- 1 - HC-KAR NC: 2025:KHC:18636 WP No. 15588 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 15588 OF 2025 (EDN-RES) BETWEEN: THE AL JAMIA MOHAMADIYAH EDUCATION SOCIETY HAVING ITS HEAD OFFICE AT NO.6/A HAZRAT TERRACE ANNEXE SHAIKH HAFIUDDIN MARG MUMBAI-400008. ALSO AT THE AL-JAMIA MOHAMADIYAH EDUCATION SOCITY THANISANDRA MAIN ROAD, R.K. HEGDE NAGAR, BENGALURU-560077 REP. BY ITS CHIEF EXECUTIVE OFFICER-MR. KHALID MUSHARRUF, S/O R.ABDUL JALEEL, AGED ABOUT 48 YEARS, …PETITIONER (BY SRI. V. B. SHIVAKUMAR.,ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18636 WP No. 15588 of 2025 DEPARTMENT OF SECONDARY EDUCATION, M.S. BUILDING, DR. B.R. AMBEDKAR ROAD, BENGALURU-560001. 2. THE COMMISSIONER, PUBLIC EDUCATION DEPARTMENT, NRUPATHUNGA ROAD, BENGALURU-560001. 3. DEPUTY DIRECTOR (ADM), DEPARTMENT OF SCHOOL EDUCATION BENGALURU SOUTH DISTRICT, KALASIPALYA, BENGALURU-560002. …RESPONDENTS (BY SMT. SUKANYA BALIGA., AGA FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE 14.05.2025 BEARING NO. A8(ANU4)W.P. NO. 30975 OF 2024/39/2024-25 ISSUED BY THE THIRD RESPONDENT DEPUTY DIRECTOR OF SCHOOL EDUCATION, BENGALURU SOUTH DISTRICT, BENGALURU-560002 (ANNEXURE-A) WHICH IS ISSUED CONTRARY TO THE DIRECTIONS ISSUED BY THIS HONBLE COURT IN W.P.NO. 30975/2024 - 3 - HC-KAR NC: 2025:KHC:18636 WP No. 15588 of 2025 (EDN-RES) DATED 06.02.2025 (ANNEXURE-J); QUASH THE 26.05.2025 BEARING NO. A8(ANU4) W.P. NO. 30975 OF 2024/39/2024-25 ISSUED BY THE THIRD RESPONDENT DEPUTY DIRECTOR OF SCHOOL EDUCATION, BENGALURU SOUTH DISTRICT, BENGALURU-560002 (ANNEXURE-N) WHICH IS ISSUED CONTRARY TO THE DIRECTIONS ISSUED BY THIS HONBLE COURT IN W.P.NO. 30975/2024 (EDN-RES) DATED 06.02.2025 (ANNEXURE-J); DIRECT THE THIRD RESPONDENT AUTHORITY NOT TO INTERFERE OR DISTURB THE WORKING OF THE PETITIONER INSTITUTION WHICH IS RUNNING ITS EDUCATIONAL INSTITUTION FOR MORE THAN 30 YEARS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2025:KHC:18636 WP No. 15588 of 2025 ORAL ORDER The petitioner is a Society registered under the provisions of the Societies Registration Act, 1860 [for the State of Maharashtra], and admittedly, the petitioner has been granted recognition by the respondents to run an English Medium School for the first to tenth standards, and the recent renewal of such recognition is from the years 2023-24 to 2027- 28 [as per Annexure-M18]. The petitioner is aggrieved by the third respondent's Notice dated 14.05.2025 [Annexure-A]. 2. The third respondent has issued this notice calling upon the petitioner to show cause against withdrawal of the recognition in exercise of the powers under the provisions of Section 39[1][c] of the Karnataka Education Act, 1983 [for short, 'the Education Act']. The third respondent has referred to certain specific instances [including the possible cloud over the petitioner's title to the property where the - 5 - HC-KAR NC: 2025:KHC:18636 WP No. 15588 of 2025 School is situated] to justify the allegation that the petitioner has misled the Department/the Public/the Parents/Pupil and therefore the recognition must be withdrawn. The petitioner has caused reply to such show cause notice, and it is now placed on record in unison that the third respondent has taken a decision on 30.05.2025 to cancel the petitioner's recognition under the provisions of Sections 34 and 39 of the Education Act. 3. Sri V B Shivakumar, the learned counsel for the petitioner, submits that the third respondent has come under pressure from the rival claimants to the subject property, who have indented upon certain Associations which promote and protect the local language of the State. In elaboration, the learned counsel submits that: [a] the petitioner's school in Bengaluru [the subject matter of the dispute] is situated in a property that is transferred by way of gift by - 6 - HC-KAR NC: 2025:KHC:18636 WP No. 15588 of 2025 Mohammed Azeezuddin, but his children have filed a collusive suit for declaration in O.S. No.4910/2021; [b] the petitioner has challenged this collusive Judgment and decree in O.S. No.25314/2024; [c] the persons who have thus initiated the proceedings have also tried to coerce the petitioner in filing the writ petition in W.P. No.30975/2024 seeking directions to the Authorities to dispose of their complaints; [d] this Court has disposed of the writ petition on 06.02.2025 observing that this complainant has not established a legal right to be entitled for a writ of mandamus. 