- 1 - NC: 2025:KHC:4864 WP No. 34245 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 34245 OF 2024 (EDN-RES) BETWEEN: SREE BHAIRAVESHWARA VIDYA SAMSTE (R), BHIMASANDRA, TUMAKURU TALUK, TUMAKURU DISTRICT- 572 107, REPRESENTED BY ITS SECRETARY. …PETITIONER (BY SRI. SRIKANTH M P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, PRIMARY AND SECONDARY EDUCATION, M S BUILDING, DR AMBEDKAR VEEDHI, BANGALORE 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, PRIMARY AND SECONDARY EDUCATION, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K R CIRCLE, BANGALORE 560 001. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS SECONDARY EDUCATION, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD K R CIRCLE, BANGALORE 560 001. 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, TUMKUR SOUTH, TUMAKURU- 572 101. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4864 WP No. 34245 of 2024 5. THE BLOCK EDUCATION OFFICER, TUMAKURU TALUK, TUMKURU DISTRICT- 572 101. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR RESPONDNETS) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE ORDER SHOW-CAUSE NOTICE DATED 07.10.2024 AS ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE-T AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER 1. Petitioner seeks for the following prayers: "A. Quash the order Show-cause notice dated 07.10.2024 as issued by the 4th respondent vide Annexure-T bearingNo.Anu2.Ha.Manna.Ba.117/2023- 24/1763. B. Quash the communication dated 25.10.2024 addressed to the 3rd respondent by the 4th respondent vide Annexure-V bearing No.Anu.2.Da.Ha.MaBa.117/2024-25/2019. C. Direct the respondents to consider the letter/communication dated 06.11.2024 addressed by - 3 - NC: 2025:KHC:4864 WP No. 34245 of 2024 the petitioner vide Annexure-W bearing No.Ullekha:S.B.V.S.Re.No.-58/2024-25. D. Direct the respondents to continue the recognition and grant in aid to the institution run by the petitioner management. E. Further direct the respondents to grant necessary permission to fill up the available vacancies of the staff of the institution. F. Pass any order of consequential relief or any other appropriate order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity." 2. Heard learned counsel for the petitioner and learned Additional Government Advocate for the State. 3. The petitioner challenges the show cause notice dated 07.10.2024 calling upon the petitioner institution to show cause the failure to maintain minimum attendance in the year 2023-2024 and failure to submit explanation would revoke the recognition, further assails the internal communication dated 25.10.2025 addressed by - 4 - NC: 2025:KHC:4864 WP No. 34245 of 2024 respondent No.4 to respondent No.3 directing to withdraw the recognition issued to the petitioner-institution. 4. Learned counsel for the petitioner reiterating various contentions raised in the writ petition mainly submits that the institution has enjoyed sufficient strength of students since 1983, the provisions of the Karnataka Education Act, 1983 mandates providing of sufficient opportunity before initiating proceedings for withdrawal of recognition, the show cause notice issued and the communication at Annexure-V issued by respondent No.4 to respondent No.3 directing to withdraw the recognition and grant in aid on depletion of the students' strength is in utter violation of principles of natural justice and clearly indicates that the mindset of respondent No.4 predetermining intending the closure of the institution. 5. Per contra, learned Additional Government Advocate for the State submits that Annexure-V dated 25.10.2024 is an internal communication from respondent No.4 to respondent No.3, indicating that since the - 5 - NC: 2025:KHC:4864 WP No. 34245 of 2024 petitioner-institution has not replied to the show cause notice, appropriate action to be taken. It is brought to the notice of this Court by the learned Additional Government Advocate by filing a memo stating subsequent events that transpired pursuant to the notice issued at Annexure-V, respondent No.3 has issued notice dated 14.01.2025 to the petitioner herein, calling upon to reply within 30 days and the communication issued to the Block Education Officer-respondent No.5 by respondent No.3- Director, Department of Public instructions to proceed in accordance with law. 6. Memo is taken on record. 7. Annexures-T and V are the show cause notices issued to the petitioner, the petitioner has submitted reply dated 06.11.2024 raising several contentions, as the challenge is to the show cause notices in the said circumstances, without adverting to the merits or demerits of the matter, this Court deems it appropriate to direct the respondent No.4 to consider the reply submitted by the - 6 - NC: 2025:KHC:4864 WP No. 34245 of 2024 petitioner without being influenced by the communication dated 25.10.2024 and pass appropriate order strictly in accordance with law within a period of four weeks from the date of receipt of this order, the petitioner -institution is at liberty to place all necessary material in support of their contention, with the said observation writ petition stands disposed of, till such consideration no coercive steps to be taken against the petitioner. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT/MBM List No.: 1 Sl No.: 6