- 1 - HC-KAR NC: 2025:KHC:18689 WP No. 22537 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22537 OF 2023 (EDN-RES) BETWEEN: DIGNITY EDUCATIONAL TRUST NO.551, RAJENDRANAGAR, BANGALORE - 560047 REP BY ITS TRUSTEE, MOHAMMED JAHANGIR …PETITIONER (BY SRI. NAVEED AHMED.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF PRIMARY AND HIGHER SECONDARY EDUCATION VIDHANASOUDHA, BANGALORE - 560001. 2. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION, SOUTH SUB DIVISION, KHALASI PALYA, BANGALORE - 560002 3. BLOCK EDUCATION OFFICER BANGALORE SOUTH DIVISION NO.3 BTM LAYOUT, BANGALORE - 560029. …RESPONDENTS (BY SMT. SUKANYA BALIGA, AGA) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18689 WP No. 22537 of 2023 THIS WP IS FILED UNDER SECTION 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE IMPUGNED ORDER DATED 25/09/2023 ISSUED BY R3 VIDE ORDER NO. A2/PO.PRA.SA.HI/15/2023-24, PRODUCED ANNEXURE- A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER This is the second writ petition by the petitioner. The petitioner's first writ petition is in W.P.No.1076/2023, and the petitioner has filed such petition impugning the notice dated 12.01.2023 issued by the jurisdictional Block Education Officer to close the pre-school run by the petitioner under the name and style 'Happy Kidzee School'. This Court has disposed of the writ petition in W.P.No.1076/2023 by the order dated 17.01.2023. This Court's order in its material part reads as under: "………. Therefore, petitioner is at liberty to make an application with relevant details sought for by the respondent-State with regard to obtaining permission and for shifting the - 3 - HC-KAR NC: 2025:KHC:18689 WP No. 22537 of 2023 school in accordance with rules and regulations under law governing Education Institutions for Pre-Primary School. Since the petitioner is running a Pre-Primary School with the strength of 200 students, till the same is decided by the respondent-State, by virtue of the reply and other documents, respondents shall not take any adverse coercive steps or precipitate action against petitioner in running the school and said application shall be disposed of by the respondent-State within a period of six weeks from the date of filing of such application by the petitioner by furnishing all the details of approval and seeking permission for shifting the school from one place to another place as stated above." The petitioner, in terms of the liberty reserved has indeed applied on 12.06.2023, and the Block Education Officer has caused the Communication dated 22.07.2023 informing the petitioner that the request for permission cannot be considered because it has not installed facilities like CCTV, fire extinguishers and other safety measures while also informing the petitioner that it has not produced - 4 - HC-KAR NC: 2025:KHC:18689 WP No. 22537 of 2023 documents to establish the sital area, and that the construction is approved. In response, the petitioner has written to the Block Education Officer on 05.10.2023 stating compliance. In the meantime, the Block Education Officer has issued the impugned Memorandum dated 25.09.2023 for closure of the school putting up a board on the premises. Mr. Naveed Ahmed, the learned counsel for the petitioner, and Ms. Sukanya Baliga, the learned Additional Government Advocate for the respondents, are heard. This Court must observe from the above that the petitioner's request for permission in terms of the liberty granted by this Court has not been considered for want of certain facilities, and that the petitioner has responded stating that those facilities are put in place. This Court must opine that unless this position is duly verified on inspection, the impugned Memorandum dated 25.09.2023 - 5 - HC-KAR NC: 2025:KHC:18689 WP No. 22537 of 2023 [Annexure-A] cannot be sustained. Therefore, the following: ORDER a. The petition is allowed, and the Memorandum dated 25.09.2023 [Annexure-A] is quashed directing the Block Education Officer, Bengaluru South Division No.3, BTM Layout, Bengaluru [the third respondent], to visit the petitioner's pre-school premises and verify the facilities available in the light of the Communication dated 22.07.2023 and the petitioner's Communication dated 05.10.2023. b. The petitioner is reserved with liberty to file a representation for due compliance along with a certified copy within a week from the receipt of a copy of this order, and the aforesaid Block Education Officer is called upon to visit the - 6 - HC-KAR NC: 2025:KHC:18689 WP No. 22537 of 2023 premises and communicate the reasoned decision to the petitioner within the next four [4] weeks. SD/- (B M SHYAM PRASAD) JUDGE RB