4. As regards the discrepancies that are mentioned in the impugned Show Cause Notice and the Order dated 30.05.2025, Sri V B Shivakumar submits that these are certain bona fide - 7 - HC-KAR NC: 2025:KHC:18636 WP No. 15588 of 2025 typographical errors in describing the petitioner in certain communication, but those errors do not justify the extreme consequence of withdrawal of recognition. The learned counsel proposes to emphasize that if the impugned Show Cause Notice is vitiated, the order dated 30.05.2025 to cancel the petitioner's recognition under the provisions of Sections 34 and 39 of the Education Act must also fail. 5. However, the learned counsel cannot dispute that the petitioner has an alternative remedy under Section 130 of the Education Act and the Appellate Authority can verify each of the circumstances to redress the petitioner's grievance. This takes this Court to the next question viz., the interim arrangement that must be with the petition being disposed of with liberty to the petitioner to avail the appellate remedy as against the order dated 30.05.2025. - 8 - HC-KAR NC: 2025:KHC:18636 WP No. 15588 of 2025 6. Sri V B Shivakumar submits that there are more than 1,500 students enrolled with the petitioner and the recognition but for the present proceedings would be valid until completion of the academic year 2027-28 and that there are no allegations insofar as the compliance with the curriculum or the infrastructure that must be in place. 7. Smt Sukanya Baliga, the learned Additional Government Advocate, is heard in the light of these assertions as is Smt. P Varalakshmi Nagaraj, the learned counsel who states that she has entered caveat on behalf of the complainant and that the present proceedings are at this complainant's instance. These learned counsel submit that there are multiple proceedings, including criminal proceedings and therefore, this Court may not grant any indulgence. - 9 - HC-KAR NC: 2025:KHC:18636 WP No. 15588 of 2025 8. At this stage, when the Appellate Authority, at the petitioner's instance, must examine the merits of the Order dated 30.05.2025, this Court must consider the following circumstances. The consequence of withdrawal of recognition is an extreme action especially when it is not disputed that the petitioner's school is functioning for over decades and possesses recognition that is valid for the next three academic years. Further, it is not seriously disputed that this School has more than 1,500 students on its rolls. 9. The Appellate Authority will have to examine, amongst others, the afore circumstances and whether indeed it could be said that the petitioner has no interest in the property where the School building is situated when a civil dispute is pending consideration. This Court is also of the opinion that, with the allegation that the third respondent is brought under duress after failed - 10 - HC-KAR NC: 2025:KHC:18636 WP No. 15588 of 2025 efforts in the earlier civil proceedings and the writ petition in W.P. No.30975/2024, the petitioner's school cannot be shut down exposing the students to uncertainty unless a very strong case is established. The Appellate Authority will have to holistically consider all the circumstances for the final outcome and also the interim arrangement so that such decision dispels all apprehension of extraneous considerations. As such, the following: ORDER [A] The petition stands disposed of reserving liberty to the petitioner to avail appellate remedy under Section 130 of the Education Act as against the Order dated 30.05.2025 within the next four [4] weeks from today. [B] The operation of the Order dated 30.05.2025 is stayed observing that all questions must be thoroughly - 11 - HC-KAR NC: 2025:KHC:18636 WP No. 15588 of 2025 examined by the Appellate Authority if the petitioner avails such remedy in terms of the liberty reserved. [C] This order staying the operation of the order dated 30.05.2025 shall be in force till the disposal of the appeal that the petitioner may prefer within four [4] weeks as now permitted unless opined otherwise by the Appellate Authority by a reasoned order. Sd/- (B M SHYAM PRASAD) JUDGE AN/-