- 1 - NC: 2025:KHC:7359 WP No. 24552 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.24552 OF 2024 (EDN-RES) BETWEEN: 1. BETHANY EDUCATIONAL SOCIETY, MANGALORE -2, D.K. DISTRICT, REP. BY CORRESPONDENT. 2. JYOTHI KANNADA PRY. SCHOOL KACHARKANAHALLI, ST. THAMAS TOWN POST, BENGALURU-560084. 3. MADALAI MUTHU .A S/O ANTHONY, AGED ABOUT 49 YEARS, ASSISTANT TEACHER, JYOTHI SCHOOL KACHARKANAHALLI, ST. THAMAS TOWN POST, BENGALURU-560084. 4. CHOWRI PREMA .T D/O THOMAS, AGED ABOUT 40 YEARS, ASSISTANT TEACHER, JYOTHI SCHOOL KACHARKANAHALLI, ST. THAMAS TOWN POST, BENGALURU-560084. 5. THERESAMMA .J D/O JOSEPH, AGED ABOUT 44 YEARS, ASSISTANT TEACHER, JYOTHI SCHOOL KACHARKANAHALLI, ST. THAMAS TOWN POST, BENGALURU-560084. 6. RESHMA .J Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7359 WP No. 24552 of 2024 D/O JOEKIM, AGED ABOUT 46 YEARS, ASSISTANT TEACHER, JYOTHI SCHOOL KACHARKANAHALLI, ST. THAMAS TOWN POST, BENGALURU-560084. … PETITIONERS (BY SRI RAMU K.S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT PRIMARY AND SECONDARY EDUCATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, BENGALURU-560001. 3. DIRECTOR OF PUBLIC INSTRUCTIONS, PRIMARY EDUCATION, OFFICE OF THE COMMISSIONER FOR PUBLIC OFFICES NRUPATHUNGA ROAD, BENGALURU-560001. 4. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, BENGALURU NORTH DISTRICT, M.G. ROAD, BENGALURU-560009. 5. BLOCK EDUCATION OFFICER, BENGALURU NORTH RANGE-III, KAMARAJ ROAD, SHIVAJI NAGAR, BENGALURU-560042. …RESPONDENTS (BY SMT. MAMATHA SHETTY, AGA FOR R-1 TO R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.2 COMMISSIONER VIDE ANNEXURE-R DATED 19.12.2011; DIRECT THE RESPONDENT NO.1 - 3 - NC: 2025:KHC:7359 WP No. 24552 of 2024 DPI TO CONSIDER THE REPRESENTATION DATED 14.10.2023 VIDE ANNEXURE-X AND X1 DATED 25.01.2024 AND ALSO THE ORDER FOR RECOMMENDATION DATED 25.07.2014 VIDE ANNEXURE-S. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for the following reliefs: “a. Issue a writ or order in the nature of writ of certiorari quashing the order passed by the respondent No.2 commissioner vide Annexure-R, dated 19.12.2011. b. Issue a writ of mandamus directing the 1st Respondent DPI to consider the representation dated 14.10.2023 vide Annexure-X and X1 dated 25.01.2024 and also the order for recommendation dated 25.07.2014 vide Annexure-S. c. Issue any other orders/directions as deems fit by this Hon’ble court under the facts and circumstances of the case including the cost of the proceedings in the interest of justice and equity.” 2. Heard the learned counsel for the petitioners and learned AGA for the respondents. - 4 - NC: 2025:KHC:7359 WP No. 24552 of 2024 3. Brief facts of the case are that petitioner No.2 school, namely, Jyoti Higher Primary school is a branch of petitioner No.1-society established in the year 1993-1994, the petitioner school sought permission for starting standard one to four in the vicinity at Bengaluru from the respondents, based on the representation of the petitioner, permission was accorded to run the school from standard one to four. In the year 1997, petitioner No.2 received communication by virtue of a circular dated 14.10.1997 directing to register respective schools under Sections 29, 30, 31 and 33 of the Karnataka Education Act, 1993 (‘the Act’ for short) and as such, the petitioner applied for registration under the said provisions vide letter dated 31.10.1997. 4. Based on the receipt of the application, the registration was accorded to the petitioner-school as per the Act. In terms of the Government order dated 06.10.2007, the petitioner submitted an application for grant-in-aid for the standard one to four, as the - 5 - NC: 2025:KHC:7359 WP No. 24552 of 2024 application for grant-in-aid was not considered by the respondent, the petitioner approached this Court in WP No.21469/2011. The writ petition was allowed, the respondent-Commissioner for Public Instructions was directed to dispose of the appeal within a period of three months from the date of receipt of copy of the order. 5. Respondent No.2 by order dated 19.12.2011 rejected the petitioner’s request for grant-in-aid holding that the petitioner-school is not entitled for grant-in-aid as the school was registered in the year 1999. 