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2025 DAILYLAW 25986 (KAR)

GOKULA HIGHER PRIMARY SCHOOL v. GOVERNMENT OF KARNATAKA

WP/13649/2025 · 2025-05-02

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:18088 WP No. 13649 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 13649 OF 2025 (EDN-RES) BETWEEN: GOKULA HIGHER PRIMARY SCHOOL RUNNING BY ITS ADMINISTRATION OF GOKULA VIDYA SAMASTHE ® TRUST REPRESENTED BY ITS SECRETARY MR. LANKESH. L.C. AGED AROUND 36 YEARS, OCC: SECRETARY OF THE TRUST KIRUGAVLU POST, MALAVALLI TALUK MANDYA DISTRICT 571 430 …PETITIONER (BY SRI. SHYAM PRASAD T S., ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA REPRESENTED THROUGH CHIEF SECRETARY ROOM NO. 320, 3RD FLOOR, VIDHANA SOUDHA BENGALURU - 560001 2. THE COMMISSIONER FOR PUBLIC INSTRUCTION NEW PUBLIC OFFICE, NEAR-RBI NRUPATHUNGA ROAD AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BENGALURU, KARNATAKA 560 001 3. JOINT DIRECTOR(ADMINISTRATION). OFFICE OF THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BANGALORE-560001 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18088 WP No. 13649 of 2025 4. THE DIRECTOR (PRIMARY EDUCATION) OFFICE OF THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BANGALORE-560 001 5. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DDPI(ADMIN), RP ROAD, SUBASH NAGAR, MANDYA -571401 6. BLOCK EDUCATION OFFICER- MALAVALLI DEPARTMENT OF EDUCATION, MALAVALLI TALUK MANDYA DIST.-571401 …RESPONDENTS (BY SMT. NAVYA SHEKHAR., AGA FOR R1 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRITE WRIT, ORDER OR DIRECTION, DIRECTING RESPONDENT NO.3 NOT TO PROCEED FURTHER PURSUANT TO THE SHOW CAUSE NOTICE DATED 16.03.2025 AND TO REFRAIN FROM INITIATING OR TAKING ANY COERCIVE ACTION FOR WITHDRAWAL OR CANCELLATION OF THE RECOGNITION GRANTED TO GOKULA SENIOR PRIMARY SCHOOL, T. KAGEPURA, MALAVALLI TALUK, MANDYA DIST AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for Respondents No.1 to 6. - 3 - NC: 2025:KHC:18088 WP No. 13649 of 2025 2. The Petitioner is before this Court seeking for the following a) Issue a writ of mandamus or any other appropriate writ, order, or direction, directing Respondent No.3 not to proceed further pursuant to the Show cause notice dated 16.03.2025 bearing No. G3/Anu.ra.Dooru/53/2024-25 (Annexure- ) and to refrain from initiating or taking any coercive action for withdrawal or cancellation of the recognition granted to Gokula Senior Primary School, T.Kagepura, Malavalli Taluk, Mandya Dist; b) Direct the Respondent No.3 to consider the Petitioner’s reply dated 1.04.2025 Annexed as Annexure, strictly in accordance with law and keeping in mind the principles of proportionality, natural justice, and public interest, before proceeding with any further action; c) Grant ad-interim order staying the operation and effect of the Show Cause Notice dated 16.03.2025 and ensuring the continued recognition of the Petitioner school, pending final disposal of the present writ petition. d) Issue such other appropriate writ or direction to Respondent Nos. 1 to 5 as may be deemed necessary in furtherance of the reliefs sought herein; e) Pass any other or further orders as this Hon’ble Court may deem fit just, and proper in the facts and circumstances of the case, in the interest of justice and equity. 3. Learned AGA submits that in pursuance of the show cause notice, the recognition of the petitioner’ school has been cancelled. - 4 - NC: 2025:KHC:18088 WP No. 13649 of 2025 4. If that be so, it is for the petitioner to challenge the same. Reserving liberty to the petitioner to challenge the said order, the Writ Petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 3 Sl No.: 8