VIJAYA VIDYADAYINI SANGHA v. THE STATE OF KARNATAKA
WA/100743/2025 · 2025-12-04
Geetha K B, S G Pandit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59488 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59488 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:17257-DB WA No. 100743 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
WRIT APPEAL NO. 100743 OF 2025 (EDN-RES) BETWEEN:
VIJAYA VIDYADAYINI SANGHA, B.D. INAMDAR HIGH SCHOOL, NEGINAL, TQ. BAILHONGAL, DIST. BELAGAVI, REPRESENTED BY ITS PRESIDENT, SRI VIKRAM DANAPPAGOUDA INAMDAR, AGE. 47 YEARS, R/O. NEGINAHAL, TQ. BAILHONGAL, DIST. BELAGAVI 591102. …APPELLANT (BY SRI M.V. HIREMATH, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY ITS UNDER SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S. BUILDING, BANGALORE 560001.
Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.16 16:35:24 +0530
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HC-KAR NC: 2025:KHC-D:17257-DB WA No. 100743 of 2025
2.
THE COMMISSIONER DEPARTMENT OF SCHOOL EDUCATION, BENGALURU 560001.
3.
THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, BELAGAVI, DISTRICT. BELAGAVI 590001.
4.
THE BLOCK EDUCATION OFFICER BAILHONGAL, TQ. BAILHONGAL, DIST. BELAGAVI 581105.
5.
THE HEAD MASTER GOVT. KANNADA HIGHER PRIMARY SCHOOL, KESARAKOPPA, TQ. BAILHONGAL, DIST. BELAGAVI-591114. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE INTERIM ORDER DATED 04.11.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.106189/2025 (EDN), AND ETC.,.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
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HC-KAR NC: 2025:KHC-D:17257-DB WA No. 100743 of 2025
ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT)
This appeal filed under Section 4 of the High Court of Karnataka Act, 1961 is directed against the interim order dated 04.11.2025 passed by the learned single judge.
2. Heard learned counsel Sri.V.S.Kalasurmath, for appellant and Sri.Sharad V.Magadum, learned AGA for respondents.
3. The appellant-petitioner is before the leaned single judge questioning the Government Order dated 07.08.2025 (Annexure-A) whereunder, 147 Government Higher Primary schools are upgraded to high school. It is the contention of the petitioner-appellant that the said up-gradation of the Government Higher Primary School, Hunsihal is contrary to the existing Government orders and it is further submitted that the principal of the upgraded High School is forcing the students of the petitioner High School to get admission to the upgraded Government High School.
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HC-KAR NC: 2025:KHC-D:17257-DB WA No. 100743 of 2025
4. It is only the apprehension of the petitioner that their students may take transfer certificate (TC) and get admitted to upgraded Government High Schools. The said apprehension cannot be a reason for staying the Government
order dated 07.08.2025 (Annexure-A). It is also noticed that learned single Judge has rightly observed that even after the establishment of Government High Schools, the students’ strength in the petitioner High School has not come down.
5. In the said circumstance, the learned single judge is justified in vacating the interim order. If any contingency arises, it is open for the appellant to file appropriate application.
6. With the above, writ appeal stands disposed of.
Sd/- (S G PANDIT) JUDGE
Sd/- (GEETHA K.B.) JUDGE HMB Ct-cmu, LIST NO.: 1 SL NO.: 39