- 1 - NC: 2025:KHC:9762 WP NO.12748 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 12748 OF 2024 (EDN-REG) BETWEEN: SAHARA EDUCATIONAL AND CHARITABLE TRUST, A REGISTERED OFFICE SITUATED AT MADINA MANZIL, R.M.L. NAGAR, 2ND STAGE, NEAR UNITY HALL, SHIVAMOGGA - 577 202. REP. BY ITS TRUSTEE MRS. SAMEENA KOUSAR. …PETITIONER (BY SRI. S. SUDHARSAN, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION (PRIMARY AND SECONDARY EDUCATION) VIDHANA SOUDHA, BENGALURU - 560 001. 2. COMMISSIONER OF PUBLIC INSTRUCTION DEPARTMENT OF EDUCATION (PRIMARY AND SECONDARY EDUCATION) NRUPATHUNGA ROAD, BENGALURU - 560 001. 3. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DEPARTMENT OF EDUCATION (PRIMARY AND SECONDARY EDUCATION), SHIVAMOGGA DISTIRCT, B.H. ROAD, SHIVAMOGGA - 577 201. 4. ASIF REHMAN S/O ABDUL REHMAN, AGED ABOUT 44 YEARS, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9762 WP NO.12748 OF 2024 1ST CROSS, 3RD MAIN, WADI-E-HUDA, WARD NO.34, SHIVAMOGGA - 577 303. …RESPONDENTS (BY SMT. MAMATHA SHETTY, AGA FOR R1 TO R3; SRI. PRANESH CHANDRA, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTION DATED 24TH JULY, 2023 VIDE ANNEXURE-E TO COMMENCE THE SCHOOL OF THE PETITIONER IN THE STATED PREMISES; QUASH THE COMMUNICATION OF THE RESPONDENT NO.3 DATED 20TH APRIL, 2024 VIDE ANNEXURE-F; 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-Trust seeks following relief: "a) Issue a writ in the nature of Mandamus and/or such or other writ order or direction against the Respondents to consider the representation, to commence the school of the petitioner in the stated premises as per Annexure-E dated 24.07.2023; b) Issue a writ in the nature of Certiorari and/or such other writ order or direction, quashing the Respondent No.3 communication dated 20.04.2024 bearing No.G3/SHALA DHORU/15/2023-24 produced as Annexure-F; c) Grant costs and pass such other/further orders as this Hon'ble Court deems fit in light of the facts and circumstances of the case in the interest of justice and equity." - 3 - NC: 2025:KHC:9762 WP NO.12748 OF 2024 2. Heard learned counsel for the petitioner; learned Additional Government Advocate for respondents 1 to 3; and learned counsel for the respondent No.4 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner-Trust was running a School under the name and style of "Amber Valley Higher Primary and High School" at Sulebylu Bypass Road, Shivamogga having taken the premises on lease from the respondent No.4 at the time of preferring the present petition. The petitioner-Trust was aggrieved by the impugned order/communication dated 20th April, 2024 (Annexure-F) issued by the respondent No.3, directing closure of the school that was being run in the earlier premises and got consequent direction to the respondents 1 to 3 to permit the petitioner-Trust to shift the School to a new premises at 2nd Cross, Gandharva Nagar, Shivamogga. 4. In the present petition, there is an interim order of stay of impugned order/communication dated 20th April, 2024 (Annexure-F) pending disposal of the present petition. 5. Learned counsel for the petitioner submits that, during the pendency of the present petition, the petitioner-Trust had vacated - 4 - NC: 2025:KHC:9762 WP NO.12748 OF 2024 the earlier premises of which the respondent No.4 was the landlord and the petitioner-Trust had shifted its school to new premises situate at 2nd Cross, Gandharva Nagar, Shivamogga. It is also submitted by the learned counsel for the petitioner that, at present the petitioner-Trust is running its school in the aforesaid premises and twenty seven students are studying in SSLC, who are due to take-up the ensuing SSLC Examination scheduled to commence from 21st March, 2025. It is further submitted by learned counsel for the petitioner that the petitioner would submit the fresh representation along with all relevant documents to respondents 1 to 3, who may be directed to consider the same and pass appropriate orders / take decision within a stipulated time frame. It is further submitted that, till the respondent-Authorities pass appropriate orders / take decision on the said representation, the respondent-Authorities shall be directed not to take any precipitative action / coercive steps against the school of the petitioner-Trust or its students in respect of the school being run at the aforesaid premises situate at 2nd Cross, Gandharva Nagar, Shivamogga. It is also submitted that, since, twenty seven students have already been registered to take-up the ensuing SSLC Examination, the respondents 1 to 3 may be directed to permit the - 5 - NC: 2025:KHC:9762 WP NO.12748 OF 2024 said twenty seven students, whose names are mentioned in the representation of the petitioner to take-up the ensuing SSLC Examination scheduled to commence from 21st March, 2025. 6. Per contra, learned Additional Government Advocate for respondents 1 to 3 submit that, in the event, if the petitioner submits the representation, the respondents 1 to 3 would consider the same and take appropriate decision / pass appropriate orders in accordance with law. 7. It is further submitted by the learned Additional Government Advocate that, since twenty seven students have already been registered to take-up ensuing SSLC Examination scheduled to commence from 21st March, 2025, without prejudice to the rights and contentions of the respondent-Authorities, the respondents 1 to 3 would permit the said twenty seven students as per the representation to take-up the ensuing SSLC examination. 8. In view of the aforesaid facts and circumstances and submissions made by learned counsel for the petitioner and learned Additional Government Advocate for respondents 1 to 3, I deem it just and appropriate to dispose of the present petition by issuing certain directions. In the result, I pass the following: - 6 - NC: 2025:KHC:9762 WP NO.12748 OF 2024 O R D E R 1) The petition is hereby disposed of; 2) The petitioner-Trust is directed to submit a fresh representation along with relevant documents to the respondents 1 to 3 within a period of one week from today; 3) The petitioner-Trust shall furnish a list of twenty seven students said to have registered for ensuing SSLC Examination scheduled to commence from 21st March, 2025 along with the fresh representation; 4) Respondents 1 to 3 are directed to consider the representation of the petitioner-Trust and take decision / pass appropriate orders within a period of two weeks from the date of submission of representation by the petitioner-Trust; 5) Liberty is also reserved in favour of the petitioner- Trust to make online application/representation etc., along with relevant documents in accordance with law; 6) Respondents 1 to 3 are directed to permit the twenty seven students as enumerated in the list to be submitted by the petitioner-Trust to take-up - 7 - NC: 2025:KHC:9762 WP NO.12748 OF 2024 ensuing SSLC examination scheduled to commence from 21st March, 2025; 7) It is also directed that the respondents 1 to 3 shall not take any precipitative action / coercive steps against the school of the petitioner-Trust and its students which is presently being run at the premises situated at 2nd Cross, Gandharva Layout, Shivamogga, till the consideration of the representation to be submitted by the petitioner- Trust. Sd/- (S.R.KRISHNA KUMAR) JUDGE ARK List No.: 1 Sl No.: 18