- 1 - HC-KAR NC: 2025:KHC-D:14150 WP No. 106232 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 106232 OF 2025 (EDN-REG) BETWEEN: 1. DAKSHINA BHARAT HINDI PRACHAR SABHA, POST BOX NO.42, D. C. COMPOUND, DHARWAD-580001, REPRESENTED BY ITS SECRETARY. 2. DBHPS B. D. JATTI COLLEGE OF EDUCATION, BELAGAVI, CIVIL HOSPITAL ROAD, AYODHYA NAGAR, BELAGAVI-590001, BY ITS PRINCIPAL. …PETITIONERS (BY SRI. MALLIKARJUNASWAMY B. HIREMATH, ADVOCATE) AND : 1. UNION OF INDIA, MINISTRY OF EDUCATION, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, REPRESENTED BY ITS SECRETARY, NO.87, PARLIAMENT HOUSE, PARLIAMENT STREET, NEW DELHI-110001. 2. NCTE APPELLATE AUTHORITY, G-7, SECTOR-10 (NEAR SECTOR-10 Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14150 WP No. 106232 of 2025 METRO STATION DWARKA, NEW DELHI-110075, BY ITS DEPUTY SECRETARY (APPEAL). 3. NATIONAL COUNCIL FOR TEACHER EDUCATION SOUTH REGIONAL COMMITTEE, G-7, SECTOR-10, (NEAR SECTOR-10, METRO STATION DWARKA, NEW DELHI-110075, REPRESENTED BY ITS REGIONAL DIRECTOR. 4. GOVERNMENT OF KARNATAKA, DEPARTMENT OF HIGHER EDUCATION ROOM NO 645A, 2ND GATE, 6TH FLOOR,. M. S. BUILDING BENGALURU -01 BY ITS PRINCIPAL SECRETARY. …RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R4; SRI. M. B. KANAVI, ADV. FOR 1; SRI. ANOOP DESHPANDE, ADV. FOR R2& R3; THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 02.06.2025 PASSED BY 3RD RESPONDENT BEARING NO. F.SRC/NCTE/AOSO0602, APSS00538/B.ED/461ST MTG./KA/2025/ 148272 WHICH IS PRODUCED AT ANNEXURE-J AND ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 18.08.2025 PASSED BY RESPONDENT NO. 2 IN APPEAL BEARING NO.APPL SRS 202515178/E-87631 PRODUCED AT ANNEXURE-M AND CONSEQUENTLY ALLOW THE SAID APPEAL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14150 WP No. 106232 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioners, assailing the order dated 02.06.2025 passed by respondent No.3, marked as Annexure-J, and the order dated 18.08.2025 passed by respondent No.2- National Council for Teacher Education Appellate Authority1, marked as Annexure-M. 2. In terms of the order at Annexure-J, the recognition given to the petitioners’ college has been withdrawn. The petitioner filed an appeal before the Appellate Authority, and by the order at Annexure-M, the Appellate Authority dismissed the appeal. 3. It is noticed from the impugned order that the recognition was withdrawn on the premise that, in the year 2008, excess admissions were given to the students by the then management committee of the institution. Except for this finding, there are no other findings relating to any violations of the terms 1 Hereinafter referred to as the ‘Appellate Authority’ - 4 - HC-KAR NC: 2025:KHC-D:14150 WP No. 106232 of 2025 and conditions of the recognition granted to the petitioners’ institution. 4. Learned counsel for the petitioners submits that the institution cannot be ordered to be closed for having violated the norms in the year 2008, especially when it is established that no such violations have occurred after 2008. It is urged that the order passed in 2008, withdrawing recognition, was challenged before this Court, and the same was set aside. 5. Learned counsel appearing for the contesting respondents submits that the Authority was justified in withdrawing the recognition, as the instituted had violated the admission norms in the year 2008. It is further submitted that merely because the management has changed subsequently, the earlier violation committed by the previous management cannot be condoned. 6. This Court has considered the contentions raised at the Bar and perused the records. 7. It is indeed true that the violation noticed in the year 2008 under the previous management is not automatically - 5 - HC-KAR NC: 2025:KHC-D:14150 WP No. 106232 of 2025 erased due to the change in management. However, it is required to be noticed that the earlier order withdrawing recognition on account of excess admissions was set aside by this Court in W.P.No.13832/2011. 8. This being the position, the recognition cannot be withdrawn on the premise that there was violation in the year 2008 relating to excess admissions to the institution. 9. Hence, the following: ORDER a) The writ petition is allowed. b) The order marked at Annexure-J dated 02.06.2025 passed by respondent No.3 and the order marked at Annexure-M dated 18.08.2025 passed by respondent No.2, are set aside. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT-AN List No.: 1 Sl No.: 89