- 1 - HC-KAR NC: 2025:KHC:40560 WP No. 27022 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 27022 OF 2025 (EDN-RES) BETWEEN: SRI. MALLESHWARA PROUDHA SHAALE, HANGARAHALLI, HOLENARASIPURA TALUK, HASSAN DISTRICT, REP. BY ITS SECRETARY, SRI. GOPALA SWAMY …PETITIONER (BY SRI. R.P. SOMASHEKHARAIAH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPT. OF PUBLIC INSTRUCTIONS, VIDHANA SOUDHA, BENGALURU - 560 001. REP. BY ITS SECRETARY 2. THE COMMISSIONER/DIRECTOR, DEPARTMENT OF PUBLIC INSTRUCTIONS, K. R. CIRCLE, BENGALURU - 560 001. 3. THE DIRECTOR OF SECONDARY EDUCATION, DEPARTMENT OF PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BENGALURU - 560 001. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40560 WP No. 27022 of 2025 4. THE DEPUTY DIRECTOR, DEPT. OF PUBLIC INSTRUCTIONS, HASSAN DIST, HASSAN - 573 220. 5. THE BLOCK EDUCATION OFFICER, DEPT. OF PUBLIC INSTRUCTIONS, HOLENARASIPURA TALUK, HASSAN DISTRICT - 573 220. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI AND QUASH THE ORDER DATED 12/8/2025 IN NO.DPI-CP10CB-4(OTH)/26/2024-25 E-1402194, UNDER ANNEXURE-AC, PASSED BY THE RESPONDENT NO.2 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:40560 WP No. 27022 of 2025 ORAL ORDER In this petition, petitioner seeks the following reliefs: "a. Issue writ in the nature of certiorari and quash the order dtd.12/8/2025 in No.DPI-CP10CB- 4(OTH)/26/2024-25 E-1402194, under Annexure- AC, passed by the respondent No.2. b. Issue such order or direction as may be deemed fit to grant in the circumstances of the case in the interest of justice and equity." 2. Heard Sri.R.P.Somashekharaiah learned counsel for the petitioner, Sri.Manjunath.K learned HCGP for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that in the first instance, the petitioner approached this Court in WP No.1383/2022 which was disposed of vide final order dated 17.11.2022 by directing the respondents to consider the request of the petitioner for renewal of recognition by setting aside the earlier order. In pursuance of the same, the respondents having not taken any steps in this regard, the petitioner once again approached this Court in W.P.No.5975/2024 which was disposed of vide final order dated 09.04.2025 as here under: - 4 - HC-KAR NC: 2025:KHC:40560 WP No. 27022 of 2025 "In this petition, the petitioner seeks the following reliefs: “a. Issue writ in the nature of mandamus directing the respondent No.1 to 5 to renew the recognition of the Petitioners’ Institution, as per the direction issued by the Hon’ble Court, in W.P.No.1383/2022, dated 17/11/2022, by considering the representation dtd.10/10/2023, under Annexure-T and Y to the Writ Petition. b. Issue direction to the respondent No.6 to take necessary steps to allow the students of the petitioner institution to appear for SSLC Examination by considering the representations dtd.10/11/2023 submitted by the petitioner under Annexure-Y1. c. Issue such other order or direction as may be deemed fit to grant in the circumstances of the case in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned HCGP for the respondents and perused the material on record. 3. After arguing the matter for sometime, learned counsel for the petitioner submits that during the pendency of this petition, the petitioner has submitted an application in the prescribed form/format in Form-A to the respondents requesting for renewal of recognition for the academic year 2025-26 and the respondents may be directed to consider the same and take appropriate decision/pass appropriate order, in accordance with law, as expeditiously as possible. 4. Per contra, learned AGA for the respondents submits that if reasonable time is given, the concerned respondents would consider the application of the petitioner and would pass appropriate order, in accordance with law. 5. In view of the aforesaid facts and circumstances, the concerned respondents are hereby directed to consider the - 5 - HC-KAR NC: 2025:KHC:40560 WP No. 27022 of 2025 application filed by the petitioner in prescribed form/format in Form- A, requesting for renewal of recognition for the academic year 2025- 26 and take appropriate decision/pass appropriate order, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 6. Subject to the aforesaid observations and directions, the petition stands disposed of." 4. In pursuance of the said order passed by this Court, the respondents have proceeded to pass the impugned order at Annexure-AC dated 12.08.2025 rejecting the request of the petitioner for renewal of the admission and as such, the petitioner is before this Court by way of the present petition. 5. A perusal of the impugned material on record including the impugned order will indicate that subsequent to this Court passing the aforesaid order in W.P.No.5975/2024 dated 09.04.2025, the respondents have proceeded to pass the impugned order rejecting the request of the petitioner on the ground that the petitioner-Institution did not possess students and infrastructural facilities without even conducting a spot inspection prior to passing the impugned order. Further, since the respondents did not renew the recognition, the petitioner was not in a position to admit students for the academic year 2025-26. In fact - 6 - HC-KAR NC: 2025:KHC:40560 WP No. 27022 of 2025 in its order dated 09.04.2025, passed in W.P.No.5975/2024, this Court took note of the fact that the application for renewal in the prescribed forms/format in Form-A had already been submitted by the petitioner which was not considered by the respondents who also did not conduct any spot inspection prior to passing the impugned order. 6. Under these circumstances, in order to ascertain whether the petitioner-Institution possesses the requisite infrastructure facilities so as to enable the petitioner to admit students for the next academic year, I deem it just and appropriate to set aside the impugned order at Annexure-AC dated 12.08.2025 and remit the matter back to the concerned respondent for reconsideration of the request of the petitioner for renewal of recognition for the next academic year within the stipulated time frame in accordance with law. 7. In the result, I pass the following: ORDER (i) The petition is hereby allowed. - 7 - HC-KAR NC: 2025:KHC:40560 WP No. 27022 of 2025 (ii) The order bearing No.DPI-CPI0C8-4(OTH)/26/2024-25 E-1402194 dated 12.08.2025 at Annexure-AC is set- aside. (iii) The matter remitted back to the respondents for reconsideration of the request of the petitioner for renewal of recognition for the next academic year in accordance with law. (iii) The respondents shall consider the request of the petitioner only for limited/restricted purpose of ascertaining whether the petitioner-Institution possesses all requisite infrastructural facilities by conducting a spot inspection in this regard on 03.11.2025. (iv) Immediately it is further directed that upon conducting a spot inspection, the concerned respondent shall obtain a report and reconsider the request of the petitioner for renewal of recognition for the next academic year and take appropriate decision or pass appropriate orders in accordance with law within a period of one month from 03.11.2025. Sd/- (S.R.KRISHNA KUMAR) JUDGE DS CT:TSM, List No.: 1 Sl No.: 11