- 1 - HC-KAR NC: 2025:KHC:35821 WP No. 26202 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.26202 OF 2024 (EDN-RES) BETWEEN: 1. JYESHTHA ACHARYA K. T. AGED 9 YEARS S/O. SRI TRIVIKRAM K. R. STUDENT OF III STD IN DAFFODILS FOUNDATION FOR LEARNING/RESPONDENT NO.6 REP. BY HIS NATURAL GUARDIAN AND FATHER SRI TRIVIKRAM K. R. AGED 43 YEARS S/O. RAMAKRISHNA ACHAR R/AT NO.83, ANANTHA, 1ST MAIN, AECS LAYOUT OPP. AKAI PUBLIC SCHOOL, SANJAY NAGAR BENGALURU – 560 094. 2. AEYUSH SREENIVASA AGED 10 YEARS S/O. SMT. KAVITHA SREENIVASA STUDENT OF V STD IN DAFFODILS ENGLISH SCHOOL/RESPONDENT NO.5 REP. BY HIS NATURAL GUARDIAN AND MOTHER SMT. KAVITHA SREENIVASA AGED 42 YEARS D/O. LATE D. V. MANOHARA GUPTA R/AT NO.1, 5TH CROSS, VISWESWARAIAH LAYOUT OPP. CIL LAYOUT, CHOLANAYAKANAHALLI R. T. NAGAR, BENGALURU – 560 032. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35821 WP No. 26202 of 2024 3. MS. NITYA NIVEDITA KURAPATI AGED 11 YEARS D/O. SRI CHANDRASEKHAR REDDY KURAPATI STUDENT OF V STD IN DAFFODILS ENGLISH SCHOOL/RESPONDENT NO.5 REP. BY HER NATURAL GUARDIAN AND FATHER SRI CHANDRASEKHAR REDDY KURAPATI AGED 45 YEARS S/O. KRISHNA REDDY KURAPATI R/AT NO.11/1, 5TH CROSS VISWESWARAIAH LAYOUT, OPP. CIL LAYOUT CHOLANAYAKANAHALLI, R. T. NAGAR BENGALURU – 560 032. 4. MS. DHATRI TRIVIKRAM AGED 12 YEARS D/O. SRI TRIVIKRAM K. R. STUDENT OF V STD IN DAFFODILS ENGLISH SCHOOL/RESPONDENT NO.5 REP. BY HER NATURAL GUARDIAN AND FATHER SRI TRIVIKRAM K. R. AGED 43 YEARS S/O. RAMAKRISHNA ACHAR R/AT NO.83, ANANTHA, 1ST MAIN, AECS LAYOUT OPP. AKAI PUBLIC SCHOOL, SANJAY NAGAR BENGALURU – 560 094. 5. MS. AFSHEEN KAUSAR AGED 12 YEARS D/O. SMT. AYESHA BEGUM STUDENT OF VIII STD IN DAFFODILS FOUNDATION FOR LEARNING/RESPONDENT NO.6 REP. BY HER NATURAL GUARDIAN AND MOTHER SMT. AYESHA BEGUM AGED 43 YEARS D/O. MOHAMED ALI SANKANAL R/AT NO.10, ARYAN TOWERS, GUDADAHALLI NAGASHETTIHALLI MAIN ROAD, HEBBAL BENGALURU – 560 094. - 3 - HC-KAR NC: 2025:KHC:35821 WP No. 26202 of 2024 6. MASTER AADI SHAILESH AGED 12 YEARS S/O. SRI SHILESH KUMAR STUDENT OF VII STD IN DAFFODILS FOUNDATION FOR LEARNING/RESPONDENT NO.6 REP. BY HIS NATURAL GUARDIAN AND FATHER SRI SHILESH KUMAR AGED 43 YEARS S/O. LATE MR. P. N. KUMARAN R/AT NO.201, JAYAGRANDEUR, 6TH MAIN 6TH CROSS, POSTAL COLONY, SANJAYNAGAR BENGALURU – 560 094. 7. RIYA SHENOI AGED 13 YEARS D/O. BALAGOPAL G. SHENOI STUDENT OF VIII STD IN DAFFODILS ENGLISH SCHOOL/RESPONDENT NO.5 REP. BY HER NATURAL GUARDIAN AND HER FATHER SRI BALAGOPAL G. SHENOI AGED 50 YEARS S/O. LATE MR. V. G. SHENOI R/AT NO.27, JAYA VILLA 4TH MAIN, POSTAL COLONY, SANJAYNAGAR BENGALURU – 560 094. 8. MS. HANSHITA KURAPATI AGED 13 YEARS D/O. SRI CHANDRASEKHAR REDDY KURAPATI STUDENT OF VIII STD IN DAFFODILS ENGLISH SCHOOL/RESPONDENT NO.5 REP. BY HER NATURAL GUARDIAN AND FATHER SRI CHANDRASEKHAR REDDY KURAPATI AGED 45 YEARS S/O. KRISHNA REDDY KURAPATI R/AT NO.11/1, 5TH CROSS VISWESWARAIAH LAYOUT, OPP. CIL LAYOUT CHOLANAYAKANAHALLI, R. T. NAGAR BENGALURU – 560 032. - 4 - HC-KAR NC: 2025:KHC:35821 WP No. 26202 of 2024 9. MS. SAMEKSHA GUPTA SREENIVASA AGED 14 YEARS D/O. SMT. KAVITHA SREENIVASA STUDENT OF IX STD IN DAFFODILS ENGLISH SCHOOL/RESPONDENT NO.5 REP. BY HER NATURAL GUARDIAN AND MOTHER SMT. KAVITHA SREENIVASA AGED 42 YEARS D/O. LATE D. V. MANOHARA GUPTA R/AT NO.1, 5TH CROSS, VISWESWARAIAH LAYOUT OPP. CIL LAYOUT, CHOLANAYAKANAHALLI R. T. NAGAR BENGALURU – 560 032. …PETITIONERS (BY SRI ROHAN S., ADVOCATE FOR P-1 TO P-6 AND P-8 & P-9) SRI BALAGOPAL G. SHENOI, PARTY-IN-PERSON, FOR P-7) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY KARNATAKA STATE DEPARTMENT OF SCHOOL EDUCATION AND LITERACY 2ND GATE, 6TH FLOOR M. S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU – 560 001. 2. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS NEW PUBLIC OFFICE, NEAR RBI NRUPATUNGA ROAD, AMBEDKAR VEEDHI SAMPANGIRAMNAGAR BENGALURU – 560 001. 3. THE DEPUTY DIRECTOR PUBLIC INSTRUCTIONS (NORTH) DEPARTMENT OF SCHOOL EDUCATION AND LITERACY BENGALURU NORTH DISTRICT K. G. ROAD BENGALURU – 560 001. - 5 - HC-KAR NC: 2025:KHC:35821 WP No. 26202 of 2024 4. BLOCK EDUCATION OFFICER (NORTH ZONE 2) DEPARTMENT OF SCHOOL EDUCATION AND LITERACY GOVERNMENT JUNIOR COLLEGE BUILDING, MALLESHWARAM BENGALURU – 560 003. 