AASHA.MUU/2024-25 E-1663041 DATED 29.01.2025 ISSUED BY R-2 (ANNEXURE-G) AND DIRECT THE RESPONDENTS TO PERMIT THE PETITIONER TO RUN SRI.LAKSHMI NARASIMHAA SWAMY HIGH SCHOOL, SITUATED AT BYLAPPANAMATA, MUDDENAHALLI POST, CHI.NA.HALLI TALUK, TUMAKURU DISTRICT, FOR THE ACADEMIC YEAR 2025-2026. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “(i) Issue a writ of certiorari or any other writ / order quashing the notice bearing No.C8(1); ShaShiAa.AaSha.Muu/2024-25 E-1663041 dated 29.01.2025 issued by respondent No.2 (Annexure “G”); (ii) Issue a writ of mandamus directing the respondents to permit the petitioner to run Sri.Lakshmi Narasimhaa Swamy High School, situated at Bylappanamata, Muddenahalli Post, Chi.Na.Halli Taluk, Tumakuru District, for the academic year 2025-26. (iii) Issue any appropriate writ, order or direction in the circumstances of the case including an order as to costs to meet the ends of justice.” 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. - 3 - NC: 2025:KHC:10827 WP No. 7258 of 2025 3. Though several contentions have been urged by both sides in support of their respective claims, it is an undisputed fact that petitioner has already submitted its reply at Annexure – H dated 06.02.2025 to the impugned notice at Annexure – G dated 29.01.2025 issued by the respondent, hence, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the concerned respondent to consider the reply of the petitioner at Annexure – H dated 06.02.2025 and take appropriate decision / pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. 4. Liberty is reserved in favour of the petitioner to submit addition reply, documents, etc., to the respondent within a period of one week from today, which shall also be considered by the respondent. It is further directed that till the concerned respondent passes appropriate orders / take appropriate decision as stated supra, parties shall maintain status-quo in all respects, as on today, in relation to the subject educational institution. 5. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 38