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2025 DAILYLAW 72440 (KAR)

SRI. SHARADA ENGLISH MEDIUM v. STATE OF KARNATAKA

WP/31898/2025 · 2025-11-20

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48041 WP No. 31898 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 31898 OF 2025 (EDN-RES) BETWEEN: SRI. SHARADA ENGLISH MEDIUM HIGHER PRIMARY SCHOOL, RIPPONPET, HOSANAGARA TALUK, SHIVAMOGGA DISTRICT BEARING SCHOOL CODE- KK0397 MANAGED BY MANDARA VIDYA SAMSTE ® KAREMATTI, KOTETHARIGA POST, SHIVAMOGGA DISTRICT – 577 401 REPRESENTED BY ITS SECRETARY SRI. DEVARAJA D. M., AGED 58 YEARS, S/O MANJAPPA GOWDA R/AT SRI. RAMAKRISHNA VASATI VIDYALAYA M.L HALLI, SAGARA TALUK, SHIVAMOGGA – 577 434. …PETITIONER (BY SRI. P.P. HEGDE, SENIOR ADVOCATE FOR SRI. GANAPATHI BHAT, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT PRIMARY AND SECONDARY EDUCATION DEPARTMENT, M.S BUILDING, DR. AMBEDKAR VEEDHI BANGALORE – 560 001 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, PRIMARY AND SECONDARY EDUCATION, NRUPATHUNGA ROAD, K.R. CIRCLE, BANGALORE – 560 001 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, SECONDARY EDUCATION, NRUPATHUNGA ROAD, K.R. CIRCLE, BANGALORE – 560 001 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48041 WP No. 31898 of 2025 4. THE DEPUTY DIRECTOR (ADMINISTRATION) DEPARTMENT OF PUBLIC INSTRUCTION, SHIMOGA, SHIMOGA DISTRICT – 577 401 5. BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTION OFFICE OF THE BLOCK EDUCATION OFFICER, HOSANAGARA TALUK, SHIMOGA DISTRICT KARNATAKA – 577 401. 6. PRESIDENT AND DIRECTOR (EXAMINATION) KARNATAKA SCHOOL EXAMINATION AND ASSESSMENT BOARD (KSEAB), MALLESHWARAM 6TH CROSS, BENGALURU – 03. 7. THE COMMISSIONER, KARNATAKA SCHOOL EXAMINATION AND ASSESSMENT BOARD (KSEAB), MALLESHWARAM 6TH CROSS, BENGALURU - 03. 8. PRINCIPAL SECRETARY DEPARTMENT OF EDUCATION (PRIMARY AND SECONDARY EDUCATION) M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU – 01. …RESPONDENTS (BY SRI. V.G. BHANU PRAKASH, AAG A/W SRI. K. MANJUNATH, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRITS/ORDERS QUASHING THE NOTICE DATED 01-04-2025 ISSUED TO THE PETITIONER-SCHOOL BY RESPONDENT NO.4 ON 03-04-2025 BEARING NO.2 2. /36/2024-25 VIDE ANNEXURE-D AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:48041 WP No. 31898 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "(a) Issue a writ of certiorari or any other appropriate writs/orders quashing the notice dated 01-04-2025 issued to the Petitioner-School by Respondent No.4 on 03-04-2025 bearing No.f 2:C£ÀÄ.±Á¯É.ºÉÆ/36/2024-25 vide Annexure-D; (b) Issue a appropriate Writs/orders directing the respondents to renew the recognition of the Petitioner-school from 2024-2025 onwards pursuant to the application dated 28-02-2025 vide Annexure- E and also restrain the respondents from causing any interference or obstruction to the Petitioner-school; (c) Issue appropriate Writs/order declaring that the action of the Respondents in removing the name of the School "Sri. Sharada English Medium Higher Primary School, Ripponpet, Hosanagara Taluk. Shivamogga District" Bearing School Code- KK0397 Managed by Mandara Vidya Samste ® from the website kseeb.karnataka.gov.in (Karnataka School Examination and Assessment Board) and thereby deactivating the same as arbitrary, unlawful and illegal, the action of which is reflected in the website extract as Annexure-F; - 4 - HC-KAR NC: 2025:KHC:48041 WP No. 31898 of 2025 (d) Issue respondents Writs/order directing that the action of the Respondents in issuing the SSLC Marks Card in the name of Government Junior College Ripponpet Hosanagara Taluk Shivamogga, to the Students who have appeared for SSLC Examination (2025) in the Petitioner's School as arbitrary, unlawful, and illegal, the action of which is reflected at Annexure-H1 and J1. (e) Grant such other reliefs and orders as this Hon'ble Court may deem fit in the facts and circumstances of the case in the interest of justice and equity." 2. Heard learned Senior counsel for the petitioner and learned AAG for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the 4th respondent having issued a notice dated 01.04.2025, the petitioner submitted a reply dated 02.05.2025, pursuant to which, the respondents did not take any decision or pass any orders in this regard. 4. It is the grievance of the petitioner that without passing appropriate orders or taking decision pursuant to the reply 02.05.2025 submitted by the petitioner, the respondents proceeded - 5 - HC-KAR NC: 2025:KHC:48041 WP No. 31898 of 2025 to deactivate the name of the petitioner's school from the website, portal etc., and removed the name of the petitioner's school from the marks card of the students and as such, the petitioner is before this Court by way of the present petition. 