- 1 - NC: 2025:KHC:3681 WP No. 30101 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.30101 OF 2024 (EDN-RES) BETWEEN: NEETHI VIDHYASAMSTHE (REGISTERED) BIJAVARA, MADHUGIRI TALUK, TUMKUR DISTRICT-572132 REPRESENTED BY ITS SECRETARY. ... PETITIONER (BY SRI SURESH BABU B.N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, HIGH EDUCATION, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560009 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DIRECTOR, SECONDARY AND HIGHER SECONDARY EDUCATION, COMMISSIONER OFFICE, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, BENGALURU-560001. 3. DEPUTY DIRECTOR (ADMINISTRATION), SCHOOL EDUCATION DEPARTMENT, ZILLA PANCHAYATH, TUMKUR NORTH, MADHUGIRI, TUMKUR DISTRICT-572132. ... RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R-1 TO R-3) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3681 WP No. 30101 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 08.10.2024 BEARING NO.C8(8)SHASHIAA.MA.RADHUE- 1524477:63/2024-25 ISSUED BY THE SECOND RESPONDENT WHICH IS PRODUCED AND MARKED AS ANNEXURE-A AS WELL AS THE ORDER DATED 22.10.2024 BEARING NO.ANU2.KA.PROU.SHA.DHA. KO.53/2024-25 ISSUED BY THE THIRD RESPONDENT WHICH IS PRODUCED AND MARKED AS ANNEXURE-C. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner is seeking for the following prayers: (a) Issue a writ of certiorari or such other writ or order quashing the notice dated 08.10.2024 bearing No. C9(8)SghaShiAa.Ma.RadhuE- 1524477.63/2024-25 issued by the second respondent which is produced and marked as Annexure-A as well as the order dated 22.10.2024 bearing No.Anu2.KA.Prou.Sha.Dha.Ko.53/2024-25 issued by the third respondent which is produced and marked as Annexure-C. (b) Pass such other suitable order or orders as this Hon’ble Court deems fit to grant under the facts and circumstances of the case in the interest of justice and equity. - 3 - NC: 2025:KHC:3681 WP No. 30101 of 2024 2. Heard learned counsel appearing for the petitioner and the learned Additional Government Advocate appearing for the respondents. 3. The brief facts of the case are that the petitioner established an educational institution in the name of Sri Siddalingeshwara High School at Shettihalli, Madhugiri Taluk. The government had given a grant-in-aid to run the school. It appears that respondent No.2 issued a show cause notice calling upon the petitioner seeking explanation as to why the school affiliation should not be cancelled due to low strength in the admission and the explanation was asked to be submitted to the respondent No.3 and if no explanation was given within time, the same was treated to be ‘No explanation’ and the matter would be proceeded further. The petitioner submitted a reply that the institution run them is not a zero admission as currently there are about 57 students in the school among them, 10 students studying in VIII Std, 21 - 4 - NC: 2025:KHC:3681 WP No. 30101 of 2024 students studying in IX Std and 26 students studying in X Std. 4. The respondent No.3 by an order dated 22.10.2024 directed the Block Education Officer, School Education Department, Madhugiri to take appropriate steps to shift the students to the nearing school as the petitioner did not fulfill the criteria for running the school with the established strength as indicated. The Secretary of the petitioner viz., Yoga Narasimha has filed an undertaking affidavit before this court, which reads as under: 2. I submit that the petitioner is running an aided school named as “Sri Siddalingeshwara High School” at Shettihalli, Madhugiri Taluk. The school is imparting education to the students from 8th to 10th standard in Kannada medium. 3. I submit that the respondent authorities have served a notice on the petitioner to shift the students form the petitioner school to any other school due to the - 5 - NC: 2025:KHC:3681 WP No. 30101 of 2024 shortfall of the required strength of students in the aided institution. In that view of the mater, the petitioner has filed the above petition. I submit that the petitioner may kindly be permitted to run the institution smoothly for the academic year 2024-25 and if required strength is not increased for the academic year 2025- 26, the petitioner undertake to close the aided institution and further the petitioner has no objection for the respondent – authority to shift the students and staff to any other institution of their choice or to take appropriate any other decision. The affidavit is taken on record. 5. It is stated that the petitioner be permitted to run the institution for the academic year 2024-25 as the examinations are been scheduled in the month of February and March 2025 and it is stated in the affidavit that if the required strength is not increased for the academic year 2025-26, the petitioner undertakes to close the aided institution and the petitioner has no objection for the - 6 - NC: 2025:KHC:3681 WP No. 30101 of 2024 respondent - authorities to shift the students and the staff to any other institution of their choice and take appropriate action. 6. The affidavit is taken on record 7. The writ petition stands disposed of in terms of the affidavit in the peculiar facts and circumstances of this case with a observation that this order would not be a precedent and this court pass the following: O R D E R Writ Petition is disposed of directing the respondents to permit the petitioners to run the institution for the academic year 2024-25 and with a further observation that if the required strength is not increased for the academic year 2025- 2026, respondents are at liberty to take appropriate action, in accordance with law. Sd/- ________________________ JUSTICE K.S. HEMALEKHA SS List No.: 1 Sl No.: 58