5. THE DAFFODILS ENGLISH SCHOOL (ICSE BOARD) 4TH MAIN, RMV 2ND STAGE, SANJAYNAGAR BENGALURU – 560 094. 6. THE DAFFODILS FOUNDATION FOR LEARNING (CBSE BOARD), 4TH MAIN RMV 2ND STAGE, SANJAYNAGAR BENGALURU – 560 094. 7. THE DAFFODILS ENGLISH SCHOOL ASSOCIATION 4TH MAIN, RMV 2ND STAGE, SANJAYNAGAR BENGALURU – 560 094. …RESPONDENTS (BY SMT. B. P. RADHA, A.G.A., FOR R-1 TO R-4; SRI K. N. PHANEENDRA, SR. COUNSEL, FOR, SMT. LEELA P. DEVADIGA, ADVOCATE FOR R-5 TO R-7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENTS NO.1 TO 4 TO FORTHWITH DERECOGNISE RESPONDENTS NO.5 AND 6 AND ALSO TAKE APPROPRIATE PENAL AND OTHER LEGAL ACTION AGAINST RESPONDENTS NO.5, 6 AND 7 FOR INDULGING IN VARIOUS VIOLATIONS PURSUANT TO SHOW CAUSE NOTICE DATED 06- 06-2023 ISSUED BY RESPONDENT NO.4 TO RESPONDENT NO. 5 AND 6 VIDE ANNEXURE ‘N’ AND SUBMIT COMPLIANCE REPORT TO THIS HON’BLE COURT AND ETC. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:35821 WP No. 26202 of 2024 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER This writ petition is filed by students represented by their guardians voicing grievances against the institution where the students are studying. The respondents No.5 to 7 is the institution and its management against whom grievances are voiced by the petitioners. This writ petition was filed on 20.09.2024 with various prayers including to de-recognize the institution; take legal action against the institution and the management; declare that the removal of the students from the institution is illegal and the institution and the management are guilty of violating the fundamental rights guaranteed under Article 21A of the Constitution of India and the provision of the Right of Children to Free and Compulsory Education Act, 2009 etc. 2. During the course of this petition, this Court directed the guardians of the petitioners to file affidavits before this Court stating as to whether the students have been enrolled in some other institution or whether they - 7 - HC-KAR NC: 2025:KHC:35821 WP No. 26202 of 2024 have not joined any other school. Affidavits have been filed by the guardians accordingly on 06.08.2025 clearly stating that the students have been enrolled in other institutions only to ensure that their schooling and studies would continue. It is also stated that the guardians have ensured homeschooling of the petitioners immediately after the students were removed from the institution. 3. Learned Senior Counsel Sri K.N.Phanindra, appearing for respondents No.5 to 7, institution and the management stated that the students were never prevented from attending the classes only because the fees have not been paid. On the other hand, it is submitted that the guardian of the petitioners herein have failed to pay the fee of the petitioners from the year 2018 and despite the same the students were permitted to continue their studies in the school. It is submitted that in some of the cases herein, the other elderly siblings of petitioner No.7 has continued to study in the school and he completed 10th Standard without paying fee for nearly - 8 - HC-KAR NC: 2025:KHC:35821 WP No. 26202 of 2024 3 years. Despite all these circumstances, the institution has accommodated the petitioners herein to study in the school and they were never removed from the school as sought to be contended at the hands of the petitioners herein. Learned Senior Counsel submits that the guardians of the petitioners are in the habit of making complaints against the institution and the management on one pretext or the other and the management of the institution have been summoned by the respondent authorities including the Child Rights Commission. Learned Senior Counsel submits that it is true that certain orders were passed against the institution by some authorities and the institution and the management have complied with the directions issued wherever possible and the institution would reserved its rights to raise a challenge to such orders if they are not in accordance with law. Learned Senior Counsel would submit that the now when it is clear that the petitioners have joined some other institution, the - 9 - HC-KAR NC: 2025:KHC:35821 WP No. 26202 of 2024 writ petition should be disposed of reserving liberty to the institution to recover the fee from the guardians. 