- 1 - HC-KAR NC: 2025:KHC:44660 WP No. 10095 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 10095 OF 2023 (EDN-RES) BETWEEN: BOOVANAHALLY CHANNAKESHAVA SWAMY VIDYA SAMSTHE (R) D.R.K. EDUCATIONAL ACRADE, B.M. ROAD, HASSAN - 573 201. REPRESENTED BY ITS SECRETARY RAMAKRISHNAIAH …PETITIONER (BY SRI. VIRUPAKSHAIAH P.H., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, M.S. BUILDING, DR.B.R. AMBEDKAR VEEDHI, BANGALORE - 560 001. REPRESENTED BY ITS SECRETARY 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS PRIMARY AND SECONDARY EDUCATION, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K.R. CIRCLE, BANGALORE - 560 001. 3. THE DEPUTY DIRECTOR (ADMINISTRATION) DEPARTMENT OF PUBLIC INSTRUCTIONS, HASSAN DISTRICT, HASSAN - 573 201. Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44660 WP No. 10095 of 2023 4. THE BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTION, HASSAN TALUK, HASSAN - 573 201. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 TO R4) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 08.05.2023 BEARING NO ANO3.PRASHIA.HO.SA.NO.DURU 35/22-23 PASSED BY R-3 AUTHORITY VIDE ANNX-V HOLDING THE SAME IS ILLEGAL, ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: "(a) ISSUE Writ in the nature of Certiorari or any other Writ or Order or Direction in the similar nature quashing the Impugned Order dated 08.05.2023 bearing No. ANo3: PraShIA: Ho. Sa. No. Duru 35 / 22-23 passed by the 3rd respondent authority vide Annexure-V holding the same is illegal; (b) ISSUE Writ in the nature of Mandamus or any other Writ or Order or Direction in the similar nature directing the 3rd respondent authority to renew / grant the recognition / approval in favour of the petitioner institution in respect of 1st to 8th Standard Primary School by holding that the petitioner herein fulfils all the criteria stipulated under the Rules; - 3 - HC-KAR NC: 2025:KHC:44660 WP No. 10095 of 2023 (c) Grant such other relief or relief's as this Hon'ble Court may deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity." 2. A perusal of the material on record will indicate that it is the specific contention of the petitioner that it has been running Boovanahally Channakeshava Swamy Vidya Samsthe (R) ('CKS School') in Sy.No.128 of Boovanahally village, Kasaba Hobli, Hassan District, from 1963 onwards. 3. It is contended that, while the petitioner was running classes from 8th Standard to 10th standard, in the year 2022, the respondents granted permission and recognition in favour of the petitioner to run classes from 1st Standard to 8th Standard and the petitioner has been running classes from that time onwards, after obtaining renewal and recognition from year to year. 4. Meanwhile, the recognition of the petitioner having been withdrawn, vide order dated 08.03.2023, the petitioner approached this Court in Writ Petition No.5839/2023 in which this Court, by final order dated 14.03.2022 set aide the order dated 08.03.2023 and remitted the matter back to the third respondent for reconsideration afresh in accordance with law. Subsequently, the third respondent issued a show cause notice dated 20.03.2023 to which the - 4 - HC-KAR NC: 2025:KHC:44660 WP No. 10095 of 2023 petitioner also submitted a rely dated 26.04.2023 pursuant to which the third respondent once again passed the impugned order dated 08.05.2023 withdrawing the recognition issued in favour of the petitioner in respect of classes 1st standard to 8th standard. Aggrieved by the impugned order, petitioner is before this Court by way of present petition. 5. Learned counsel for the petitioner submits that the subject Educational Institution is situated in Sy.No.128 of Boovanahally village and classes are being conducted in the said land. It is also submitted that in addition to the said school property in Sy.No.128 comprising of school building, amenities, vacant spaces etc. the petitioner has acquired one more property in land bearing Sy.No.107/8, 13, 35, 18 and 108/44 which are situated about less than one kilometer from the land bearing Sy.No.128 referred to supra. 6. It is submitted that the additional land which is vacant is being used by the petitioner for the purpose of play ground and other amenities for the students and that there is no building in the said land. - 5 - HC-KAR NC: 2025:KHC:44660 WP No. 10095 of 2023 7. Learned counsel for the petitioner submits that if the impugned order, withdrawing the recognition in favour of the petitioner is set aside and the matter is remitted back to the third respondent for reconsideration afresh in accordance with law, after conducting necessary inspection, in the presence of the petitioner, the petitioner would co-operate with such fresh/new inspection and also produce all the necessary documents in support of its claim for renewal of recognition for the academic year 2025-26 and 2026-27. 