- 1 - NC: 2025:KHC:8331 WP No. 5525 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.5525 OF 2025 (EDN-RES) BETWEEN: JAYAPRAKASH NARAYAN VIDYA SAMSTHE ® IGOOR, DAVANAGERE TALUK AND DISTRICT-577512 REP. BY ITS SECRETARY P.D. JYOTHI BIN DURUGAPPA. ... PETITIONER (BY SRI RAMESH M.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, 6TH FLOOR, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DIRECTOR (SECONDARY EDUCATION), DEPARTMENT OF SCHOOL EDUCATION, OFFICE OF THE COMMISSIONER, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, BENGALURU – 560 001. 3. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, (ADMIN) DEPARTMENT OF SCHOOL EDUCATION, DAVANAGERE DISTRICT – 577 002. 4. BLOCK EDUCATION OFFICER, DEPARTMENT OF SCHOOL EDUCATION, NORTH ZONE, DAVANAGERE – 577 002. ... RESPONDENTS (BY SMT. NAVYASHEKAR, AGA FOR R-1 TO R-4) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8331 WP No. 5525 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO THE IMPUGNED MEMORANDUM BEARING NO.AA8.ANU.KHA.PROUSHAKHA.HU.BA.83/2017-18, DATED 21.02.2025 ISSUED BY THE R-4 IS HEREBY PRODUCED AND MARKED AS ANNEXURE-E PERUSE, AND SET ASIDE THE SAME AS ILLEGAL, WITHOUT APPLICATION OF MIND, ARBITRARY, AND STIGMATIC AND PERMIT THE SSLC STUDENTS TO TAKE UP THEIR EXAMS AS USUAL IN THE PETITIONERS SCHOOL IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner is seeking for the following prayers: “a) Call for records pertaining to the impugned Memorandum Bearing No.Aa8.Anu.Kha.ProuShaKha.Hu. Ba.83/2017-18, dated 21.02.2025 issued by the 4th Respondent, is hereby produced and marked as ANNEXURE-E, peruse, and set aside the same as illegal, without application of mind, arbitrary, and stigmatic and permit the SSLC students to take up their exams as usual in the petitioner’s school in the interest of justice and equity. b) Consequently direct the respondents to consider the application for renew of recognition dated 25.10.2024 ANNEXURE-B. AND - 3 - NC: 2025:KHC:8331 WP No. 5525 of 2025 c) Pass any suitable orders or directions to the respondents n the circumstances of the case including the cost of the proceedings.” 2. Heard the learned counsel appearing for the petitioner and the learned AGA for the respondents. 3. Learned counsel for the petitioner drawing the attention of this Court to Annexure-E-the impugned order submits that respondent Nos.3 and 4 have proceeded to take action against the petitioner and respondent No.4 had issued a memorandum in spite of an interim order passed by this Court in W.P. No.3505/2025. 4. Learned counsel for the petitioner submits that pursuant to the impugned order, respondent No.4 is transferring / tagged the students of the petitioner-school to different schools for writing the SSLC examination. 5. Learned AGA files a memo along with the communication dated 24.02.2025 issued by the BEO, Davanagere, to the DDPI, Davanagere, intimating the office of the DDPI, Davanagere that the students from the - 4 - NC: 2025:KHC:8331 WP No. 5525 of 2025 petitioner-institutions not to be tagged / transferred to another school pursuant to the order passed at Annexure-E. 6. The memo filed by the learned AGA is taken on record, the relevant portion of the communication dated 24.02.2025 reads as under: “DzÀgÀAvÉ ¸ÀzÀj ±Á¯ÉAiÀÄ J¸ï.J¸ï.J¯ï.¹ «zÁåyðUÀ¼À mÁåUï ªÀiÁqÀ®Ä PÀæªÀĪÀ»¸ÀÄwÛgÀĪÁUÀ G¯ÉèÃR(5) gÀ°è vÁªÀÅ zÀÆgÀªÁt PÀgÉ ªÀiÁr ¸ÀzÀj ±Á¯ÉAiÀÄ J¸ï.J¸ï.J¯ï.¹ «zÁåyðUÀ¼À£ÀÄß ¨ÉÃgÉ ±Á¯ÉUÉ mÁåUï ªÀiÁqÀªÀÅzÀjAzÀ £ÁåAiÀiÁAUÀ ¤AzÀ£É DUÀĪÀ ¸ÀA¨sÀªÀ«gÀĪÀÅzÀjAzÀ PÀÆqÀ¯Éà ¨ÉÃgÉ ±Á¯ÉUÉ ªÀÄPÀ̼À£ÀÄß mÁåUï ªÀiÁqÀĪÀ PÁAiÀÄðªÀ£ÀÄß ¸ÀÜVvÀUÉƽ¸À®Ä ¸ÀÆa¹gÀĪÀÅzÀjAzÀ ¸ÀzÀj ±Á¯ÉAiÀÄ J¸ï.J¸ï.J¯ï.¹ «zÁåyðUÀ¼À£ÀÄß ¨ÉÃgÉ ±Á¯ÉUÉ mÁåUï ªÀiÁqÀĪÀ PÁAiÀÄðªÀ£ÀÄß ¸ÀÜVvÀUÉƽ¸À¯ÁVzÉAiÉÄAzÀÄ vÀªÀÄä CªÀUÁºÀ£ÉUÉ vÀgÀ§AiÀĸÀÄvÉÛãÉ.” 7. This Court by way of an interim order in WP No.3505/2025 passed the following order: “There shall be a stay of the operation and execution of the order dated 07.01.2025 passed by the second respondent. The respondents herein are directed forthwith to open the sealed school doors and permit the - 5 - NC: 2025:KHC:8331 WP No. 5525 of 2025 petitioner to continue the school pending consideration of this writ petition.” 8. In view of the communication dated 24.02.2025, the prayer sought in the writ petition would not fall for consideration, accordingly, the writ petition stands disposed of with a direction to respondent No.3- DDPI not to take any further action, pending final outcome of W.P. No.3505/2025. Sd/- _______________________ JUSTICE K.S. HEMALEKHA ykl List No.: 3 Sl No.: 2