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2025 DAILYLAW 74820 (KAR)

SRI RAMAKRISHNA VIDYASHRAMA TRUST (R) v. STATE OF KARNATAKA

WP/19848/2025 · 2025-11-20

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48043 WP No. 19848 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. 19848 OF 2025 (EDN-RES) BETWEEN: SRI RAMAKRISHNA VIDYASHRAMA TRUST (R) GOPALGOWDA LAYOUT, SHIVAMOGGA DISTRICT- 577434 REPRESENTED BY ITS MANAGING TRUSTEE SRI. DEVARAJA D.M, AGED 58 YEARS, S/O MANJAPPA GOWDA, R/AT SRI. RAMAKRISHNA VASATI VIDYALAYA, M.L HALLI, SAGARA TALUK, SHIVAMOGGA 577434 …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. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48043 WP No. 19848 of 2025 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, SECONDARY EDUCATION NRUPATHUNGA ROAD, K.R. CIRCLE, BANGALORE - 560 001 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-560003 7. THE COMMISSIONER KARNATAKA SCHOOL EXAMINATION AND ASSESSMENT BOARD (KSEAB) MALLESHWARAM 6TH CROSS, BANGALORE-560003 8. PRINCIPAL SECRETARY DEPARTMENT OF EDUCATION (PRIMARY AND SECONDARY EDUCATION) M.S. BUILDING,DR.AMBEDKAR VEEDHI BENGALURU-560001 …RESPONDENTS (BY SRI. V.G. BHANUPRAKASH, AAG A/W SRI. K. MANJUNATH, HCGP) - 3 - HC-KAR NC: 2025:KHC:48043 WP No. 19848 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) QUASHING THE COMMUNICATION DATED 21-05-2025 VIDE ANNEXURE-L, ISSUED BY RESPONDENT NO.5 TO THE PETITIONER REFUSING TO ENTER/ACTIVATE THE NAME OF THE PETITIONERS SCHOOL SRI RAMAKRISHNA VIDYALAYA (PRIMARY AND SECONDARY SCHOOL), HOSANAGARA, SHIVAMOGGA DISTRICT BEARING USERNAME KK0256 IN THE OFFICIAL WEBSITE OF THE RESPONDENTS NAMED AS KARNATAKA SCHOOL EXAMINATION AND ASSESSMENT BOARD WITH WEBSITE ADDRESS/LINK KSEEB.KARNATAKA.GOV.IN AND CONSEQUENTLY DIRECT THE RESPONDENTS TO FORTHWITH ACTIVATE THE PETITIONERS SCHOOL SRI RAMAKRISHNA VIDYALAYA (PRIMARY AND SECONDARY SCHOOL), HOSANAGARA, SHIVAMOGGA DISTRICT BEARING USERNAME KK0256 IN THE OFFICIAL WEBSITE OF THE RESPONDENTS NAMED AS KARNATAKA SCHOOL EXAMINATION AND ASSESSMENT BOARD WITH WEBISTE ADDRESS/LINK KSEEB, KARNATAKA.GOV.IN. AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:48043 WP No. 19848 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 communication dated 21-05-2025 vide Annexure-L, issued by Respondent No.5 to the Petitioner refusing to enter/activate the name of the Petitioner's School "Sri Ramakrishna Vidyalaya (Primary and Secondary School)", Hosanagara, Shivamogga District bearing Username KK0256 in the official website of the Respondents named as Karnataka School Examination and Assessment Board with website address/link kseeb.karnataka.gov.in and consequently direct the Respondents to forthwith activate the Petitioner's School "Sri Ramakrishna Vidyalaya (Primary and Secondary School)", Hosanagara, Shivamogga District bearing Username KK0256 in the official website of the Respondents named as Karnataka School Examination and Assessment Board with website address/link kseeb.karnataka.gov.in; (b) Issue a appropriate Writ/order declaring that the action of the Respondents in removing the name of the School "Sri Ramakrishna Vidyalaya (Primary and Secondary School)", Hosanagara, Shivamogga District bearing Username KK0256 managed by Petitioner-Trust from the website kseeb.karnataka.gov.in (Karnataka - 5 - HC-KAR NC: 2025:KHC:48043 WP No. 19848 of 2025 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 at Annexure-J; (c) Issue Appropriate Writs/Orders directing the Respondent No.1 to hold Enquiry and departmental action against the concerned officials responsible for unlawfully removing the name of the Petitioner's School "Sri Ramakrishna Vidyalaya (Primary and Secondary School)", Hosangara, Shivamogga District bearing Username KK0256 from the "Recognized Schools List" and deactivating Sri Ramakrishna Vidyalaya School, Hosanagara, Hosanagara Taluk, Shivamogga District in the website kseeb.karnataka.gov.in (Karnataka School Examination and Assessment Board) and driving the students of the School to obtain marks card and Study Certificate from Government School; (d) Issue Appropriate Writs/Orders directing the Respondents to compensate the petitioner in a sum of Rupees Ten Lakhs for violation of the fundamental rights of the Petitioner and direct Respondent No.1 and 2 to disciplinary enquiry and punish the officials responsible for the illegal acts. (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. A perusal of the material on record will indicate that the petitioner established and has been running a school under the - 6 - HC-KAR NC: 2025:KHC:48043 WP No. 19848 of 2025 name and style 'Sri Ramakrishna Vidyalaya School' at