5. Per contra, learned AAG for the respondents submits that if reasonable time is granted, the respondents would consider the reply submitted by the petitioner and take appropriate decision and pass appropriate orders in accordance with law. 6. When the matter came up before this Court on 24.10.2025, this Court passed the following interim order: "Office objections are over-ruled for the present. Learned HCGP accepts notice for the respondents and seeks time. In the light of the interim order granted in W.P.Nos.19848/2025 and 19951/2025, there shall be an interim order as prayed for in this petition also till the next date of hearing. Liberty is reserved to the respondents to seek vacation or modification of the interim order Re-list on 07.11.2025." 7. Subsequently on 14.11.2025, this Court passed the following order: - 6 - HC-KAR NC: 2025:KHC:48041 WP No. 31898 of 2025 "On 24.10.2025, this Court passed the following interim order: "Office objections are over-ruled for the present. Learned HCGP accepts notice for the respondents and seeks time. In the light of the interim order granted in W.P.Nos.19848/2025 and 19951/2025, there shall be an interim order as prayed for in this petition also till the next date of hearing. Liberty is reserved to the respondents to seek vacation or modification of the interim order Re-list on 07.11.2025." Learned Senior Counsel for the petitioner submits that the aforesaid interim order passed by this Court has not been complied with even till today thereby causing irreparable injury and hardship to the petitioner. Sri. Manu K., S.D.A., KSEAB, official of the SSLC Board is physically present and submits that the aforesaid interim order would be complied with immediately without any delay. The said submission is placed on record. Re-list on 19.11.2025 at 10.30 A.M. at the top of the list. In the meanwhile, the respondents are directed to comply with and abide by the aforesaid interim order dated 24.10.2025 and report compliance by the next date of hearing. 8. The aforesaid interim orders having been complied with by the respondents who activated the name of the petitioner's school in the official website, portal etc., as stated supra, since the - 7 - HC-KAR NC: 2025:KHC:48041 WP No. 31898 of 2025 respondents have not passed any orders / taken any decision pursuant to the reply submitted by the petitioner, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the concerned respondents to consider the reply submitted by the petitioner and take appropriate decision and pass appropriate orders in accordance with law. In addition thereto, the respondents are directed to conduct an inspection of the petitioner's school and proceed further in accordance with law. Further, the petitioner is directed to appear before the 3rd respondent on 15.12.2025, who shall provide sufficient and reasonable opportunity to the petitioner and proceed further in accordance with law. 9. In the result, I pass the following: ORDER (i) Petition is hereby disposed of. (ii) Petitioner is directed to appear before the 3rd respondent on 15.12.2025 and submit pleadings, documents etc., which shall be considered by him and proceed further in accordance with law. - 8 - HC-KAR NC: 2025:KHC:48041 WP No. 31898 of 2025 (iii) The interim orders dated 24.10.2025 and 14.11.2025 passed by this Court in the present petition are made absolute. (iv) The respondent - SSLC Board is directed to delete the name of the schools shown in the marks card of the students of the petitioner - School and replace the same with the name of the petitioner's school in all the SSLC marks card of all the students and issue fresh marks card as per the names of the students shown in Annexure-G within a period of two weeks from the date of receipt of a copy of this order. (v) In view of the present order, the concerned respondents are directed to renew the recognition of the petitioner's school for the academic year 2024-25 and 2025-26 by issuing necessary documents in this regard, subject to compliance of other statutory requirements. (vi) Insofar as academic year 2026-27 is concerned, liberty is reserved in favour of the petitioner to file an application seeking renewal of the recognition, which shall be considered by the concerned respondents in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK/SRL