- 1 - HC-KAR NC: 2025:KHC:52363 WP No. 34660 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 34660 OF 2025 (EDN-RES) BETWEEN: SRI MARUTHI VIDYA MANDIRA HIGH SCHOOL MANAGED BY THE SRI MARUTHI EDUCATION TRUST HAVING ITS OFFICE AT KANNAMANGALA VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. REP BY ITS CHAIRMAN SRI.K.SRINIVASA, S/O LATE KRISHNAPPA, AGED ABOUT 66 YEARS, R/AT KANNAMANGALA VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT- 562110 R/W INDIAN TRUST ACT, 1882 …PETITIONER (BY SRI. KRISHNA GOWDA B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION M.S.BUILDING, BANGALORE-560 001. 2. THE COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTIONS, K.R.CIRCLE, BANGALORE-560 001. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52363 WP No. 34660 of 2025 3. THE DIRECTOR, DEPARTMENT OF PUBLIC INSTRUCTIONS, PRIMARY EDUCATION, NRUPTHUNGA ROAD, K.R.CIRCLE, BANGALORE-560 001. 4. THE DIRECTOR, KARNATAKA SCHOOL EXAMINATION AND ASSESSMENT BOARD MALLESWARAM BANGALORE- 560 003 5. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DEVANAHALLI TALUK, D.C.OFFICE BUILDING, DEVANAHALLI- 562110. 6. THE BLOCK EDUCATION OFFICER, DEVANAHALLI TALUK, GURU BHAVANA, DEVANAHALLI- 562110. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT ISSUED BY THE R4 DATED 18.10.2025 AT ANNX-A 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 ORAL ORDER In this petition, the petitioner seeks the following reliefs: - 3 - HC-KAR NC: 2025:KHC:52363 WP No. 34660 of 2025 "a. Issue a Writ, of Certiorari or similar writ or direction to quash the Endorsement issued by the Respondent No.4 dated 18/10/2025 at Annexure-A, bearing No J£ï.3/±Á.ºÉ.3/614,523/2025-26/44 b. Issue a Writ of mandamus or similar writ or order or directions to the Respondent No.4 to incorporate the name of the Petitioner School as Sri Maruthi Vidya Mandira High School instead of Karnataka Public High School, Vishwanathapura with respect to the individual marks cards of the students produced vide in Annexure-B. c. Grant such other relief/s that this Hon'ble court deems fit to be grant in the facts and circumstances of the case, in the interests of justice and equity." 2. Heard the learned counsel for the petitioner, learned HCGP for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner having been conducting classes from I to X standard under the respondent - SSLC Board, permission for conducting classes and renewal of recognition in favour of the petitioner's institution was continued upto the academic year 2024-25. Subsequently, since the petitioner obtained affiliation to CBSE - 4 - HC-KAR NC: 2025:KHC:52363 WP No. 34660 of 2025 Board, the recognition of the petitioner's institution was not renewed in relation to SSLC Board for the academic year 2025-26. In this regard, respondent No.3 issued a communication to respondent No.5 intimating him that the petitioner's institution had been permitted and recognized to conduct classes upto X standard under the SSLC Board for the academic year 2024-25 and directed petitioner not to continue with classes of the SSLC Board from 2025-26 onwards. 4. It is the grievance of the petitioner that though the students of the petitioner's institution as enumerated in Annexure-B comprising of 34 students completed their SSLC examination for the academic year 2024-25, which were conducted in April-May, 2025, SSLC Marks Card indicates the name of Government school i.e., Karnataka Public High school, which deserves to be deleted and the name of the petitioner's institution deserves to be inserted in the all the SSLC Marks Card in respect of all the 34 students as enumerated in the list at Annexure-B and since the respondents instead of doing so, the respondents proceeded to issue the impugned endorsement, which deserves to be quashed stating that there is no recognition for the petitioner's institution for the - 5 - HC-KAR NC: 2025:KHC:52363 WP No. 34660 of 2025 academic year 2024-25 and as such, the petitioner is before this Court by way of the present petition. 5. Learned counsel for the petitioner in support of his submission, places reliance upon the judgment of this Court in W.P.No.24119/2024 dated 20.11.2025, wherein it is held as under: "In this petition, petitioner seeks for the following reliefs: "(1) Issue a Writ of Mandamus or any other Writ, or Order and direct respondents No.2 to 4 to consider the representation dated: 22-07-2024 vide Annexure-A without any further delay and (2) Set-aside / quash the notice dated: 05-07-2024 bearing G2Anu.Shale.Ho/36/2024 (vide Annexure - B) and hand written report dated: 06-08-2024 (vide Annexure-H), (3) to pass any such other orders or directions as this Hon'ble court deems fit to pass in the facts and circumstances of the case in the interest of justice and equity." 