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2025 DAILYLAW 73491 (KAR)

SRINIVASA EDUCATION SOCIETY (REGD) v. STATE OF KARNATAKA

WP/14711/2025 · 2025-12-02

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50057 WP No. 14711 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 14711 OF 2025 (EDN-RES) BETWEEN: 1. SRINIVASA EDUCATION SOCIETY (REGD) REPRESENTED BY ITS SECRETARY, HUILDORE, SIRA TALUK, TUMKUR DISTRICT TUMKUR - 572 137 …PETITIONER (BY SRI. T. NARAYANA SWAMY, ADVOCATE FOR SRI. RAGHUPATHI M.J., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF SCHOOL AND LITERACY M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001 2. THE DEPUTY DIRECTOR DEPARTMENT OF SCHOOL AND LITERACY, TUMKUR NORTH, MADHUGIRI EDUCATIONAL DISTRICT - 572 101 3. THE BLOCK EDUCATION OFFICER, SIRA TALUK, MADHUGIRI EDUCATIONAL DISTRICT - 572 137 4. THE CHIEF EXECUTIVE OFFICER. TUMKUR ZILLA PANCHAYAT. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50057 WP No. 14711 of 2025 TUMKUR - 572 101 …RESPONDENTS (BY SRI. K. MANJUNATH, HCGP FOR R1 TO R3; R4 IS SERVED BUT UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASH THE ORDER NO. SI6 (ANU 1) DDSEMG-GIAOFRRR/72/2025-ADMN E-19593 DATED 19.4.2025 ISSUED BY THE 2ND RESPONDENT ANNEXURE-F AND ORDER NO. SI7. KHA.A.PROW.SHI. MANYATE. BAGGE.42/2025-26 DATED 8.5.2025 ISSUED BY THE 3RD RESPONDENT ANNEXURE-G AND ETC. THIS 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, the petitioner seeks the following reliefs: "i) Issue a writ of Certiorari or any other nature to quash the order NO. Si6 (Anu 1) DDSEMG- GIAOFRRR/72/2025-ADMN E-19593 dated 19.4.2025 issued by the 2nd respondent Annexure -F and order No. Si7. Kha.A.Prow.Shi. Manyate. Bagge.42/2025-26 dated 8.5.2025 issued by the 3rd respondent Annexure-G - 3 - HC-KAR NC: 2025:KHC:50057 WP No. 14711 of 2025 ii) Issue any other order or direction or grant any relief which this Hon'ble court deems fit, including the costs of this writ petition in the interest of justice and equity." 2. Heard the learned counsel for the petitioner, the learned HCGP for respondent Nos.1 to 3 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner's society is registered under the Karnataka Societies Registration Act in the year 1982 and has been running a school in the name and style of 'Srinivasa Vidyavardhaka High School', which is receiving grant-in-aid from the Government. On 01.06.1994, the petitioner's school was recognized under the Karnataka Education Act, 1983 and its recognition was renewed from time to time. When the petitioner applied for renewal of recognition for the academic year 2024-25, respondent No.2 issued a notice calling upon the petitioner to show cause as to why the registration of the petitioner's school should not be cancelled and as to why the grant-in-aid in favour of the petitioner should not be withdrawn. In pursuance of the same, respondent No.3 issued the Office Memorandum at Annexure - G dated 08.05.2025 to the - 4 - HC-KAR NC: 2025:KHC:50057 WP No. 14711 of 2025 petitioner calling upon him not to admit any students. It is the grievance of the petitioner that despite petitioner having submitted a detailed reply dated 12.05.2025 to the aforesaid Office Memorandum and subsequent reply during the pendency of the present petition at Annexure -K dated 01.08.2025, the respondents are not permitting the petitioner to admit students and also have withdrawn the grant-in-aid in favour of the teachers and are not providing benefits to the students and as such, the petitioner is before this Court by way of the present petition. 4. When the matter came up before this Court, on 20.05.2025, the following order was passed: "Court fee is said to have been paid. Office to verify. Heard learned counsel for the petitioner and learned AGA. The petitioner is challenging the authority of the BEO who issued the notice as per Annexure-G barring the petitioner from admitting the students to the academic year 2025-26. Learned AGA submits that there is an alternative remedy available for the petitioner. - 5 - HC-KAR NC: 2025:KHC:50057 WP No. 14711 of 2025 Annexure-G dated 08.05.2025 by BEO is stayed subject to condition that any admissions that may be made by the petitioner would be subject to final outcome of the inquiry initiated by the DDPI and the present writ petition. Issue notice to other respondents." 5. Subsequently, the petitioner has filed I.A.No.2/2025 for a direction to the respondents to release the grant-in-aid in favour of the teachers and other benefits to the students. 6. Per contra, the learned HCGP for respondent Nos.1 to 3 submits that there is no merit in the petition and the same is liable to be dismissed. 7. A perusal of the aforesaid facts and circumstances and the material on record will indicate that without considering the request of the petitioner for renewal of recognition for the academic year 2024-25 to the petitioner's school, the respondents have stopped the grant-in-aid and are not granting benefits to the students so also reply dated 12.05.2025 and the subsequent representation dated 01.08.2025 have not been considered by the respondents even till today. - 6 - HC-KAR NC: 2025:KHC:50057 WP No. 14711 of 2025 8. Under these circumstances, I deem it just and appropriate to dispose of this petition by quashing the impugned Office Memorandum dated 08.05.2025 at Annexure-G and remitting the matter back to the concerned respondent for reconsideration of the request of the petitioner for renewal of the recognition for the academic year 2024-25 and by issuing certain directions in this regard. 9. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned Office Memorandum dated 08.05.2025 at Annexure-G, is hereby set aside. (iii) The petitioner is directed to appear before respondent No.2 on 12.01.2026. (iv) Respondent No.2 shall consider the request of the petitioner for renewal of recognition of the petitioner's school for the academic year 2024-25 and for subsequent years and take appropriate decision/ pass appropriate orders, in accordance with law. - 7 - HC-KAR NC: 2025:KHC:50057 WP No. 14711 of 2025 (v) Respondent No.2 shall consider the reply dated 12.05.2025 and 01.08.2025 at Annexures-H and K submitted by the petitioner and take appropriate decision / pass appropriate orders in accordance with law after providing sufficient and reasonable opportunity to the petitioner and hearing the petitioner. (vi) It is further directed that till respondent No.2 takes appropriate decision / pass appropriate orders as stated supra, the concerned respondent shall provide grant-in-aid and other benefits to the teachers and students of the petitioner's school. (vii) Liberty is reserved in favour of the petitioner to file additional pleadings, documents etc., shall be considered by respondent No.2 who shall provide sufficient and reasonable opportunity to the petitioner and proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 1 Sl No.: 23 CT-SG