- 1 - HC-KAR NC: 2025:KHC-D:7779 WP No. 103830 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103830 OF 2025 (EDN-RES) BETWEEN: SHRI GURU TIPPERUDRASWAMY INDEPENDENT P.U. COLLEGE (CC-097), RENUKA COLONY, KOTTURU, TQ: KUDLIGI, DIST: BALLARY, BY ITS PRINCIPAL ANUPAMA B.M. …PETITIONER (BY SRI. GIRISH V. BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION AND LITERACY, 6TH FLOOR, M.S. BUILDING, BENGALURU-560 001. 2. THE DIRECTOR, DEPARTMENT OF PRE-UNIVERSITY EDUCATION, SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU-560 013. 3. THE DEPUTY DIRECTOR, DEPARTMENT OF PRE-UNIVERSITY EDUCATION, DR. RAJKUMAR ROAD, BALLARI-583 101. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER NO.E- 1626786/DPUE-EST30CC (OTH)/6/2024-R AND G DATED 09.05.2025 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-K TO THE WRIT PETITION AND ETC. CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7779 WP No. 103830 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 PRADEEP SINGH YERUR) 1. Heard learned counsel for the petitioner and the learned HCGP for the respondents-State. 2. The present petition is filed by the petitioner, which is a Pre-University College, which was established and granted permission to run educational activities by the competent authority from the year 2005 and the same was renewed from time to time. 3. It is the contention of the learned counsel for the petitioner that the educational institution was running efficiently without any adverse remarks from the past 17 years. This being the state of affairs, a complaint was received due to the malfunctioning of the institution and a committee was appointed by the respondents to inspect the same and submit a report. Based on the inspection report, the 2nd respondent got issued a show cause notice - 3 - HC-KAR NC: 2025:KHC-D:7779 WP No. 103830 of 2025 to the petitioner-institution on the ground that the petitioner has not provided the basic amenities to the students of the college and sought for inspection and asked explanation as to why the recognition of the college should not be cancelled. The petitioner submitted a reply on 24.01.2025 to the show cause notice issued, claiming it to be false, mischievous and created by a third party. However, the 2nd respondent cancelled the recognition of the petitioner-institution vide the impugned order dated 09.05.2025. Aggrieved by the same, the petitioner filed a representation/letter dated 20.05.2025 to the respondent No.1-appellate authority, requesting to withdraw the order of cancellation of the recognition of the college, on the ground that there are several students studying in the institution and that the cancellation would jeopardize their education and adversely affect their future. Hence, this petition. 4. It is the contention of the learned counsel for the petitioner that the impugned order of cancellation of - 4 - HC-KAR NC: 2025:KHC-D:7779 WP No. 103830 of 2025 recognition of the petitioner-institution is arbitrary, malafide and has been passed without taking into consideration the fact that the institution has been functioning for the last 19 years, and its recognition has been renewed from time to time. It is submitted that the respondent No.2 has passed the impugned order of cancellation of recognition in violation of principles of natural justice, contrary to law, illegal and hence liable to be set aside. 5. It is further contended that the petitioner was not given any opportunity of hearing so also no notice was given therefore there is violation of principles of natural justice. Hence seeks to set aside and quash the impugned order. 6. It is further contended that there are 45 students pursuing PUC-II for the academic year 2024-25 in the petitioner-institution. Therefore the impugned order in question is detrimental and prejudicial to the interests - 5 - HC-KAR NC: 2025:KHC-D:7779 WP No. 103830 of 2025 of these 45 students. On these grounds the petitioner seeks to quash the impugned order and permit the petitioner-institution to continue functioning. The petitioner also undertakes to renew/rectify any deficiencies in the amenities, if any, within a reasonable time. 7. Per contra, learned HCGP contends that this petition primarily would not be maintainable, as the petitioner has an alternative remedy available under Section 130 of the Karnataka Education Act, 1983. It is submitted that instead of availing the statutory appellate remedy by filing a proper appeal before the Government, the petitioner has merely addressed a letter to the Secretary to the Government, which cannot be construed as an appeal under the said provision. Therefore, the petitioner ought to be relegated to file a statutory appeal as required under law and if such an appeal is filed, the same would be considered in accordance with law. - 6 - HC-KAR NC: 2025:KHC-D:7779 WP No. 103830 of 2025 8. I have heard the learned counsel for the petitioner and the learned HCGP for the respondents- State. 9. Admittedly, the petitioner is an educational institution offering the PUC course, and there are 45 students who are pursuing their education. The impugned order would certainly jeopardy the career of these 45 students, and the institution cannot be held solely responsible for any consequences arising from the actions of the third parties. 10. Be that as it may. When there is an alternative efficacious remedy available to the petitioner, the same would have to be exhausted rather than approaching this Court under Article 226 of the Constitution of India. Hence this petition requires to be disposed off by providing some protection to the students who are studying in the institution. Accordingly I pass the following: - 7 - HC-KAR NC: 2025:KHC-D:7779 WP No. 103830 of 2025 ORDER i. Petition is disposed of. ii. Petitioner is at liberty to file an appeal as contemplated under the Karnataka Education Act. iii. Upon the petitioner filing an appeal before the appellate authority, the same shall be considered after affording an opportunity of hearing to the petitioner, to satisfy the requirements of defects, if any, raised by respondent No.2. The students pursuing their studies shall not be disturbed and shall be permitted to continue their education, till the appeal is finally decided. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-MCK List No.: 1 Sl No.: 36