2. A perusal of the material on record will indicate that the petitioner established and has been running a school under the name and style 'Sri Ramakrishna Vidyalaya School' at Hosanagar, Shivamogga District since 1999. After obtaining necessary No Objection Certificate (NOC) from the respondents-State, the petitioner obtained affiliation for CBSE with the CBSE Board in the year 2020, which permitted the petitioner to run classes in the CBSE Board also. Subsequently, respondent No.3 issued a show-cause - 6 - HC-KAR NC: 2025:KHC:52363 WP No. 34660 of 2025 notice dated 05.07.2024 calling upon the petitioner to show cause as to why the name of the petitioner's school should not be removed from the recognized school list. The proposed action was premised on the ground that having obtained affiliation with the CBSE Board, the petitioner is not entitled to run classes under both the CBSE and SSLC Boards, in view of the CBSE bye-laws, the relevant CBSE Notification and also the Circular dated 07.09.2022 issued by the State Government. Aggrieved by the impugned show- cause notice and seeking other reliefs, petitioner is before this Court by way of the present petition. 3. Heard learned Senior counsel for the petitioner and learned AAG for the respondents and perused the material on record. 4. By order dated 04.09.2024, this Court passed the following order:- "Learned AGA accepts notice for respondents. Copies to be served. Re-list on 19.09.2024. In the meanwhile, there shall be an interim order of stay of Annexure-B and Annexure-H as prayed for by the petitioner in the petition till the next date of hearing. Liberty is reserved in favour of respondents to seek vacation / modification of this order." 5. Learned Senior counsel for the petitioner submits that having regard to the fact that the petitioner had obtained CBSE affiliation in the year 2020, the subsequent - 7 - HC-KAR NC: 2025:KHC:52363 WP No. 34660 of 2025 Memorandum dated 07.09.2022 would not be applicable to the petitioner's school since the said Memorandum would be prospective and not retrospective and would not apply to the petitioner's school. It is also submitted that in the event the petitioner was found to be violative of any of the CBSE Board Circular, Notification, regulation etc,. it is for the CBSE Board which had actually against the petitioner and the absence of any provision in the Karnataka Education Act or the Rules made under, the respondents did not have jurisdiction or authority of law to treat the petitioner's school as an unrecognized Institution and consequently, the impugned show-cause notice dated 05.07.2024 is illegal and arbitrary and deserves to be quashed. 5.1 Learned Senior counsel for the petitioner further submits that the petitioner would run the classes under the SSLC Board as well as CBSE Board without causing any inconvenience or hardship and the students are studying independently and separately under both the Boards without causing inconvenience and in accordance with law. 6. Per contra, learned AAG for the respondents submits that as per the CBSE rules, regulations, bye-laws, guidelines, etc., and the Memorandum dated 07.09.2022, having obtained affiliation from the CBSE Board, the petitioner would not be entitled to run the classes for both CBSE and SSLC in the same building and there is no merit in the petition and the same is liable to be dismissed. - 8 - HC-KAR NC: 2025:KHC:52363 WP No. 34660 of 2025 7. I have given my anxious consideration to the rival submissions made and perused the material on record. 8. A perusal of the Memorandum dated 07.09.2022 will indicate that the same has been issued on 11.09.2022, which is much later than the recognition, registration and permission granted in favour of the petitioner to run SSLC classes under the CBSE Board, which was in the year 1999. It is also relevant to state that much prior to the aforesaid Memorandum dated 07.09.2022 issued by the State Government, the petitioner has obtained affiliation from the CBSE Board in the year 2020. It follows therefrom that the said Memorandum produced at Annexure-R6 in the connected W.P.No.19848/2025 would be prospective in nature and not retrospective so as to effect the validity of affiliation granted in favour of the petitioner by the CBSE or the right of the petitioner to continue to run classes under the SSLC Board in its school premises. 