- 1 - NC: 2025:KHC:6465 WP No. 25201 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 25201 OF 2019 (GM-RES) BETWEEN: 1. VYASA EDUCATIONAL AND CULTURAL TRUST, BEING A PUBLIC CHARITABLE TRUST UNDER INDIAN TRUST ACT 1882, ACT AND HAVING ITS OFFICE AT SURVEY NO.101/2, DODDABOMMASSANDRA, BEL NORTH GATE, VIDYARANYAPURA POST, BANGALORE-560 097. REPRESENTED BY ITS CHAIRPERSON. MR.V.SRINIVASA RAJU. 2. VYASA INTERNATIONAL SCHOOL SURVEY NO.101/2, DODDABOMMASSANDRA, BEL NORTH GATE, VIDYARANYAPURA POST, BANGALORE-560 097. REPRESENTED BY AUTHORIZED SIGNATORY, MR.V.S.KRISHNAN. …PETITIONERS (BY SRI. V.C.RAJU., ADVOCATE) AND: 1. KARNATAKA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS, 4TH FLOOR, KRISHI BHAVAN, NRUPTHUNGA ROAD, RANI CHENNAMMA CIRCLE, BANGALORE-560 002. REPRESENTED BY ITS CHAIRPERSON. 2. DEPUTY DIRECTOR (NORTH), PUBLIC EDUCATION DEPARTMENT, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6465 WP No. 25201 of 2019 K.G.ROAD, NEAR CAUVERY BHAVAN AND SHIKSHAKARA BHAVAN, BANGALORE-560 002. 3. B.E.O. PUBLIC EDUCATION DEPARTMENT (NORTH-4), YELAHANKA, BANGALORE-560 064. …RESPONDENTS (BY SMT. GEETHA.M., ADVOCATE FOR R1; SRI. MANJUNATHA RAYAPPA., AGA FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.V.C.Raju., counsel for the petitioners and Sri.Manjunatha Rayappa., AGA for respondents 2 and 3 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated:21.05.2019 passed by respondent No.1 bearing No.KSCPRC/202-5/2019/2019-20 vide Annexure-AA. 3. Counsel for the respective parties urged several contentions. - 3 - NC: 2025:KHC:6465 WP No. 25201 of 2019 Counsel Sri.V.C.Raju., placed reliance on the decision in RASHMI EDUCATION TRUST VIDYANIKETAN SCHOOL AND OTHERS V/S. THE STATE OF KARNATAKA AND OTHERS reported in 2023(2) AKR 473. He argued by saying that in the said decision, this Court, has held that the Sections 2(11-A), 48 and 124-A of the Karnataka Education Act to be ultra vires in respect of the private unaided educational institutions. He vehemently contended that the petitioners are a private unaided institutions. Hence, the recommendations made by the Commission are unsustainable in law. Heard the arguments and perused the Writ papers with care. 4. I have perused the decision referred by the counsel for the petitioners with care. This Court has held that Sections 2(11-A), 48 and 124-A of the Karnataka Education Act are ultra vires in respect of the private unaided educational institutions. The petitioner being private unaided educational institution, the commission could not have made recommendations. Hence, the recommendations made by the Commission cannot be sustained. Accordingly, they are liable to be quashed. - 4 - NC: 2025:KHC:6465 WP No. 25201 of 2019 5. The Writ of Certiorari is ordered. The order dated:21.05.2019 passed by respondent No.1 bearing No.KSCPRC/202-5/2019/2019-20 vide Annexure-AA is quashed. 6. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 28.1