- 1 - NC: 2025:KHC:15609 WP No. 20699 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 20699 OF 2023 (GM-RES) BETWEEN: 1. SRI G H PRAKASH SON OF SRI HANUMAIAH, PARTNER OF HARSHA HOSPITAL, AGED ABOUT 59 YEARS, RESIDING AT NO. 5971, SMT NILAYA, GOVINDAPPA LAYOUT, SUBHASHNAGAR, NELAMANGALA, BANGALORE - 562123. 2. MRS. SUNANDHA W/O LATE H SHIVAKUMAR PARTNER OF HARSHA HOSPITAL, AGED ABOUT 59 YEARS, NO. 5743, BEHIND PWD QUARTERS, SUBHASH NAGAR, NELAMANGALA, BANGALORE - 562123. …PETITIONERS (BY SRI. D.R. RAVI SHANKAR, SENIOR COUNSEL APPEARING FOR SRI. R. KIRAN, ADVOCATE) AND: 1. CENTRAL BOARD OF SECONDARY EDUCATION (CBSE BOARD) SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, DELHI - 110092 REPRESENTED BY ITS SECRETARY. 2. MEMBER SECRETARY NELAMANGALA PLANNING AUTHORITY 2ND MAIN ROAD, SADASHIVA NAGAR, NELAMANGALA TOWN, NELAMANGALA - 562123 BENGALURU RURAL DISTRICT. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:15609 WP No. 20699 of 2023 3. COMMISSIONER CITY MUNICIAPAL COUNCIL, NELAMANGALA, EARLIER TOWN MUNICIPAL COUNCIL, NELAMANGALA. 4. SUB REGISTRAR, NELAMANGALA SADASHIVA NAGARA, BENGLAURU, NAGARUR, NELAMANGALA, KARNATAKA - 562123. 5. DISTRICT REGISTRAR, BENGALURU RURAL DISTRICT B-89, 3RD FLOOR RAJAJI NAGAR INDUSTRIAL ESTATE, RAJAJINAGAR, BENGALURU KARNATAKA - 560023. 6. OFFICE OF THE DISTRICT FIRE OFFICER KARNATAKA FIRE AND EMERGENCY SERVICES, PEENYA FIRE STATION, BENGALURU - 560058. 7. PRINCIPAL SECRETARY OF GOVERNMENT DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, 2ND GATE, 6TH FLOOR, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 8. DEPUTY DIRECTOR DEPARTMENT OF PUBLIC EDUCATION, NEW PUBLIC OFFICE NEAR-RBI, NRUPATHUNGA ROAD, SAMPANGI RAMA NAGAR, AMBEDKAR VEEDHI, BENGALURU – 560 001. 9. SRI SRINIVASA CHARITABLE AND EDUCATION TRUST NO. 5743, BACK SIDE OF PWD QUATRES, SUBHASHNAGAR, NELAMANGALA, BENGALURU RURAL - 562132 REPRESENTED BY ITS TRUSTEE SRI. S. SHIVAKUMAR. - 3 - NC: 2025:KHC:15609 WP No. 20699 of 2023 10. SRI. S SHIVAKUMAR SON OF SRI SIDDALINGAPPA, AGED ABOUT 53 YEARS TRUSTEE – SRI SRINIVASA CHARITABLE AND EDUCATION TRUST, RESIDING AT NO. 193/4, BYRAVESHWARANAGAR, SONDEKOPPA CIRCLE, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT 562123. 11. SMT. GIRIJA WIFE OF SRI SHIVAKUMAR S AGED ABOUT 45 YEARS TRUSTEE, SRI SRINIVASA CHARITABLE AND EDUCATION TRUST, RESIDING AT NO. 103/4, BYRAVESHWARANAGAR, SONDEKOPPA CIRCLE, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT – 562 123. …RESPONDENTS (BY SRI. M.R. SHAILENDRA, ADVOCATE FOR R-1 SRI. UDAYA HOLLA, SENIOR COUNSEL APPEARING FOR SRI. T. KRISHNA, ADVOCATE FOR R-9, R-10 & R-11 SRI. YOGESH.D. NAIK, ADVOCATE FOR R-2 SRI. S. MAHESH, ADVOCATE FOR R-3) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE SETTING ASIDE THE LETTER DTD 23.12.2021 BEARING NO.CBSE/RO/BLR/EXAM/2021/ SCH-45523 GRANTING THE AFFILIATION BY THE R-1 AS PER ANNX-Q AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:15609 WP No. 20699 of 2023 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek for the following reliefs:- a. Issue a Writ of Certiorari any other appropriate writ by quashing or setting aside the letter dated 23.12.2021 bearing No.CBSE/RO/BLR/EXAM/2021/SCH-45523 granting the affiliation by the Respondent No.1, as per Annexure-Q. b. Issue a Writ of Certiorari any other appropriate writ by quashing and setting aside the Building Safety Certificate issued by Respondent No.3 on 02.03.2023 as per Annexure- T. c. Issue a Writ of Certiorari any other appropriate writ by quashing and setting aside the Fire safety Recommendation issued by Respondent No.6 on 24.01.2023 bearing No.02/FSR/DFO/PFS/2022 as per Annexure-V. d. Issue a Writ of Certiorari any other appropriate