9. Under these circumstances, I am of the considered opinion that the said Memorandum dated 07.09.2022 being evidently not applicable to the petitioner's school, the impugned show-cause notice purporting to treat the petitioner's school as an unrecognized is clearly illegal, arbitrary and contrary to the provisions of the Karnataka Education Act and Rules made thereunder and the same deserves to be quashed. 10. Insofar as the contention urged by the learned AAG, the CBSE bye-laws, regulations, rules, notification, - 9 - HC-KAR NC: 2025:KHC:52363 WP No. 34660 of 2025 etc., prohibit a school from running classes under both the Boards by way of dual affiliation is concerned, it is needless to state in the absence of corresponding rules or regulations in the Karnataka Education Act or the Rules and the fact that the petitioner had obtained CBSE affiliation in the year 2020, much prior to Memorandum dated 07.09.2022, the respondents-State cannot place reliance upon the CBSE Notification, bye-laws, etc., for the purpose of treating the petitioner's school as unrecognized and the impugned show- cause notice deserves to be quashed on this ground also. 11. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The impugned show cause notice at Annexure-B dated 05.07.2024 is hereby set aside. (iii) The Karnataka SSLC Board is directed to delete the name of the schools shown in the marks card of the students of the petitioner - School and replace the same with the name of the petitioner's school in all the SSLC marks card of all the students and issue fresh marks card within a period of two weeks from the date of receipt of a copy of this order. (iv) In view of the present order, the respondents are directed to renew the recognition of the petitioner's school for the academic year 2024-25 and 2025-26 by issuing necessary documents in this regard, subject to compliance of other statutory requirements. - 10 - HC-KAR NC: 2025:KHC:52363 WP No. 34660 of 2025 (v) Insofar as academic year 2026-27 is concerned, liberty is reserved in favour of the petitioner to file an application seeking renewal of the recognition, which shall be considered by the concerned respondents in accordance with law." 6. Per contra, learned HCGP submits that there is no merit in the petition and the same is liable to be dismissed. 7. As rightly contended by the learned counsel for the petitioner, a perusal of the communication at Annexure-J dated 01.04.2025 issued by respondent No.3 to respondent No.5 will indicate that the petitioner's institution has been granted permission to run classes under the SSLC Board for the academic year 2024- 25 and recognition of the petitioner's institution in this regard has been directed to be renewed. The said communication also states that only insofar as academic year 2025-26 is concerned, the petitioner would not be entitled to conduct classes since the petitioner had obtained affiliation from the CBSE Board. It follows there from that, list of students whose names are enumerated in Annexure-B having taken the SSLC examination for the academic year 2024-25, which were conducted in the year April-May,2025, - 11 - HC-KAR NC: 2025:KHC:52363 WP No. 34660 of 2025 the SSLC Marks Card of the said students who studied in the petitioner's institution, would necessarily have to reflect the name of the petitioner's institution and not the name of the Government school i.e., Karnatka Public High School and consequently, the impugned endorsement at Annexure-A dated 18.10.2025 issued by respondent No.4 without taking into account the aforesaid facts and circumstances, deserves to be quashed and necessary directions are to be issued to the respondents in this regard. 8. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned endorsement dated 18.10.2025 at Annexure-A passed by respondent No.4, is hereby set aside. (iii) Respondent No.4 is directed to delete the name of Karnataka Public High School, Viswanathappura, Devanahalli Taluk, Bangalore District in the all the SSLC Marks Card at Annexure - B series as per the - 12 - HC-KAR NC: 2025:KHC:52363 WP No. 34660 of 2025 names enumerated in the said list and substitute and insert the name of the petitioner's institution in all SSLC Marks Card and issue fresh Marks Cards in favour of all the students by showing the name of the petitioner's institution in all the SSLC Marks Card, within a period of two weeks from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 1 Sl No.: 12 CT:PS