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2025 DAILYLAW 66949 (KAR)

CHRIST KING ENGLISH MEDIUM HIGH SCHOOL v. THE STATE OF KARNATAKA

WP/33115/2025 · 2025-11-07

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45236 WP No. 33115 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.33115 OF 2025 (MV) BETWEEN: CHRIST KING ENGLISH MEDIUM HIGH SCHOOL GANDHI MAIDAN ROAD, KARKALA TALUK, UDUPI DISTRICT-574104 BY ITS HEAD MASTER. …PETITIONER (BY SRI K. CHANDRANATH ARIGA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY CHIEF SECRETARY VIDHANA SOUDHA, DR. B.R. AMBEDKAR, BENGALURU-560001. 2. THE PRINCIPAL SECRETARY DEPARTMENT OF TRANSPORT M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. 3. THE REGIONAL TRANSPORT OFFICER, RAJATHADI, MANIPAL, UDUPI DISTRICT-576102. …RESPONDENTS (BY SMT. RASHMI M. RAO, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ENDORSEMENT DATED 29.09.2025 BEARING NO.PraaSaaAa/Udupi/Shalavahana/2025-26 ISSUED BY THE RESPONDENT NO.3 TO THE PETITIONER (ANNEXURE-D). Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45236 WP No. 33115 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned High Court Government Pleader accepts notice for the respondents. 2. The petitioner in this petition has called in question the impugned endorsement dated 29.09.2025 issued by the respondent No.3. 3. Learned counsel on both sides submit that the issue involved in this writ petition is squarely covered by the decision of this Court in the case of Sharadamma Vs. The State of Karnataka and Others1 (Sharadamma). 4. It is further submitted that relying upon the said decision, this Court in The Head Mistress St. Antony Lower Primary School Vs. The State of Karnataka and Others2 (The Head Mistress St. Antony Lower Primary School) has remitted the matter to the 1 W.P.No.21991/2019 and connected matter D.D.20.08.2019 2 W.P.No.6991/2023 D.D 06.08.2024 - 3 - HC-KAR NC: 2025:KHC:45236 WP No. 33115 of 2025 respondent-authority for reconsideration of the petitioner’s application on the ground that Rule 6(2) of the Karnataka Motor Vehicles (Conditions for Vehicles Engaged in Transport of School Children) Rules, 2012 (“Rules, 2012” for short) was not properly considered. 5. In view of the settled proposition of law laid down in the case of Sharadamma and The Head Mistress St. Antony Lower Primary School, this Court pass the following: ORDER i. The writ petition is allowed. ii. The endorsement dated 29.09.2025 issued by respondent No.3 (Annexure-D) is quashed. iii. Respondent No.3 is directed to reconsider the petitioner’s application for removal of permit, bearing in mind Rule 6(2) of the Rules, 2012 and the decision of the Co-ordinate bench in the case of Sharadamma, and to pass - 4 - HC-KAR NC: 2025:KHC:45236 WP No. 33115 of 2025 appropriate orders in accordance with law within a period of four weeks from the date of receipt of the copy of this order. Sd/- ______________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 65