- 1 - NC: 2025:KHC-D:2994 WP No. 104887 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104887 OF 2024 (EDN-REG) BETWEEN: GOOD SAMARITAN FOUNDATION, A REGISTERED TRUST REPRESENTED BY ITS TRUSTEE, SRI. SACHIN S/O. BAZLI D’SOUZA, AGE: 37 YEARS, OCC: BUSINESS, R/O. #15, TEACHER’S COLONY, BENGERI, HUBBALLI, PHONE NO-9448128805, PIN CODE-580023. …PETITIONER (BY SRI. PRAKASH K. JAWALKAR, ADVOCATE) AND: 1. THE ADDL. COMMISSIONER FOR PUBLIC INSTRUCTION, AND APPELLATE AUTHORITY, (EDUCATION DEPARTMENT DHARWAD), DHARWAD-580001. 2. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION, DHARWAD, (SCHOOL EDUCATION DEPT), DHARWAD-580001. 3. THE BLOCK EDUCATION OFFICER, SCHOOL EDUCATION DEPARTMENT, HUBBALLI RURAL, DHARWAD DIST. PIN CODE 580020. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING ISSUE AN ORDER OR DIRECTION IN THE NATURE OF A WRIT OF CERTIORARI TO SET ASIDE THE ERRONEOUS ORDER PASSED BY THE RESPONDENT NO.1 ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2994 WP No. 104887 of 2024 ON 17.01.2024, DISMISSING THE APPEAL FILED BY THE PETITIONER IN BEARING CASE NO.G2/APPEAL/02/2023-24/57 DATED 17.01.2024, AS PRODUCED IN ANNEXURE-D. THE PETITIONER FURTHER PRAYS TO SET ASIDE THE ORDER PASSED BY RESPONDENT NO.2 IN BEARING NO.G3/NEW SCHOOL/9- 10KM/230134/2023-24 DATED 31-08-2023, AS PRODUCED IN ANNEXURE-B; AND CONSEQUENTLY ISSUE A WRIT MANDAMUS DIRECTING THE RESPONDENT’S OFFICE TO GRANT PERMISSION TO THE PETITIONER, AS PER APPLICATION NO.230133, TO OPERATE THE JNANAMATA ROTARY HIGH SCHOOL, TO IMPART EDUCATION FOR KANNADA MEDIUM 9TH TO 10TH STANDARDS, IN THE INTEREST OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Petitioner is before this Court seeking for the following reliefs: a. Therefore, the petitioner most respectfully prays that this Hon’ble Court may issue an order or direction in the nature of a writ of certiorari to set aside the erroneous order passed by the Respondent No.1 on 17.01.2024, dismissing the appeal filed by the petitioner in bearing Case No.G2/Appeal/02/2023-24/57 dated 17.01.2024, as produced in Annexure-D. The Petitioner further prays to set aside the order passed by Respondent No.2 in bearing no.G3/New School/9- 10km/230134/2023-24 dated 31-08-2023, as produced in Annexure-B; b. Consequently, issue a writ mandamus directing the respondent’s office to grant permission to the petitioner, as per application No.230133, to operate the JNANAMATA ROTARY HIGH SCHOOL, to impart education for Kannada medium 9th to 10th standards, in the interest of justice. - 3 - NC: 2025:KHC-D:2994 WP No. 104887 of 2024 c. Such other orders be passed as deemed fit and proper in the circumstance of the case. 2. The petitioner has been running a school from 1st to 8th standard in English medium known as ‘Jnanamata Rotary English Medium Primary School’ at Nagarhalli village, Taluka Hubballi. The said school is not admitted to any aid from the Government, is a private school run by the petitioner from and out of its own resources. 3. The petitioner with the intention to encourage the Kannada medium wanted to start classes for 9th and 10th standard in Kannada medium and as such made an application. The said application came to be rejected by the 2nd respondent vide order dated 31.08.2023 at Annexure-B on the ground that classes for 9th and 10th in Kannada medium could not be run in the same building and same premises where the English medium school having been running. - 4 - NC: 2025:KHC-D:2994 WP No. 104887 of 2024 4. An appeal having been filed, the appellate authority has also rejected the said appeal on the ground that an application for conducting of 9th and 10th standard classes would have to be treated as a separate school and a fresh application would have to be filed. It is challenging both the above orders, the petitioner-school is before this Court. 5. Shri Prakash K. Jawalkar, learned counsel for the petitioner would submit that the petitioner has no objection for filing any application for permission enclosing all the relevant documents establishing compliance with applicable law. But however submits that the said classes for 9th and 10th standard also being run from the existing premises, the facilities which are provided in the existing premises would also have to be taken into consideration while considering the application filed by the petitioner-school and not treated as a - 5 - NC: 2025:KHC-D:2994 WP No. 104887 of 2024 completely different new school requiring all the facilities to be made available. 6. The substance of submission made by Sri Prakash K. Jawalkar inasmuch as there are existing infrastructure, which has been setup by the petitioner for students from classes 1st to 8th standard of English medium. It is only an addition of classes 9th and 10th for Kannada medium, which is being made there is no embargo, as such for running the 9th and 10th classes in Kannada medium in the said premises, except that it being in Kannada medium, necessary licence is required to be obtained by the petitioner as such, reserving liberty to the petitioner to file application along with all supporting documents establishing compliance with the applicable law and the rules as also the circulars issued from time to time, the petition stands disposed of. - 6 - NC: 2025:KHC-D:2994 WP No. 104887 of 2024 7. The respondent No.3 is directed to consider the said application by taking into account the infrastructure and facilities already established for class 1st to 8th standard and not seek for further establishment 1st to 8th rateably to ensure that the facilities are available for all the students. 8. The submission of Shri Jawalkar that the application would be uploaded onto the website within one week from today is placed on record. Respondent No.3 is directed to consider the same and pass necessary orders there on within a period of 30 days from the date of the application being uploaded by the petitioner, if necessary by due inspection of the premises within that time frame. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 129