4. The guardians of the petitioners herein, who have appeared as party-in-person have been permitted to make their submissions before this Court. It is contended by the guardians that the institution and the management are guilty of various violations including the collection of fee without authority of law and that is not the only allegation against the institution. The guardians would insist on the implementation of the Karnataka Education Institution's (Regulation of Certain Fees and Donations) Rules, 1999, notified by the Government of Karnataka in the notification bearing No.ED 31 PGC 2019 dated 26.06.2019 published in Part III of the Karnataka Gazette and a subsequent notification dated 24.07.2019. However, at this Juncture, learned AGA submitted that the notification referred to by the guardians of the petitioners have been quashed at the hands of this Court, but the same is now under consideration before the Hon'ble - 10 - HC-KAR NC: 2025:KHC:35821 WP No. 26202 of 2024 Supreme Court. The guardians would submit that the orders passed by this court has been stayed at the hands of the Hon'ble Supreme Court. 5. Having regard to the grievances raised by the petitioners, their guardians and having regard to the affidavits filed at the hands of the guardians, this Court is of the considered opinion that since the petitioners have been admitted in other institutions during the pendency of this writ petition, this Court should consider the writ petition in the light of the subsequent development. However, it is noticeable that the prayer made by the petitioners is to derecognize the institution. This itself clearly shows that alternative arrangements were already made for the petitioners and the same is confirmed by the affidavits filed by the guardians. At any rate since alternative arrangements have been made for the petitioners, and today a submission is made by the guardians seeking direction to the respondent institution and its management to issue transfer certificates to the - 11 - HC-KAR NC: 2025:KHC:35821 WP No. 26202 of 2024 students to enable them to continue their studies without any hindrance, this Court is of the considered opinion that the writ petition should be disposed of accordingly. 6. The writ petition is accordingly disposed of, while directing respondents No.5 to 7 to issue transfer certificates to the petitioners, which will ensure the continuation of their study in alternative institutions. As regards the fee is concerned, liberty is reserved to the respondent institution and its management to proceed against the guardians of the petitioner's herein if they have not paid the fee and they may collect the same only in accordance with law. Directions are also given to the competent authority to issue appropriate directions to the school where the petitioners are now continuing their education to ensure that the transfer certificates are accepted and there is no difficulties caused to the petitioners in continuing their studies in the alternative schools. - 12 - HC-KAR NC: 2025:KHC:35821 WP No. 26202 of 2024 7. Needless to observe that if the petitioners are of the opinion that the institutions like the respondent institutions have not been following any particular provision either in regard to the collection of fee or any other violations of any provisions, they are at liberty to pursue their grievances in accordance with law. It is also necessary to observe that if the respondent institution and the management have prescribed a certain fee, which is published in the notice board of the institution, the guardians of the students studying in the institution are required to pay the fee accordingly until any changes are made in accordance with law. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KLY