Hosanagar, Shivamogga District in the year 1999. After obtaining necessary No Objection Certificate (NOC) from the respondents-State, the petitioner obtained affiliation for CBSE with the CBSE Board in the year 2020, which permitted the petitioner to run classes in the CBSE Board also. Subsequently, respondent No.4 issued a show- cause notice dated 05.07.2024, calling upon the petitioner to show cause as to why the name of the petitioner's school should not be removed from the recognized school list. The proposed action was premised on the ground that having obtained affiliation with the CBSE Board, the petitioner is not entitled to run classes under both the CBSE and SSLC Boards, in view of the CBSE bye-laws, the relevant CBSE Notification and also the official Memorandum dated 07.09.2022 issued by the State Government. 3. Aggrieved by the impugned show cause notice and seeking other reliefs, the petitioner preferred W.P.No.24119/2024, in which, there was an interim order in favour of the petitioner, despite which, the respondents proceeded to remove and deactivate the name of the petitioner's school from the records, - 7 - HC-KAR NC: 2025:KHC:48043 WP No. 19848 of 2025 website, portal etc., as a result of which, the petitioner has approached this Court by way of the present petition. 4. Heard learned Senior counsel for the petitioner and learned AAG for the respondents-State and perused the material on record. 5. In this petition, the co-ordinate Bench of this Court on 08.07.2025 passed the following interim order, which reads as under: "Learned Additional Government Advocate accepts notice for the respondents. In the meanwhile, the internal correspondence dated 21.05.2025 (Annexure-L) issued by the respondent is hereby stayed and further direction is issued to the respondent to enter/activate the petitioner School "Sri Ramakrishnan Vidyalaya (Primary and Secondary School)", Hosanagara, Shivamogga District, bearing Username KK0256 in the official website of the respondent, till the next date of hearing. List on 17.07.2025. Tag along with W.P.Nos.18648/2024; 17097/2025 and 24119/2024." 6. This Court on 14.11.2025, passed the following order: "On 08.07.2025, this Court passed the following interim order: - 8 - HC-KAR NC: 2025:KHC:48043 WP No. 19848 of 2025 "Learned Additional Government Advocate accepts notice for the respondents. In the meanwhile, the internal correspondence dated 21.05.2025 (Annexure-L) issued by the respondent is hereby stayed and further direction is issued to the respondent to enter/activate the petitioner School "Sri Ramakrishnan Vidyalaya (Primary and Secondary School)", Hosanagara, Shivamogga District, bearing Username KK0256 in the official website of the respondent, till the next date of hearing. List on 17.07.2025. Tag along with W.P.Nos.18648/2024; 17097/2025 and 24119/2024." 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 08.07.2025 and report compliance by the next date of hearing. - 9 - HC-KAR NC: 2025:KHC:48043 WP No. 19848 of 2025 7. Learned Senior counsel for the petitioner submits that in addition to the order dated 20.11.2025 passed by this Court in the connected W.P.No.24119/2024, which was allowed in favour of the petitioner, petitioner would conduct classes both under the SSLC Board as well as CBSE Board without causing any inconvenience or hardship to the students. The said submission is placed on record. 8. As stated supra, in the earlier petition in W.P.No.24119/2024, this Court in relation to the very same petitioner herein passed the following order:- 11. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The impugned show cause notice at Annexure-B dated 05.07.2024 is hereby set aside. (iii) The Karnataka 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 within a period of two weeks from the date of receipt of a copy of this order. (iv) In view of the present order, the respondents are directed to renew the recognition of the petitioner's school for - 10 - HC-KAR NC: 2025:KHC:48043 WP No. 19848 of 2025 the academic year 2024-25 and 2025-26 by issuing necessary documents in this regard, subject to compliance of other statutory requirements. (v) 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. 9. In the result, I pass the following: ORDER (i) Petition is allowed and disposed of in terms of the aforesaid order 20.11.2025 passed in W.P.No.24119/2024. (ii) The impugned communication at Annexure-L dated 21.05.2025 issued by the 5th respondent is hereby set aside. (iii) The interim orders dated 08.07.2025 and 14.11.2025 passed by this Court in the present petition are made absolute. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK/SRL List No.: 2 Sl No.: 5