writ by quashing and setting aside the Fire compliance certificate issued by Respondent No.6 on 25.01.2023 bearing No.02/CC/DFO/PFS/2023 as per Annexure-W. e. Issue a Writ of Certiorari any other appropriate writ by quashing and setting aside the Certificate dated 02.01.2021 bearing No. LEP-1 CBSE ANU-123/2020/21 issued by Respondent No.8 as per Annexure-X. f. Issue a Writ of Mandamus or any other appropriate Writ directing the Respondent No.4 and 5 to conduct - 5 - NC: 2025:KHC:15609 WP No. 20699 of 2023 appropriate enquiry against Respondent No.10 and 11 for having registered the Annexure No.L (Lease Deed Dated 21.11.20211) and N (Certificate of Land dated 19.05.2014). g. Issue a Writ Mandamus or any other appropriate Writ directing the Respondent No.2 to take appropriate legal action against Respondent No.9 to 11 for violation of Commencement Certificate dated 10.05.2012 bearing No.NPA/CC/233/2011-12 and approved building plan in Annexure-R. h. That in the alternative, and without prejudice to the above, this Hon’ble Court may issue any other writ, order or direction which it deems fit and proper in the interest of justice, equity and good conscience.” 2. Heard learned Senior counsel for the petitioners and learned Senior counsel for respondents 9, 10 and 11 as well as learned counsel for other respondents and perused the material on record. 3. A perusal of the material on record will indicate that various contentions / grievances put forth by the petitioners in the present petition have been taken into account by the 1st respondent-CBSE, who have stated in their statement of objections that due to interim order passed in the present petition, they are not able to proceed further in the matter. - 6 - NC: 2025:KHC:15609 WP No. 20699 of 2023 4. The private respondents 9 to 11 have filed detailed statement of objections for application for vacating stay filed by the 1st respondent - CBSE along with documents; so also, the petitioners have filed rejoinder to the said vacating stay application. 5. In this context, it is relevant to extract paragraph-5 of the vacation of the interim stay application filed by the 1st respondent- CBSE, which reads as under:- (5) This respondent submits that this respondent has to take action against the 9th respondent for submission of fake/forged documents for obtaining affiliation from the Board under the provision of Affiliation Bye-laws 2018. However, as a result of the interim order of this Hon’ble Court dated 26.03.2024 ordering that “pendency of this writ petition will not come in the way of smooth functioning of the Institution, functioning, I mean, whatsoever nature”. This respondent submits that this respondent is not able to take any action against the 9th respondent School as a result of the said interim order of this Hon’ble Court. This respondent is prevented from taking any action against the 9th respondent school even though they have obtained C.B.S.E. affiliation by producing fake/forged documents.” 6. Though several contentions have been urged by both sides in respect of their rival claims, in the light of the specific stance of the 1st respondent – CBSE that it could not proceed - 7 - NC: 2025:KHC:15609 WP No. 20699 of 2023 further in the matter on account of the interim order passed by this Court and in view of urgency in the present petition, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the 1st respondent-CBSE to proceed further in the matter after providing reasonable and sufficient opportunity to the other respondents as well as to the petitioners and hear them and proceed further in the matter as expeditiously as possible. 7. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.