- 1 - HC-KAR NC: 2025:KHC-D:15212 WP No. 100387 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 100387 OF 2025 (EDN-RES) BETWEEN: 1. ANJUMAN JOD MASJID ARABIC EDUCATION ASSOCIATION (R), ILKAL, REPRESENTED BY ITS SECRETARY, SHRI. ABUBAKAR S/O ABDHULKAREEMSAHEB SOFIGHAR, AGE. 69 YEARS, R/O. AT: ILKAL, TQ. AND DIST. BAGALKOT. 2. THE PRINCIPAL OF ANJUMAN JOD MASJID ARABIC EDUCATION ASSOCIATION (R), ANJUMAN ARABIC COLLEGE JOD MASJID, AT: ILKAL, TQ. AND DIST. BAGALKOTE. … PETITIONERS (BY SRI. SUNIL DESAI, ADVOCATE FOR SRI. UMESH C. AINAPUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, PRINCIPAL SECRETARY, PRIMARY AND SECONDARY EDUCATION, M.S. BUILDING, BENGALURU-560 001. 2. THE COMMISSIONER SCHOOL OF EDUCATION, NEW PUBLIC OFFICE, K.R. CIRCLE, BENGALURU, PIN-560 001. 3. THE DIRECTOR OF URDU AND OTHER MINORITY SCHOOLS OFFICE OF THE C.P. I, K.R. CIRCLE, BENGALURU, PIN-560 001. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.19 12:20:51 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15212 WP No. 100387 of 2025 4. THE DIRECTOR (EXAMS) KARNATAKA SCHOOLS EXAMS AND ASSESSMENT BOARD, 6TH CROSS, MALLESHWARAM, BENGALURU-560 003. 5. THE DEPUTY DIRECTOR OF SCHOOL EDUCATING DIST: ADMINISTRATIVE OFFICE, NAVANAGAR, BAGALKOT-587 103. 6. THE PRINCIPAL DISTRICT EDUCATION AND TRAINING INSTITUTE (DIET), ILKAL, DIST. BAGALKOTE-587 125. 7. THE BLOCK EDUCATION OFFICER, HUNUGUND BLOCK, HUNUGUND, DIST. BAGALKOTE-587 118. … RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED CIRCULAR DATED 02/12/2024 ¥À.¸ÀA:J2/CSÁ¥Ëæ±Á/ªÀiÁ.£À.PÀÄ/2024-25/1159 WITH THE DIRECTION OF RESPONDENT NO.1 AND 2 IS PASSED BY THE RESPONDENT NO.7 IS PRODUCED AND MARKED AS ANNEXURE-K AND SHOW CAUSE NOTICE DATED 16/12/2024 ¥À.¸ÀA:J2/CSÁ¥Ëæ±Á/ªÀiÁ.£À.PÀÄ/PÁ.PÉÃ.£ÉÆÃ/PÀÄjvÀÄ/2024 MARKED AS ANNEXURE-M ISSUED BY THE 7TH RESPONDENT AND CIRCULAR DATED 17/12/2024 ¸ÀASÉå E 2 /CA.C.eÉÆÃ.«PÀÄjvÀÄ/2024-25/4781/478 PRODUCED AND MARKED AS ANNEXURE-N PASSED BY THE 6TH RESPONDENT IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION AND DIRECTING TO THE RESPONDENTS AUTHORITIES TO DECLARE THAT THE PETITIONER INSTITUTION AS PERMANENTLY RECOGNITION INSTITUTION IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15212 WP No. 100387 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioners assailing the order dated 02.12.2024 passed by respondent No.7 marked at Annexure-K. 2. In terms of the said order, respondent No.7 directed the petitioners to seek renewal of recognition under the provisions of Section 30 of the Karnataka Education Act, 19831. 3. A Show Cause Notice dated 16.12.2024 was issued by respondent No.7 to the petitioners requiring them to obtain renewal of the institution’s recognition under Section 30 of Act of 1983, marked as Annexure-M. Pursuant to this, respondent No.6, by endorsement dated 17.12.2024 marked as Annexure-N, issued a reminder stating that in case the institution's recognition is not renewed, the 1 Hereinafter referred to as ‘Act of 1983’ - 4 - HC-KAR NC: 2025:KHC-D:15212 WP No. 100387 of 2025 students admitted to the petitioners’ institution will not be permitted to take up the examinations. 4. This petition is filed on the premise that the impugned orders/notices/endorsement are without jurisdiction. 5. Learned counsel for the petitioners would submit that the petitioners’ institution has been admitted to Grant- In-Aid under the provisions of “Grant-In-Aid Code for Arabic Collages Arabic Madrasas and Quran Institutions in Karnataka State” (Grant-In-Aid Code). He would refer to Section 23 of the said Grant-In-Aid Code, which reads as under: 23. (i) Recognition, when granted shall apply only for such courses and such standards and for such number of sections and for such periods for which it is granted. (ii) The Department may at the discretion grant temporary recognition for a period not exceeding one year even when certain conditions are not fulfilled. Such temporary recognition may be - 5 - HC-KAR NC: 2025:KHC-D:15212 WP No. 100387 of 2025 renewed only if all the conditions are fulfilled, otherwise the recognition shall be withdrawn. An institution which is accorded temporary recognition continues to fulfil all the conditions of recognition continuously for a period of five years, it may be recognised on a permanent basis. (iii) No recognised Institution shall open a standard or standards higher than those for which recognition or permission has been granted. Application for opening a higher standard or standards shall be submitted to the Director of Public Instruction atleast 5 months before the beginning of the school year in which the higher standard is proposed to be opened. (iv) No new Division (section) of a standard already recognised shall be opened unless