SRI.LAKSHMI NARASIMHAA SWAMY VIDHYA SAMSTHE (R) v. COMMISSIONER
WP/16548/2025 · 2025-06-11
B M Shyam Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28303 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28303 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:19865 WP No. 16548 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 16548 OF 2025 (EDN-RES) BETWEEN:
SRI. LAKSHMI NARASIMHAA SWAMY VIDHYA SAMSTHE (R) BYLAPPANAMATA, MUDDENAHALLI POST, CHIKKANAYAKANAHALLI TALUK, TUMAKURU DISTRICT-572214 REPRESENTED BY ITS SECRETARY …PETITIONER (BY SRI. GANAPATI S. SHASTRI, ADVOCATE) AND:
1. COMMISSIONER DEPARTMENT OF SCHOOL EDUCATION, NRUPATUNGA ROAD, BENGALURU-560001
2. DIRECTOR, SECONDARY AND HIGHER SECONDARY EDUCATION, COMMISSIONER OFFICE, NRUPATHUNGA ROAD, BENGALURU-560001
Digitally signed by VANAMALA N Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:19865 WP No. 16548 of 2025
3.
DEPUTY DIRECTOR (ADMINISTRATION), PUBLIC INSTRUCTION DEPARTMENT, ZILLA PANCHAYATH, TUMAKURU (S) DISTRICT-572102
4.
BLOCK EDUCATION OFFICER, SCHOOL EDUCATION DEPARTMENT, CHIKKANAYAKANAHALLI TALUK, TUMAKURU DISTRICT-572214 …RESPONDENTS (BY SMT. B. P. RADHA, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER IN NO. C8 (1). SHASHI ASHAMA/2024-25 E 1664041DATED 14.03.2025 PASSED BY THE RESPONDENT NO.2 (ANNEXURE-K AND ALSO LETTER BEARING NO.
EL.KHAA.A.PROU.DAA.HAA.BA.60/2024-25 DATED 28-05-2025 ISSUED BY RESPONDENT NO.4 (ANNEXURE-L); DIRECT THE RESPONDENTS TO PERMIT THE PETITIONER TO RUN SRI. LAKSHMI NARASIMHAA SWAMY HIGH SCHOOL, SITUATED AT BYLAPPANAMATA, MUDDENAHALLI POST, CHI.NA.HALLI TALUK, TUMAKURU DISTRICT.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:19865 WP No. 16548 of 2025
CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has called in question the fourth respondent's Communication dated 28.05.2025. The fourth respondent, in this Communication addressed to the petitioner, has referred to the withdrawal of the recognition vide the order dated 14.03.2025 calling upon the petitioner to ensure that there are no further admissions to the school.
2. Mr. Ganapathi S. Shastri, the learned counsel for the petitioner, submits that this Communication is in the light of the order dated 14.03.2025, which is called in question before this Court in W.P. No.7258/2025, that this Court has allowed this petition directing the authorities to consider the petitioner's representation dated 06.02.2025 and pass appropriate orders. The learned counsel emphasizes that this Court has specifically
directed the authorities to maintain Status Quo until
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HC-KAR NC: 2025:KHC:19865 WP No. 16548 of 2025
such reconsideration, but without compliance with this Court's order, the impugned Communication is addressed in reiteration of the
order dated
14.03.2025.
3. Ms. B. P. Radha, the learned Additional Government Advocate, submits that this Court must take note of the fact that the fourth respondent has referred to this Court's order dated 14.03.2025 in the impugned Communication, and that the only fall out would be that the authority has considered the petitioner's representation filed on 06.02.2025.
4. This Court with little ado must opine that this argument must be accepted. This Court in W.P. No.7258/2025 has specifically directed the fourth respondent to consider the decision to withdraw recognition in the light of the cause that is mentioned in the petitioner's representation dated 06.02.2025 and for due compliance, the fourth respondent should have referred to the cause
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HC-KAR NC: 2025:KHC:19865 WP No. 16548 of 2025
mentioned therein and reasoned why such cause cannot prevail. In the absence thereof, the impugned Communication dated 28.05.2025 [Annexure - L] cannot be sustained. Hence, the following:
ORDER a. The petition is allowed-in-part quashing the fourth respondent's Communication dated
28.05.2025 [Annexure - L] directing the fourth respondent to consider the petitioner's representation dated 06.02.2025 and the reason why the cause mentioned therein cannot inure to the petitioner's advantage.
b. The petitioner is called upon to file a certified copy of this order along with any reply that may be, with the fourth respondent within three [3] weeks from the date of receipt thereof.
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HC-KAR NC: 2025:KHC:19865 WP No. 16548 of 2025
c. It is needless to observe that unless there is due consideration in terms of this Court's order, the parties must, as is directed by this Court in the earlier writ petition in W.P.No.7258/2025 shall maintain Status Quo in all aspects.
Sd/- (B M SHYAM PRASAD) JUDGE
RB