- 1 - NC: 2025:KHC-D:2026 WP No. 103429 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103429 OF 2024 (EDN-RES) BETWEEN: SEVA ASHRAMA TRUST REGISTERED VISHAL NAGAR, OLD HUBLI-580024, TQ: HUBLI, DIST: DHARWAD, REPRESENTED BY ITS PRESIDENT, DURGAPPA S/O. DURGAPPA MECHANNAVAR, AGE: 63 YEARS, OCC: PRESIDENT, SEVA ASHRAMA TRUST REGISTERED VISHAL NAGAR, OLD HUBLI, TQ: HUBLI, DIST: DHARWAD-580001. …PETITIONER (BY SRI. NANDISH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, FOR PRIMARY AND SECONDARY EDUCATION, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE ADDITIONAL COMMISSIONER FOR PUBLIC INSTRUCTIONS, DHARWAD, TQ: AND DIST: DHARWAD-580001. 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, (ADMINISTRATION), DHARWAD, TQ AND DIST: DHARWAD-580001. 4. THE BLOCK EDUCATION OFFICER, HUBBALLI RURAL ZONE, HUBBALLI-580001. GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2026 WP No. 103429 of 2024 5. ASSISTANT DIRECTOR, (MID-DAY-MEALS), ZILLA PANCHAYATH, HUBBALLI-DHARWAD, DIST: DHARWAD-580001. 6. THE EDUCATION OFFICER, P.M. POSHAN SHAKTI NIRMANA, ZILLA PANCHAYATH, DHARWAD-580001. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 05.01.2024 BRG. NO.ED 73 SEW 2022 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-S, IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 12.06.2024 BRG. NO. B1/MA.U.YO/POO.POW.AA/ /2024-25 PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-W, IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1-3 TO AFFORD GRANT-IN-AID FACILITY TO THE PETITIONER INSTITUTION IN TERMS OF THE RECOMMENDATION OF THE RESPONDENT NO.4 DATED. 16.09.2015 VIDE ANNEXURE-Z1 BRG. NO.B2/SHAM.SHI.A/SEVAASHRAMA TRUST /MA U YO/DISE/2015-16/2254 AND ALSO IN TERMS OF CIRCULARS DATED 03.10.2002 VIDE ANNEXURE-Z BRG. NO. ED 48 SES 2002 & ANNEXURE-R DATED 31/07/2019 BRG.NO.ED 34 SES 2019, IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1-3 TO PERMIT THE PETITIONER TO APPOINT TEACHING AND NON-TEACHING STAFF IN TERMS OF THE EXISTING EDUCATION ACT, RULES AND REGULATIONS IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:2026 WP No. 103429 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue Writ in the nature of Certiorari quashing the impugned order dated 05.01.2024 brg. no.ED 73 SEW 2022 passed by the Respondent No.1 vide Annexure-S, in the interest of justice and equity; b. Issue Writ in the nature of Certiorari quashing the impugned order dated 12.06.2024 brg. no. B1/Ma.U.Yo/Poo.Pow.Aa/ /2024-25 passed by the Respondent No.3 vide ANNEXURE-W, in the interest of justice and equity; c. Issue writ in the nature of mandamus directing the respondent no.1-3 to afford grant-in-aid facility to the petitioner institution in terms of the recommendation of the Respondent no.4 dated. 16.09.2015 vide ANNEXURE-Z1 brg. No.B2/sham.shi.a/Sevaashrama trust /Ma U Yo/Dise/2015-16/2254 and also in terms of circulars dated 03.10.2002 vide ANNEXURE-Z brg. no. ED 48 SES 2002 & ANNEXURE-R dated 31/07/2019 brg.no.ED 34 SES 2019, in the interest of justice and equity; d. Issue writ in the nature of mandamus directing the respondent no.1-3 to permit the petitioner to appoint teaching and non-teaching staff in terms of the existing education Act, Rules and Regulations in the interest of justice and equity. e. Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature of circumstances of the case, in the interest of justice and equity. - 4 - NC: 2025:KHC-D:2026 WP No. 103429 of 2024 2. This is a classic case of abuse of powers vested in the respondent officials being made use of against the petitioner Institution. The facts of the case are; 2.1. Earlier the A. P.Vidyavathi Trust was running a Kannada Medium High School at A.P.Proudha Shale, Ashokpuram, Bengaluru. Since the strength of students in the said school was dwindling, the school being a Kannada medium school, the petitioner wanted to transfer the said school to Hubballi Rural. 2.2. Accordingly an application has been made to the Education Officer at Hubballi, accompanied by necessary documents. The said application being considered, a recommendation was made by the Additional Commissioner for such shifting. 