- 1 - HC-KAR NC: 2025:KHC:22552 WP NO.14009 OF 2025 C/W WP NO.14016 OF 2025 WP NO.14023 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.14009 OF 2025 (EDN-RES) C/W WRIT PETITION NOS.14016 OF 2025 AND 14023 OF 2025 IN WP NO.14009/2025 BETWEEN: GOKULA VIDYA SMASTHE (R) (A REGISTERED SOCIETY UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960) REPRESENTED BY ITS SECRETARY, MR. LANKESH L.C., S/O CHANDRU L.K., AGED ABOUT 36 YEARS, SECRETARY OF THE TRUST, KIRUGAVLU POST, MALAVALLI TALUK, MANDYA DISTRICT - 571 430. HAVING ITS REGISTERED OFFICE AT: KIRUGAVALU POST, MALAVALLI TALUK, MANDYA DISTRICT - 571 430. OWNING AND MANAGING GOKULA PUBLIC SCHOOL, T. KAGEPURA, MALAVALLI TALUK, MANDYA DISTRICT. …PETITIONER (BY SRI. SHYAM PRASAD T.S.,ADVOCATE) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22552 WP NO.14009 OF 2025 C/W WP NO.14016 OF 2025 WP NO.14023 OF 2025 AND: 1. GOVERNMENT OF KARNATAKA REP. THROUGH CHIEF SECRETARY, ROOM NO.320, 3RD FLOOR, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE COMMISSIONER FOR PUBLIC INSTRUCTION NEW PUBLIC OFFICE, NEAR RBI, NRUPATHUNGA ROAD, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BENGALURU - 560 001. 3. JOINT DIRECTOR (ADMINISTRATION) OFFICE OF THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BENGALURU - 560 001. 4. THE DIRECTOR (PRIMARY EDUCATION) OFFICE OF THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BENGALURU - 560 001. 5. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DDPI (ADMIN), R.P. ROAD, SUBASH NAGAR, MANDYA - 571 401. 6. BLOCK EDUCATION OFFICER MALAVALLI, DEPARTMENT OF EDUCATION, MALAVALLI TALUK, MANDYA DISTRICT - 571 401. …RESPONDENTS (BY SMT. SUKANYA BALIGA, AGA ) - 3 - HC-KAR NC: 2025:KHC:22552 WP NO.14009 OF 2025 C/W WP NO.14016 OF 2025 WP NO.14023 OF 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER ISSUED UNDER SECTIONS 34, 38 AND 39 OF KARNATAKA EDUCATION ACT, 1983, DATED 24TH APRIL, 2025 BY RESPONDENT NO. 5, WITHDRAWING THE REGISTRATION OF THE PETITIONER'S GOKULA PUBLIC SCHOOL (ENGLISH MEDIUM), T. KAGEPURA, MALAVALLI TALUK, MANDYA DISTRICT; DIRECT THE RESPONDENTS 1 TO 5 TO RESTORE THE REGISTRATION, PERMISSIONS OF GOKULA PUBLIC SCHOOL, T. KAGEPURA, MALAVALLI TALUK, MANDYA DISTRICT SCHOOL UNDER THE GOKULA VIDYA SAMSTHE (R) TO ALLOW SMOOTH FUNCTIONING OF SCHOOL INCLUDING THE PROCESSING OF PENDING APPLICATION BY THE PETITIONER IN ACCORDANCE WITH THE LAW; ETC. IN WP NO.14016/2025 BETWEEN: GOKULA VIDYA SMASTHE (R) (A REGISTERED SOCIETY UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960) REPRESENTED BY ITS SECRETARY, MR. LANKESH L.C., S/O CHANDRU L.K., AGED ABOUT 35 YEARS, SECRETARY OF THE TRUST, KIRUGAVLU POST, MALAVALLI TALUK, MANDYA DISTRICT - 571 430. OWNING AND MANAGING GOKULA HIGHER PRIMARY SCHOOL (PRIVATE UNAIDED), T. KAGEPURA. …PETITIONER (BY SRI. SHYAM PRASAD T.S., ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA REP. THROUGH CHIEF SECRETARY, - 4 - HC-KAR NC: 2025:KHC:22552 WP NO.14009 OF 2025 C/W WP NO.14016 OF 2025 WP NO.14023 OF 2025 ROOM NO.320, 3RD FLOOR, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE COMMISSIONER FOR PUBLIC INSTRUCTION NEW PUBLIC OFFICE, NEAR RBI, NRUPATHUNGA ROAD, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BENGALURU - 560 001. 3. JOINT DIRECTOR (ADMINISTRATION) OFFICE OF THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BENGALURU - 560 001. 4. THE DIRECTOR (PRIMARY EDUCATION) OFFICE OF THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BENGALURU - 560 001. 5. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DDPI (ADMIN), R.P. ROAD, SUBASH NAGAR, MANDYA - 571 401. 6. BLOCK EDUCATION OFFICER MALAVALLI, DEPARTMENT OF EDUCATION, MALAVALLI TALUK, MANDYA DISTRICT - 571 401. …RESPONDENTS (BY SMT. SUKANYA BALIGA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 24TH APRIL, 2025 ISSUED UNDER SECTIONS 38 AND 39 OF THE KARNATAKA EDUCATION ACT, 1983 BY RESPONDENT NO.5, WITHDRAWING THE REGISTRATION OF - 5 - HC-KAR NC: 2025:KHC:22552 WP NO.14009 OF 2025 C/W WP NO.14016 OF 2025 WP NO.14023 OF 2025 THE PETITIONER'S SCHOOL; DIRECT THE RESPONDENTS 1 TO 5 TO RESTORE THE REGISTRATION, PERMISSIONS OF GOKULA PRIMARY SCHOOL (PRIVATE UNAIDED), T. KAGEPURA, SCHOOL UNDER THE GOKULA VIDYA SAMSTHE (R) TO ALLOW SMOOTH FUNCTIONING OF SCHOOL INCLUDING THE PROCESSING OF PENDING APPLICATION BY THE PETITIONER IN ACCORDANCE WITH THE LAW; ETC. IN WP NO.14023/2025 BETWEEN: GOKULA VIDYA SMASTHE (R) (A REGISTERED SOCIETY UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960) REPRESENTED BY ITS SECRETARY, MR. LANKESH L.C., S/O CHANDRU L.K., AGED ABOUT 36 YEARS, SECRETARY OF THE TRUST, KIRUGAVLU POST, MALAVALLI TALUK, MANDYA DISTRICT - 571 430. HAVING ITS REGISTERED OFFICE AT: KIRUGAVALU POST, MALAVALLI TALUK, MANDYA DISTRICT - 571 430. OWNING AND MANAGING GOKULA VIDYASAMSTE, KIRUGAVLU. …PETITIONER (BY SRI. SHYAM PRASAD T.S., ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA REP. THROUGH CHIEF SECRETARY, ROOM NO.320, 3RD FLOOR, VIDHANA SOUDHA, BENGALURU - 560 001. - 6 - HC-KAR NC: 2025:KHC:22552 WP NO.14009 OF 2025 C/W WP NO.14016 OF 2025 WP NO.14023 OF 2025 2. THE COMMISSIONER FOR PUBLIC INSTRUCTION NEW PUBLIC OFFICE, NEAR RBI, NRUPATHUNGA ROAD, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BENGALURU - 560 001. 3. JOINT DIRECTOR (ADMINISTRATION) OFFICE OF THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BENGALURU - 560 001. 4. THE DIRECTOR (PRIMARY EDUCATION) OFFICE OF THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BENGALURU - 560 001. 5. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DDPI (ADMIN), R.P. ROAD, SUBASH NAGAR, MANDYA - 571 401. 6. BLOCK EDUCATION OFFICER MALAVALLI, DEPARTMENT OF EDUCATION, MALAVALLI TALUK, MANDYA DISTRICT - 571 401. …RESPONDENTS (BY SMT. SUKANYA BALIGA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 24TH APRIL, 2025 ISSUED UNDER SECTIONS 38 AND 39 OF THE KARNATAKA EDUCATION ACT, 1983 BY RESPONDENT NO.5, WITHDRAWING THE REGISTRATION OF THE PETITIONER'S SCHOOL; DIRECT THE RESPONDENTS 1 TO 5 TO RESTORE THE REGISTRATION, PERMISSIONS OF GOKULA PRIMARY SCHOOL (PRIVATE UNAIDED), T. KAGEPURA, SCHOOL UNDER THE GOKULA VIDYA SAMSTHE (R) TO ALLOW - 7 - HC-KAR NC: 2025:KHC:22552 WP NO.14009 OF 2025 C/W WP NO.14016 OF 2025 WP NO.14023 OF 2025 SMOOTH FUNCTIONING OF SCHOOL INCLUDING THE PROCESSING OF PENDING APPLICATION BY THE PETITIONER IN ACCORDANCE WITH THE LAW; ETC. THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER In these writ petitions, the petitioner-Institution is assailing the order dated 24th April, 2025 passed by the respondent No.5, withdrawing the recognition in respect of the schools run by the petitioner-Institution. 2. Heard Sri. Shyama Prasad T.S., learned counsel appearing for the petitioner-Institution and Smt. Sukanya Baliga, learned Additional Government Advocate appearing for respondent-Government. 3. Having heard the learned counsel appearing for the parties and on careful examination of the impugned orders dated 24th April, 2025 passed by the respondent No.5, the same would indicate that the recognition of Schools run by the petitioner-Institution has been withdrawn on the ground of unfortunate incident said to have been happened, where two students died and few of the students suffered food poisoning. - 8 - HC-KAR NC: 2025:KHC:22552 WP NO.14009 OF 2025 C/W WP NO.14016 OF 2025 WP NO.14023 OF 2025 In this regard, this Court, by order dated 11th June, 2025, directed the respondent No.5-Deputy Director of Public Instructions (Admin.), Mandya to visit each of the schools run by the petitioner-Institution and file a report on the strength, nature of the facilities and all such matters as may be found necessary by such officer. In furtherance of the same, learned Additional Government Advocate appearing for respondents filed memo dated 18th June, 2025 along with the report of the respondent No.5, which is placed on record. 4. In the backdrop of these aspects, since the impugned orders passed by the respondent No.5 are appealable orders, the petitioner-Institution is directed to approach the competent authority for redressal of its grievance, if so advised, since the efficacious remedy is available for the petitioner- Institution to challenge the impugned orders. It is also made clear that the Government shall take appropriate decision based on the report dated 18th June, 2025 filed by the respondent No.5-Deputy Director of Public Instructions (Admin.), Mandya in accordance with law. It is needless to state that the criminal proceedings were pending consideration - 9 - HC-KAR NC: 2025:KHC:22552 WP NO.14009 OF 2025 C/W WP NO.14016 OF 2025 WP NO.14023 OF 2025 against the petitioner-Institution in respect of the aforementioned incident. With this observation, writ petitions stand disposed of. In view of the disposal of the writ petitions, all pending applications stand disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 22