- 1 - NC: 2025:KHC:6465 WP No. 30049 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 30049 OF 2019 (GM-RES) BETWEEN: 1. PRESIDENCY SCHOOL BANNERUGHATTA ROAD, BANGALORE NORTH, BENGALURU-560 076. REPRESENTED BY ITS PRINCIPAL, MS.BHUVANESHWARI, D/O R.JAYARAMAN, AGED ABOUT 56 YEARS. 2. MANAGEMENT PRESIDENCY SCHOOL, BANNERUGHATTA ROAD, BENGLAURU NORTH, BENGALURU-560 076. REPRESENTED BY ITS SECRETARY, MR.NISSAR AHMED, S/O LATE MEHMOOD AHMED, AGED ABOUT 63 YEARS. …PETITIONERS (BY SMT. FARAH FATHIMA., ADVOCATE) AND: 1. KARNATAKA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS, O/A. 4TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD, RANI CHENNAMMA CIRCLE, BENGALURU-560 002. REPRESENTED BY CHAIRPERSON. Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6465 WP No. 30049 of 2019 2. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (SOUTH), DEPARTMENT OF EDUCATION, NO.12, DISPENSARY ROAD, OPPOSITE KIM'S HOSPITAL, KALASIPALAYAM, BENGALURU-560 002. 3. B.E.O. (S-4) DEPARTMENT OF EDUCATION, BTM LAYOUT, 1ST STAGE, BENGALURU-560 029. 4. PARENTS ASSOCIATION, REPRESENTED BY SAROJINI.K & OTHERS, NO.100, 1ST CROSS, ROYAL MERIDIAN LAYOUT, BEGUR-D.C.HALLI ROAD, BENGALURU-560 068. …RESPONDENTS (BY SMT. GEETHA.M., ADVOCATE FOR R1; SRI. MANJUNATHA RAYAPPA., AGA FOR R2 & 3; SRI. C.SUNIL KUMAR., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Smt.Farah Fathima., counsel for the petitioners and Sri.Manjunatha Rayappa., AGA for respondents 2 and 3 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated:14.06.2019 passed on - 3 - NC: 2025:KHC:6465 WP No. 30049 of 2019 25.06.2019 in bearing No.KSCPCR/039/04/2019/244 passed by respondent No.1 against the petitioners vide Annexure-A, to quash the notice dated:04.07.2019 in bearing No.A4/KhaPra Sha/Presidency.Doru/165/18-19 issued by respondent No.3 to petitioners vide Annexure-B and to quash the complaint dated:02.04.2019 submitted on 03.04.2019 filed by respondent No.4 before respondent No.1 against the petitioner vide Annexure-C. 3. Counsel for the respective parties urged several contentions. Counsel Smt.Farah Fathima., placed reliance on the decision in RASHMI EDUCATION TRUST VIDYANIKETAN SCHOOL AND OTHERS V/S. THE STATE OF KARNATAKA AND OTHERS reported in 2023(2) AKR 473. She argued by saying that in the said decision, this Court, has held that the Sections 2(11-A), 48 and 124-A of the Karnataka Education Act to be ultra vires in respect of the private unaided educational institutions. She vehemently contended that the petitioners are a private unaided institutions. Hence, the recommendations made by the Commission are unsustainable in law. - 4 - NC: 2025:KHC:6465 WP No. 30049 of 2019 Heard the arguments and perused the Writ papers with care. 4. I have perused the decision referred by the counsel for the petitioners with care. This Court has held that Sections 2(11-A), 48 and 124-A of the Karnataka Education Act are ultra vires in respect of the private unaided educational institutions. The petitioner being private unaided educational institution, the commission could not have made recommendations. Hence, the recommendations made by the Commission cannot be sustained. Accordingly, they are liable to be quashed. 5. The Writ of Certiorari is ordered. The order dated:14.06.2019 passed on 25.06.2019 in bearing No.KSCPCR/039/04/2019/244 passed by respondent No.1 against the petitioners vide Annexure-A, the notice dated:04.07.2019 in bearing No.A4/KhaPra Sha/Presidency. Doru/165/18-19 issued by respondent No.3 to petitioners vide Annexure-B and the complaint dated:02.04.2019 submitted on 03.04.2019 filed by respondent No.4 before respondent No.1 against the petitioner vide Annexure-C are quashed. - 5 - NC: 2025:KHC:6465 WP No. 30049 of 2019 6. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 28