- 1 - NC: 2025:KHC:11149 W.P. No.24180/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.24180/2024 (EDN-RES) BETWEEN: M/S. NATIONAL INSTITUTE OF VALUE EDUCATION A DULY REGISTERED TRUST REP. BY ITS EXECUTIVE DIRECTOR SRI. ALOK .B HAVING ITS REGISTERED OFFICE AT 48/10, 8TH MAIN, 13TH CROSS MOUNT LAYOUT, MALLESWARAM BANGALORE 560003. …PETITIONER (BY SRI. DHANANJAY K.V. ADV.,) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION AND LITERACY M .S. BUILDING DR. AMBEDKAR VEEDHI BANGALORE 560001. 2. THE COMMISSIONER OF PUBLIC INSTRUCTION DEPARTMENT OF SCHOOL EDUCATION AND LITERACY GOVERNMENT OF KARNATAKA NRUPATHUNGA ROAD BENGALURU 560001. 3. CENTRAL BOARD OF SECONDARY EDUCATION REP. BY ITS CHAIRMAN SHIKSHA KENDRA 2 COMMUNITY CENTRE Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:11149 W.P. No.24180/2024 PREET VIHAR DELHI 110092. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1 & R2 SRI. M.R. SHAILENDRA, ADV., FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE KARNATAKA EDUCATIONAL INSTITUTIONS (ISSUE OF NO OBJECTION CERTIFICATE AND CONTROL) RULES, 2022 AS ULTRA VIRES THE KARNATAKA EDUCATION ACT, 1983 AND CONSEQUENTLY TO QUASH AND SET ASIDE THE SAME. DECLARE THAT THE KARNATAKA EDUCATIONAL INSTITUTIONS (ISSUE OF NO OBJECTION CERTIFICATE AND CONTROL) RULES 2022 IS ARBITRARY AND VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION OF INDIA AND TO QUASH IT & ETC. THIS PETITION, COMING ON FOR CAPTION ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "a) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction, declaring 'The Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022' as ultra vires the Karnataka Education Act, 1983, and consequently, to quash and set aside the same; b) Declare that 'The Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022' is arbitrary and violative of Article 14 of the Constitution of India; and to quash it; c) Declare that 'The Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022' imposes unreasonable restrictions on the Petitioner's fundamental right to establish and administer educational - 3 - NC: 2025:KHC:11149 W.P. No.24180/2024 institutions of its choice under Article 19(1)(g) of the Constitution of India, and is therefore liable to be struck down under Article 19(6) thereof; and to strike it down; d) Declare that the Petitioner's school, Basil Woods Nature School, while seeking affiliation with the Central Board of Secondary Education, is not subject to the regulatory framework of the Karnataka Education Act, 1983, except for Sections 5-A, 48,112-A and 124-A as specified in clause (iiia) of Section 1(3) of the said Act; e) Pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case and in the interests of justice". 2. Heard the learned counsel for the petitioner and learned Additional Government Advocate for respondent Nos.1 & 2 and learned counsel for the respondent No.3-CBSE and perused the material on record. When the matter came up for hearing before this Court on 23.09.2024, the following interim order was passed: "Learned Additional Government Advocate accepts notice for respondent Nos.1 and 2. Mr.M.R.Shailendra, learned counsel is directed to accept notice for respondent No.3. List after ensuing Dussehra vacation. Statement of objections to be filed by next date of hearing. In the meanwhile, the respondents are directed not to take any precipitative / coercive steps against the petitioner, till the next date of hearing." - 4 - NC: 2025:KHC:11149 W.P. No.24180/2024 3. Subsequently, during the pendency of the present petition, respondent No.2 - State Government has issued a No Objection Certificate (NOC) for the purpose of permitting the petitioner to apply for affiliation with the respondent No.3- CBSE, as can be seen from the memo of even date filed by the petitioner which reads as under: "2. This No Objection Certificate shall not be construed as a letter of permission, recognition or registration to start a school. The School shall not be started until and unless the CISCE/CBSE, as the case may be, accords affiliation. Starting of pre-primary, primary or secondary classes merely on the basis of this NOC without obtaining prior formal affiliation to CISCE/CBSE is not permissible. However, the institution can start pre-primary, primary, secondary classes after registering and obtaining recognition under the Karnataka Education Act and the rules made there under till it obtains affiliation to CBSE." 4. A perusal of the material on record would indicate that the subject matter of the present petition is a school being run by the petitioner under the name and style of "Basil Woods Nature School", Guni Agrahara Village, Lakshmipura Cross, Banglore North, in respect of which respondent No.2-State Government has issued NOC so as to enable the petitioner to apply for affiliation with the CBSE. - 5 - NC: 2025:KHC:11149 W.P. No.24180/2024 5. In view of the aforesaid facts and circumstances and the subsequent event that has transpired during the pendency of the present petition by virtue of respondent No.2- State Government giving NOC so as to enable the petitioner to apply for affiliation with respondent No.3-CBSE in respect of "Basil Woods Nature School", Guni Agrahara Village, Lakshmipura Cross, Banglore North, without expressing any opinion on the claim of the petitioner as regards the aforesaid reliefs sought for by the petitioner, I deem it appropriate to dispose of the petition reserving liberty in favour of the petitioner to file an application to respondent No.3 for affiliation to CBSE. If such an application is filed within a period of three (03) weeks from today for the academic year 2025-26, respondent No.3-CBSE shall consider the same on merits in accordance with law and pass appropriate orders/take appropriate decision on the same within a period of three (03) weeks from the date of submission of the application/representation. 6. It is further directed that till respondent No.3- CBSE takes appropriate decision on the aforesaid - 6 - NC: 2025:KHC:11149 W.P. No.24180/2024 application/representation to be submitted by the petitioner, none of the respondents shall take any precipitative/coercive steps against the petitioner or the aforesaid educational institution. It is further directed that the various contentions and the questions of law urged by the petitioner in the present petition are kept open and no opinion is expressed on the same. Subject to the aforesaid direction and liberty reserved in favour of the petitioner, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BSR List No.: 1 Sl No.: 4