6. The contention of the respondent/State is that the school was registered only in the year 1998-1999 and as such, as per the circular dated 06.10.2007, the private school who had started during 1993-1994 will be covered under the grant-in-aid as per the eligibility norms and the petitioner-school is not eligible. 7. Learned counsel for the petitioner submits that the petitioner-school was established in 1993-94 which is - 6 - NC: 2025:KHC:7359 WP No. 24552 of 2024 borne from the records and the conclusion arrived by the authority that the school started in the year 1999 is factually incorrect. The petitioner again submitted representation seeking consideration of grant-in-Aid in view of the fact that the notification dated 6.10.2007 is aptly applicable to the petitioner-institution as school was established/commenced in the year 1993-1994. 8. This Court has carefully considered the rival contentions urged by the learned counsel for the parties and perused the material on record. 9. The notification/circular dated 06.10.2007 as per Annexure-L clearly specifies that the school, established and run continuously for the period from 1987 to 1995, is entitled to grant-in-aid, subject to the criteria and terms and conditions laid down therein. Further, the government by an order dated 08.09.2008 held as under: “4. , 1993-94 1994-95 !"#$% &'( )*+ (,-.# /-0 !"12 !3"4 ( 56 - 7 - NC: 2025:KHC:7359 WP No. 24552 of 2024 7 789 :;( (6) # = >$: 06.10.2007# -:9# @+A( , (7)# = >$: 26.08.2008 # .+6BC$>D =>:6$E$), FG(H - I( $E:J 56 K# LM$NOD P7QR, -5S(+(:J P7T- U 6 @-V V +. 5. -5S(+( :6# :9Y(:- (6) # = >$: 06.10.2007 # -:9# @+A $T:- 5#(H L 7T , -5S(+( :6# :9Y([, -:9# U @+A T -5S(+( :6# (H[+. @ :9 Y( \)0 (--J B. 6. 1993-94 1994-95 !"#$% SG+ &'( ) F+ -[0 I(] 9:J @EO $EO .*$ (,-.# /-0 !"12 !3"4^ 7 789 :;^ (V -$/]# 9:J @EO $EO_ PD6$E$)) -5S(+(:J a9[, (6) # = >$: 06.10.2007 # -:9# @+A $T: 4 #(H, ( , (7)# = >$ 26-8-2008# .+6BC$>D =>:6$E$), FG(H L>7T- I( $E 56 K# LM$N( 78b-J B. 7. (6)# = >$ 6-10-2007# -:9# @+A $T: 6, 7, 8 9# 7cKR d. 7cKR 7$EOD @EO $EO .*$ !"#$%- /-0 !"12 !3"4 ^ 56 7 789 :;^ -5S(+( 7, a9[ (H*- - 8 - NC: 2025:KHC:7359 WP No. 24552 of 2024 I( $E K# 56 LM$N( (6> B, G( \)0, U @+A T -5S(+ 7,, U :$E$), (H*-J B:- () 1993-94 1994-95 !"#$% SG+ &e( )*+ -[0 7cKR d. 7cKR 7$EOD EO $EO .*$ (,-.# /-0 !"12 !3"4 ^ 7 789 :;^ (1) # = >$: 13.09.2002 # -:9# @+A, EzÀ£ÀÄß (4) # = >$: 20.02.2004 # -)6C$>D =>:6$E$), FG 7":# L>7T- K# LM$N( 78b-J B; (@) 1993-94 1994-95 !"#$% &'( ) F+ -[0 7cKR d./7cKR 7$EOD @EO $EO .*$ (,-.# /-0 7 789 :;^ -5S(+(:J a9[, (5) # = >. 7.5.2007 # -:9 @+A -$/] FT 63 gh 2003 #(H L>7T- K# LM$N( 78b-J B. (F) 7cKR d. 7cKR 7$EOD @EO $EO .*$ (,-.# - /-0 !"12 ^, !3"4^ 7 789 :;( -5S(+(:J P7T- 7"( -$M$ -$i^ -- -[0 56 G( 7c- -[0 UD L>7T- jk lR m7C0-J B.” - 9 - NC: 2025:KHC:7359 WP No. 24552 of 2024 10. The petitioner school, having commenced/ started in the year 1993 and continuously functioning without interruption, is not in dispute and falls within the ambit of the above rules and norms. 11. The impugned order at Annexure-R holding that the society was registered in the year 1998-1999 and not entitled to grant-in-Aid is unacceptable, as the notifications dated 06.10.2007 and 08.09.2008 clearly indicate that to provide grant-in-aid to those institutions which have started/commenced from 1987 to 1995 and are running continuously, the notification does not explicitly provide that the school/institution has to be registered, petitioner fulfills the criteria for grant-in-aid in terms of the notification at Annexure-L and hence, this Court pass the following: ORDER i. Writ petition is allowed in part. ii. The impugned order dated 06.02.2012 at Annexure R is hereby quashed. - 10 - NC: 2025:KHC:7359 WP No. 24552 of 2024 iii. Respondent Nos.2 and 3 to consider the representation dated 14.10.2023 and 25.01.2024 for the grant-in-aid to the petitioner-school from standard one to four in terms of the circulars/notifications dated 06.10.2007 and 08.09.2008 and the order of recommendation dated 25.07.2014 within four weeks from the date of receipt of copy of this order. Sd/- _______________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 1