the school makes adequate provision for additional accommodation, staff and equipment and has taken previous permission of the concerned Inspecting Officer. (v) In no case shall permission be accorded to open a new section or standard, if the number of pupils for whose benefit the new section is intended is less than the strength as indicates under rule 34 (i). - 6 - HC-KAR NC: 2025:KHC-D:15212 WP No. 100387 of 2025 6. Under Section 23, it is noticed that an Institution governed by the Code can be granted recognition under certain circumstances. The petitioners’ Institution was granted recognition in terms of order dated 03.11.2010. It is also recognized as a minority institution, as can be noticed from the letter dated 20.06.1995 issued by the Secretary, Minorities Department. 7. Learned counsel for the petitioner inviting the attention of the Court to Annexure-E, the Notification dated 22.03.2022. In the said notification the Commissioner, Department of Public Instruction, has referred to the provisions of the Right of Children to Free and Compulsory Education Act, 20092. Based on this, further orders are passed insisting on the renewal of the petitioners’ recognition. 8. It is submitted that under Sub-section (5) of Section 1 of Act of 2009, the petitioners’ Institution is 2 Hereinafter referred to as ‘Act of 2009’ - 7 - HC-KAR NC: 2025:KHC-D:15212 WP No. 100387 of 2025 excluded from the ambit of Act of 2009. Thus, learned counsel for the petitioners would contend that the impugned notices, orders, and endorsements are liable to be set aside. 9. Learned Additional Government Advocate would submit that the impugned orders have been passed in accordance with law. It is submitted that all the institutions in the State of Karnataka are required to get the recognition renewed once every 5 years, and that is insisted to ensure that high standards is maintained by the institutions. If any institution is found lacking in maintaining the prescribed standards, its recognition will not be renewed, is the submission. 10. The Court has considered the contentions raised at the Bar and perused the records. 11. Section 23 of the Grant-In-Aid Code referred to above provides for permanent recognition to certain Institutions governed by the said Code. The petitioners’ - 8 - HC-KAR NC: 2025:KHC-D:15212 WP No. 100387 of 2025 Institution was granted permanent recognition on 03.11.2010. The respondent-State has insisted for renewal of recognition in terms of the provisions of Act of 2009. 12. Section 1(5) of Act of 2009 reads as under: “1. [Short title, extent, application and commencement].- (1) This Act may be called the Right of Children to Free and Compulsory Education Act, 2009. (2)xxxxx (3)xxxxx [(4)xxxx (5) Nothing contained in this Act shall apply to Madrasas, Vedic Pathsalas and educational institutions primarily imparting religious instruction.]” (only relevant portion of the provision for adjudication of this petition is extracted) 13. It is evident that Act of 2009 will not apply to Madrasas, Vedic Pathshalas, and Educational Institutions primarily imparting religious instruction. - 9 - HC-KAR NC: 2025:KHC-D:15212 WP No. 100387 of 2025 14. It is not in dispute that the petitioners’ institution is running a Madrasa imparting religious instruction. Thus, Act of 2009 is not applicable to the petitioners’ institution. 15. As already noticed, the petitioners’ institution has been granted the permanent recognition. This being the position, the impugned orders/notices/endorsements insisting upon renewal of the petitioners’ recognition every five years are without jurisdiction. 16. It is also noticed that the impugned orders would make reference to Section 30 of the Karnataka Education Act, 1983. It is to be noticed that Section 30 is relating to registration and not relating to recognition. It is not in dispute that the petitioners’ institution is already registered under the Act of 1983, and as such, it is being provided Grant-In-Aid. Hence, Section 30 of Act, 1983, cannot be applied to insist renewal. 17. Hence, the following: - 10 - HC-KAR NC: 2025:KHC-D:15212 WP No. 100387 of 2025 ORDER a) The Writ Petition is allowed. b) The order dated 02.12.2024 passed by respondent No.7 and Show Cause Notice dated 16.12.2024 issued by respondent No.7 and circular dated 17.12.2024 passed by respondent No.6 are hereby quashed. c) The students, whose results have been withheld in terms of the impugned orders shall be published at the earliest. The arrears of salary which is not yet paid to the teachers of the petitioners’ institutions shall be paid within 30 days from the date of receipt of copy of this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK/LIST NO.: 1 SL NO.: 35