- 1 - HC-KAR NC: 2025:KHC:26813 WP No. 36368 of 2024 C/W WP No. 14232 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.36368 OF 2024 (EDN-RES) C/W WRIT PETITION NO.14232 OF 2023 (EDN-RES) IN WP No. 36368/2024 BETWEEN: 1. MASTER YASHWANTH K. S/O KRISHNAPPA AGE 16 YEARS R/AT KALKERI BANNERGHATTA ROAD - 560083 REPRESENTED BY HIS NATURAL GUARDIAN KRISHNAPPA ALIYAS KRISHNA. …PETITIONER (BY SRI. KARUNAKARA P., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EDUCATION, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU 560 001. 2. CENTRAL BOARD OF SECONDARY EDUCATION HAVING ADDRESS AT SRHIKSHA KENDRA2, COMMUNITY CENTRE, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26813 WP No. 36368 of 2024 C/W WP No. 14232 of 2023 PREET VIHAR, NEW DELHI - 110092. 3. THE BLOCK EDUCATION OFFICER, ANEKAL THALUK, BENGALURU RURAL DISTRICT-562 106. 4. DIRECTOR OF PRIMARY EDUCATION OFFICE, BANGALORE SOUTH DISTRICT, KALASIPALYA, BANGALORE - 560002. 5. DEPUTY DIRECTOR OF PRIMARY SCHOOL EDUCATION, BANGALORE SOUTH DISTRICT, BENGALURU -560001. 6. THE SAMHITHA ACADEMY, LAKSHMIPURA VILLAGE, BANNERUGHATTA ROAD, BANGALORE-560083. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1, R3, R4 & R5; SRI. D.V. SHAILENDRA, ADVOCATE FOR R2; SRI. BADRI VISHAL, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.5 TO IMPLEMENT THE ORDER DATED ISSUED BY THE RESPONDENT NO.3 AND GIVE ADMISSION TO THE PETITIONER IN THE RESPONDENT NO.6 SCHOOL FOR 9TH STANDARD AS PER ANNX-A; AND ETC. - 3 - HC-KAR NC: 2025:KHC:26813 WP No. 36368 of 2024 C/W WP No. 14232 of 2023 IN WP NO. 14232/2023 BETWEEN: 1. THE SAMHITA ACADEMY HAVING ADDRESS AT. #52, LAKSHMIPURA VILLAGE, OFF BANNERGATTA ROAD, JIGANI HOBLI, ANEKAL TALUK, BENGALURU - 560083. REPRESENTED BY ITS PRINCIPAL K.S. JYOTHI. ...PETITIONER (BY SRI. BADRI VISHAL, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S.BUILDING, 2ND GATE, 6TH FLOOR, AMBEDKAR VEEDHI, BENGALURU - 560001. REPRESENTED BY PRINCIPAL SECRETARY. 2. CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) HAVING ADDRESS AT. SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI - 110 092 REPRESENTED BY ITS CHAIRMAN. 3. THE BLOCK EDUCATION OFFICER, ANEKAL, BENGALURU - 562106. - 4 - HC-KAR NC: 2025:KHC:26813 WP No. 36368 of 2024 C/W WP No. 14232 of 2023 4. MASTER YASHWANTH K S/O KRISHNAPPA A. ALIAS KRISHNA AGED ABOUT 15 YEARS, R/AT BANNERGATTA ROAD, JIGANI HOBLI, ANEKAL TALUK BENGALURU - 562106. SINCE MINOR, REP BY HIS FATHER AND NATURAL GUARDIAN, SRI. KRISHNAPPA A. ALIAS KRISHNA. 5. KRISHNAPPA A ALIAS KRISHNA AGED ABOUT 43 YEARS, R/AT BANNERGATTA ROAD, JIGANI HOBLI, ANEKAL TALUK BENGALURU - 572 106. ...RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 & R3; SRI. D.V. SHAILENDRA, ADVOCATE FOR R2; SRI. P. KARUNAKARA, ADVOCATE FOR R4 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE MEMORANDUM DATED 08/06/2023 BEARING NO C5/R T E MA DU 01/2023-24 ISSUED BY THE RESPONDENT NO.3 PRODUCED AT ANNEXURE-A; QUASH THE MEMORANDUM DATED 04/07/2023 BEARING NO C5/R T E MA DU 01/2023-24 ISSUED BY THE RESPONDENT NO.3 PRODUCED AT ANNEXURE -B; DECLARE THAT THE RESPONDENT NO.4 NOT BE PERMITTED / ENTITLED TO PROMOTION TO 9TH GRADE IN THE PETITIONER SCHOOL. - 5 - HC-KAR NC: 2025:KHC:26813 WP No. 36368 of 2024 C/W WP No. 14232 of 2023 THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. The petitioner has sought for a writ of mandamus directing the respondent No.5 to admit the petitioner herein, inter alia sought for a direction to respondent Nos.5 and 6 to pay compensation. 3. Learned Additional Government Advocate appearing for respondent Nos.1 to 3 and 4 and 5, submitted that the petitioner is aged about 16 years and therefore, the Right of Children to Free and Compulsory Education Act, 2009, is not applicable to the petitioner. In that view of the matter, taking into consideration that the aforementioned Act is not applicable to the petitioner, I am of the view that, writ of mandamus would not apply against the respondents herein. - 6 - HC-KAR NC: 2025:KHC:26813 WP No. 36368 of 2024 C/W WP No. 14232 of 2023 4. In so far as payment of compensation is concerned, it is open for the petitioner to seek appropriate relief in accordance with law. 5. In view of dismissal of W.P.No.36368/2024, no further orders are required to be made in W.P.No.14232/2023. 6. Accordingly, both the writ petitions are disposed of. SD/- (E.S.INDIRESH) JUDGE SAC List No.: 1 Sl No.: 63