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2025 DAILYLAW 30330 (KAR)

SARVODAYA VIDHYA SAMSTHE (R) v. THE STATE OF KARNATAKA

WP/18950/2025 · 2025-07-01

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23278 WP NO.18950 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.18950 OF 2025 (EDN-RES) BETWEEN: SARVODAYA VIDHYA SAMSTHE (R.) (SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960) YEDAYUR ROAD, TIPTUR, TUMAKURU - 572 210. REPRESENTED BY ITS SECRETARY, SMT. DAKSHAYANI, W/O B. RAMALAH, AGED ABOUT 65 YEARS, MAVUKERI, KORA HOBLI, DEVALAPURA POST, TUMAKURU DISTRICT - 572 138. …PETITIONER (BY SRI. M.V. HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, GOVERNMENT OF KARNATAKA, M.S. BUILDING, BENGALURU - 560 001. 2. THE COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION, NRUPATUNGA ROAD, BENGALURU - 560 001. 3. THE DIRECTOR, DEPARTMENT OF SECONDARY EDUCATION, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23278 WP NO.18950 OF 2025 OFFICE OF THE COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION, NRUPATUNGA ROAD, BENGALURU - 560 001. 4. THE DEPUTY DIRECTOR, DEPARTMENT OF PUBLIC INSTRUCTIONS, TUMAKURU SOUTH DISTRICT, TUMAKURU - 572 101. 5. THE BLOCK EDUCATION OFFICER, TUMKURU TALUK, TUMAKURU - 572 201. …RESPONDENTS (BY SMT. B.P. RADHA, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM DATED 28TH MAY, 2025 ISSUED BY RESPONDENT NO.5 VIDE ANNEXURE-Q; DIRECT THE RESPONDENTS TO CONSIDER THE REQUEST OF PETITIONER'S MANAGEMENT TO CONTINUE THE RECOGNITION OF "J.P. HIGHER PRIMARY SCHOOL" SHARADADEVI NAGAR, TUMAKURU FROM THE ACADEMIC YEARS 2024-25 AND 2025- 26. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER Smt. B.P. Radha, learned Additional Government Advocate accepts notice for respondents. 2. In this writ petition, the petitioner is assailing the official memorandum dated 25th May, 2025 (Annexure-Q) issued by the respondent No.5. - 3 - HC-KAR NC: 2025:KHC:23278 WP NO.18950 OF 2025 3. Smt. B.P. Radha, learned Additional Government Advocate appearing for respondents submitted that the impugned order passed by the respondent No.5 is an appealable order and the petitioner is having an efficacious remedy to challenge the same before the competent authority. 4. In that view of the matter, it is open for the petitioner to challenge the impugned official memorandum dated 25th May, 2025 (Annexure-Q) issued by the respondent No.5 before the competent authority. In the event, if the petitioner challenges the impugned official memorandum before the competent authority within a week from today along with an application, seeking interim measure, the same shall be considered by the competent Appellate Authority, within an outer limit of one week from the date of approaching the competent authority. With this observation writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 52