- 1 - HC-KAR NC: 2025:KHC-D:16419 WP No. 108944 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.108944 OF 2025 (EDN-RES) BETWEEN: SHRI MALLIKARJUN VIDYAVARDHAKA SANGHA, REPRESENTED BY ITS PRESIDENT, SHRI SUNIL S/O ROOPSINGH RATHOD, AGE. 34 YEARS, OCC. BUSINESS, R/O. HORTI, TQ. INDI, DIST. VIJAYAPUR-586 117. … PETITIONER (BY SRI. S.K. HEGDE, ADVOCATE) AND: 1. THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, M.S. BUILDING, BENGALURU-01. 2. ADDITIONAL COMMISSIONER, OFFICE OF THE COMMISSIONER FOR SCHOOL EDUCATION, RODDA ROAD, DHARWAD-580 008. 3. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION, SCHOOL EDUCATION DEPARTMENT, MINI VIDHANA SOUDHA, NAVANAGAR, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.28 11:58:27 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16419 WP No. 108944 of 2025 BAGALKOT-587 103. 4. BLOCK EDUCATION OFFICER, SCHOOL EDUCATION DEPARTMENT, BILAGI, DIST. BAGALKOT-587 103. 5. THE HEAD MASTER, SHRI MALLIKARJUN LOWER PRIMARY SCHOOL, ANAGAWADI NO.2, TQ. BILAGI, DIST. BAGALKOT-587 103. … RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 15/11/2025 ISSUED BY THE RESPONDENT NO.3 VIDE ORDER NO. SANKHYE: JI1 / SHAASHIE / KHAPRASHA / ANADHIKRUTHA / SHALE/MANYATE / RADDU / 24/2024-25 / 2609 AS PER ANNEXURE-E AND REMINDER ISSUED BY THE RESPONDENT NO.4 IN NO.SANKHYE: T4 / SHASHII / KHAPRASHA / ANADHIKRUTHA / SHALE / MANYATE / RADDU / 24 / 2024-25/631 DATED 17/11/2025 AS PER ANNEXURE-F AND ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO CONSIDER THE CASE OF THE PETITIONER FOR RENEWING THE ACCREDITATION TO THE PETITIONER SCHOOL FOR THE PERIOD 2025-26 AS PER ANNEXURE-D SL.NO.5/25 DATED 22/07/2025 IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:16419 WP No. 108944 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. Heard the learned counsel appearing for the petitioner and learned Additional Government Advocate appearing for respondents No.1 to 4. 2. It is noticed that impugned order is appealable under Section 130 of the Karnataka Education Act, 1983. 3. Learned counsel for the petitioner apprehends that the Appellate Authority may not consider application for stay of the impugned order in which event the petitioner will be put to inconvenience and hardship. 4. The Appellate Authority shall consider application for stay, (in case filed) on merits and pass appropriate orders on the said application noticing the urgency involved. Merely because the writ petition is not entertained, it does not mean that the Court has not found any merit in the petition. - 4 - HC-KAR NC: 2025:KHC-D:16419 WP No. 108944 of 2025 5. Hence, the following: ORDER i. Writ petition is disposed of. ii. The Appellate Authority shall decide the case on its merits and also application for interim stay shall be considered on its merits. iii. Registry is directed to return copy of the impugned order to the petitioner after retaining the xerox copy. iv. All contentions kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 23