8. It is also submitted that the petitioner would file one more fresh/new application for renewal of recognition for classes 1st standard to 8th standard for the academic year 2025-26 and 2026- 27 and the respondents may be directed to consider the same after conducting necessary inspection and proceed further in accordance with law. 9. It is also further submitted by the learned counsel for the petitioner that the aforesaid property/premises and lands of the petitioner possess all the necessary infrastructural requirements and reasonable documents which are essential for the purpose of - 6 - HC-KAR NC: 2025:KHC:44660 WP No. 10095 of 2023 obtaining renewal and recognition and that the petitioner would produce the same before the third respondent. 10. It is submitted by the petitioner that aggrieved by the interim order dated 01.04.2024, the petitioner has preferred an appeal in Writ Appeal No.698/2024 and if the present petition is disposed of, the petitioner would unconditionally withdraw the said writ appeal pending before the Hon'ble Division Bench. The submission made on behalf of the petitioner that they would withdraw the writ appeal is placed on record. 11. Per contra, learned High Court Government Pleader for the respondents, iterating the various contentions urged in the statement of objections submits that there is no merit in the petition and the same is liable to be dismissed. 12. I have given my anxious consideration for the rival submissions and perused the material on record. 13. As noticed earlier, it is the specific contention of the petitioner that the subject School possesses all the requisite infrastructure requirements and relevant documents are available with the petitioner who is ready to produce the same before the third respondent while it is contended by the respondents that the - 7 - HC-KAR NC: 2025:KHC:44660 WP No. 10095 of 2023 impugned order is correct and proper and does not warrant interference by this Court in the present petition. However, having regard to the specific submission made on behalf of the petitioner that, the petitioner Institution possesses all the necessary infrastructural facilities for running the school for classes 1st standard to 8th standard coupled with the submission made on behalf of the petitioner that they would file fresh application for renewal of recognition for the academic years 2025-26 and 2026- 27, I deem it just and appropriate to set aside the impugned order at Annexure V dated 08.05.2023 and remit the matter back to the third respondent for reconsideration afresh in accordance with law by issuing certain directions. 14. Accordingly, I pass the following: ORDER (i) Petition is hereby allowed; (ii) The impugned order at Annexure V dated 08.05.2023 passed by the third respondent is hereby set aside. (iii) Matter is remitted back to the third respondent for reconsideration afresh, in accordance with law. - 8 - HC-KAR NC: 2025:KHC:44660 WP No. 10095 of 2023 (iv) Petitioner shall appear before the third respondent on 03.12.2025 without awaiting further notice from the third respondent. (v) Upon appearing before the third respondent, the petitioner shall produce pleadings, documents, etc. pertaining to land bearing Sy.No.128 as well as the land bearing Sy.No.107 of Boovanahally Village, which shall be received by the third respondent. (vi) The third respondent shall notify and fix a date for fresh inspection to be conducted by the respondents in both the lands bearing Sy.No.128 and Sy.No.107 of Boovanahally Village, Hassan District. (vii) Petitioner shall file a fresh/new application seeking renewal of recognition for the academic years 2025-26 and 2026-27 to run the classes from 1st standard to 8th standard. (viii) The third respondent shall conduct fresh/new inspection, after receiving the pleadings and documents of the petitioner as well as the application for renewal of recognition and documents and take - 9 - HC-KAR NC: 2025:KHC:44660 WP No. 10095 of 2023 appropriate decision/pass appropriate orders, after providing sufficient and reasonable opportunity of hearing to the petitioner in accordance with law. (ix) Petitioner is permitted to file requisite application for renewal of recognition either physically or through Online and the same shall be considered by the third respondent in accordance with law. (x) It is further directed that till the completion of the academic year 2026-27, the respondents shall not take any precipitate steps against the petitioner - Institution, in their aforesaid lands. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* CT-SG List No.: 1 Sl No.: 18