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2025 DAILYLAW 59029 (KAR)

SIKSHANA SIRI DR SUVARNALATHA G GADIGEPPAGOUDAR v. THE STATE OF KARNATAKA

WP/106747/2025 · 2025-09-18

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12651 WP No. 106747 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106747 OF 2025 (EDN-RES) BETWEEN: SIKSHANA SIRI DR. SUVARNALATHA G GADIGEPPAGOUDAR AGED ABOUT 51 YEARS OCCUPATION: FOUNDER PRESIDENT OF MAHASARASWATHI VIDYAPEETH’S VIDYANIKETHAN ENGLISH MEDIUM SCHOOL R/AT SUBHASH NAGAR GOKUL DAS GUDIHAL ROAD, OLD HUBBALLI DHARWAD DISTRICT, HUBLI – 580 024. … PETITIONER (SIKSHANA SIRI DR. SUVARNALATHA G GADIGEPPAGOUDAR, PARTY-IN-PERSON) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY PRIMARY AND SECONDARY EDUCATION DEPARTMENT OF SCHOOL EDUCATION AND LITERACY AMBEDKAR VEEDHI M S BUILDING BENGALURU - 560 001 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY SOCIAL WELFARE DEPARTMENT VIKASA SOUDHA BENGALURU - 560 001 Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12651 WP No. 106747 of 2025 3. THE COMMISSIONER SOCIAL WELFARE DEPARTMENT AMBEDKAR VEEDHI M.S. BUILDING BENGALURU – 560 001. 4. THE COMMISSIONER SCHOOL EDUCATION AND LITERACY DEPARTMENT AMBEDKAR VEEDHI NRUPATHUNGA ROAD BENGALURU -560 001. 5. THE DISTRICT COMMISSIONER DC COMPOUND DHARWAD DISTRICT DHARWAD – 580 001. 6. THE ADDITIONAL DEPUTY COMMISSIONER DC COMPOUND DHARWAD DISTRICT DHARWAD – 580 001. 7. THE ASSISTANT COMMISSIONER DC COMPOUND DHARWAD DISTRICT DHARWAD – 580 001. 8. THE CHIEF EXECUTIVE OFFICER OFFICE OF ZILLA PANCHAYATH NEAR DC COMPOUND DHARWAD DISTRICT DHARWAD – 580 001. 9. THE ADDL. COMMISSIONER SCHOOL EDUCATION AND LITERACY DEPARTMENT EDUCATION DEPARTMENT RODDA ROAD DHARWAD – 560 008. 10. THE DIRECTOR AND COMPETENT AUTHORITY OFFICE OF ADDITIONAL COMMISSIONER SCHOOL EDUCATION AND - 3 - HC-KAR NC: 2025:KHC-D:12651 WP No. 106747 of 2025 LITERACY DEPARTMENT DHARWAD – 560 008. 11. THE DEPUTY DIRECTOR AND PUBLIC INSTRUCTIONS DHARWAD DISTRICT DHARWAD – 560 001. 12. THE JOINT DIRECTOR SOCIAL WELFARE DEPARTMENT DC COOMPOUND DHARWAD DISTRICT DHARWAD – 580 001. 13. THE ASSISTANT DIRECTOR SOCIAL WELFARE DEPARTMENT MINI VIDHANSOUDHA BUILDING HUBLI – 580 020. 14. THE BLOCK EDUCATION OFFICER HUBLI CITY BEO RANGE GANTIKERI HUBLI – 580 028. 15. THE DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT OFFICE OF THE ADDITIONAL DIRECTOR GENERAL OF POLICE BELGAUM REGION NORTH ZONE BELGAUM – 590 001. 16. POLICE SUB-INSPECTOR/ COMPETENT AUTHORITY DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT OFFICE OF THE ADDITIONAL DIRECTORATE GENERAL OF POLICE NORTH ZONE BELGAUM REGIION BELGAUM – 590 001. 17. DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT OFFICE OF THE ADDITIONAL DIRECTORATE - 4 - HC-KAR NC: 2025:KHC-D:12651 WP No. 106747 of 2025 REP. BY DIRECTOR GENERAL OF POLICE, DHARWAD NORTH ZONE DHARWAD – 580 001. 18. POLICE SUB INSPECTOR NORTH ZONE DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT DHARWAD DHARWAD – 580 001. 19. THE COMMISSIONER HUBBALI-DHARWAD URBAN DEVELOPMENT AUTHORITY NAVANAGAR HUBBALLI DHARWAD DISTRICT DHARWAD – 580 025. … RESPONDENTS (BY SRI. P.N. HATI, HCGP FOR R1 TO R19) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENT AUTHORITIES TO FORTHWITH TAKE ACTION AGAINST THE FOUR ILLEGAL SCHOOLS BASED ON THE REPORT AND CONFIRMATION BY THE DDPI, DHARWAD AT ANNEXURE-S AND P RESPECTIVELY AND TO TAKE ACTION AS PER ANNEXURE-S FUNCTIONING WITHIN THE HUBBALLI CITY, BEO RANGE, IN TERMS OF THE REPEATED DIRECTIONS ISSUED BY THE GOVERNMENT OF KARNATAKA, THE PRINCIPAL SECRETARY, THE COMMISSIONER FOR PUBLIC INSTRUCTION, AND THE DISTRICT COMMISSIONER, INCLUDING DE-RECOGNITION OF SUCH SCHOOLS AND RECOVERY OF THE GOVERNMENT GRANTS ILLEGALLY DRAWN BY THEM AS PER REPORT OF DDPI DHARWAD ANNEXURE-S DTD 19-09- 24 BEARING NO.G2(1).SHASHIA/ANADHIKRUTA SHALE/DOORU/2023- 24 AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:12651 WP No. 106747 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice The Petitioner is before this Court seeking for the following reliefs: a. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent authorities to forthwith take action against the four illegal schools based on the report and confirmation by the DDPI, Dharwad at ANNEXURE-S and P respectively and to take action as per ANNEXURE-S functioning within the Hubballi City, BEO range, in terms of the repeated directions issued by the Government of Karnataka, the Principal Secretary, the Commissioner for Public Instruction, and the District Commissioner, including de-recognition of such schools and recovery of the government grants illegally drawn by them as per Report of DDPI Dharwad ANNEXURE-S dtd 19-09-24 bearing No.G2(1).SHASHIA/ANADHIKRUTA SHALE/DOORU/ 2023-24. b. Direct the respondent authorities to take appropriate disciplinary and penal action against erring officials, including the DDPI, Dharwad and BEO, Hubballi City Range, who have wilfully failed to comply with repeated government directions, thereby facilitating illegality; c. Direct the respondent authorities to ensure continuation of recognition, SATS entry and UDISE updation of the petitioner’s institution Shree Saraswathi Vidyapeetha, Vidhyanikethan English Medium School, Hubballi without obstruction, and to extend all entitlements lawfully available to the petitioner’s institution; d. Pass such other order or direction as this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity. - 6 - HC-KAR NC: 2025:KHC-D:12651 WP No. 106747 of 2025 2. The prayers which have been sought for indicate that it is a Public Interest Litigation [PIL] and not a private litigation. Merely because of existence of those schools, the admission to the petitioners’ schools are affected would not be a ground for treating it as a private interest litigation. When the prayer which has been sought for is recovery of the grant amounts which have been paid to respondent-schools. 3. Reserving liberty to the petitioner to file public interest litigation, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE VB List No.: 1 Sl No.: 202