2.3. The petitioner made all arrangements for construction of the school and providing facilities, as also filing necessary application for grant of recognition etc., which came to be - 5 - NC: 2025:KHC-D:2026 WP No. 103429 of 2024 allowed finally by order dated 30.09.2015. The shifting of the school from Ashokpuram, Bengaluru to Hubballi Rural with the transfer of the school from A. P. Vidyavathi Trust to the petitioner Trust was approved on 30.09.2015 at Annexure-L. 2.4. It is subsequent thereto that the problems have started for the petitioner inasmuch as respondents had cancelled the order of transfer, which required the petitioner to approach this Court in W.P.No.111924/2015, which initially came to be stayed by this Court and subsequently, the writ petition came to be allowed on 16.03.2021, reserving liberty to the respondents to issue necessary notice and thereafter pass orders. 2.5. The notice having been issued on 08.06.2022, the petitioner submitted a detailed reply, however, the reply was partially rejected and vide the impugned order dated 05.01.2024, - 6 - NC: 2025:KHC-D:2026 WP No. 103429 of 2024 though the shifting was permitted, the grant- in-aid was revoked. 2.6. It is challenging the same, the petitioner is before this Court. 3. Heard Sri. Nandish Patil, learned counsel for the petitioner and learned AGA for the respondents. Perused the records. 4. The concerned school being permitted to be transferred vide order dated 30.09.2015 along with grant-in-aid, it is impermissible for the State to revoke the grant-in-aid unless there is any violation of Section 53 of the Karnataka Education Act, 1983 (‘the Act’ for short). 5. In the impugned order dated 15.01.2024 at Annexure-S, there is no particular reference or allegation which has been made insofar as violation of Sub-section(2) of Section 53 of the Act, except to - 7 - NC: 2025:KHC-D:2026 WP No. 103429 of 2024 state that the transfer is permitted sans the grant-in- aid. 6. The respondent No.1 had no power to hold that the grant-in-aid would be cancelled unless there is any violation which comes within the purview of Subsection (2) of Section 53 of the Act. Even if such grant-in-aid was required to be cancelled, a separate notice as required under Section 53 of the Act was required to be issued and thereafter necessary action was to be taken. Instead of doing so, the respondent No.1, while reaffirming the transfer has cancelled the grant-in-aid, which is not permissible. 7. That apart, the Block Education Officer has also cancelled the Midday Meal Scheme facility which was available to the petitioner school vide its order dated 12.06.2024. He not having any authority to do so, it being the Chief Executive Officer of the concerned Panchayat who would have the authority. - 8 - NC: 2025:KHC-D:2026 WP No. 103429 of 2024 8. The manner in which the respondents have acted, as observed above, clearly indicates a gross abuse of the power vested with them in targeting the petitioners in running the school from the year 2015 till now, resulting in multiple litigations which could have been well avoided. 9. In that view of the matter, I pass the following: ORDER i. Writ Petition is allowed. ii. Certiorari is issued, the order dated 05.01.2024 bearing No.ED 73 SEW 2022 passed by respondent No.1 at Annexure-S and the impugned order dated 12.06.2024 passed by respondent No.3 at Annexure-W, are quashed. iii. The transfer having been effected with grant-in- aid vide order dated 30.09.2025 at Annexure-L, mandamus is issued directing the respondents to afford the grant-in-aid facility as available for A. P. - 9 - NC: 2025:KHC-D:2026 WP No. 103429 of 2024 Proudha Shale, Ashokpuram, Bengaluru, to the present school at Hubballi, within sixty days. iv. Needless to say, the petitioner would have to abide by the terms and conditions of the grant-in- aid. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 24