- 1 - HC-KAR NC: 2025:KHC:49057 WP No. 29276 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 29276 OF 2025 (EDN-RES) BETWEEN: 1. NEW OXFORD SCHOOL (R) A SCHOOL REGD., UNDER SECTION 31 OF THE KARNATAKA EDUCATION ACT 1983 ESTD. AT KALKERE ROAD, CHIKKATHIRUPATI POST, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 160. REPTD., BY ITS SECRETARY SRI. DILIP KUMAR K.V. S/O VENKATESH GOWDA AGED ABOUT 29 YEARS. 2. VENKATESHWARA EDUCATION TRUST (R) A TRUST REGD. UNDER THE TRUST ACT HAVING ITS OFFICE AT KALKERE ROAD CHIKKATHIRUPATI POST, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 160. REPTD., BY ITS SECRETARY SRI. DILIP KUMAR K.V. S/O VENKATESH GOWDA AGED ABOUT 29 YEARS …PETITIONERS (BY SRI. MALLIKARJUN N.K., ADVOCATE FOR SRI. SAMPATH A., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49057 WP No. 29276 of 2025 AND: 1. STATE OF KARNATAKA REPTD. BY ITS SECRETARY DEPARTMENT OF EDUCATION, M.S. BUILDING, BENGALURU - 560 001. 2. DIRECTOR OF PUBLIC INSTRUCTIONS K.R. CIRCLE, BENGALURU - 560 001. 3. FIELD EDUCATION OFFICER DEPARTMENT OF SCHOOL AND LITERACY MALUR TALUK - 563 160. 4. DEPUTY DIRECTOR (ADMINISTRATION) DEPATMENT OF SCHOOL AND EDUCATION M.S. BUILDING, BENGALURU - 560 001. 5. SRI. M. GOPAL S/O LATE MUNISWAMY AGED ABOUT 50 YEARS, 6. SMT. MUNIYAMMA N W/O SRI GOPAL M AGED ABOUT 43 YEARS, BOTH 5 AND 6 ARE R/AT NO.190, BHAHADHURPURA VILLAGE, ANEKAL TALUK, BENGALURU DISTRICT - 562 106. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP FOR R1 TO R4 R5 AND R6 - SERVED) - 3 - HC-KAR NC: 2025:KHC:49057 WP No. 29276 of 2025 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE RECOMMENDATIONS DATED NIL, PASSED BY THE RESPONDENT NO.3, AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: "a. Issue Writ in the nature of certiorari quashing the recommendations dated "nil", passed by the Respondent No.3, at Annexure-A. b. Consequently, direct the Respondent no.1 to 4 to take action against the Respondent No.5 and 6 for misrepresentation and playing fraud on the Petitioners and to the Respondent No.1 to 4 by considering the representations dated 10.09.2025 and 11.09.2025 at Annexure- H1 and H2. c. Direct the Respondent No.1 to 4 to pass an order for immediate stoppage of running the school by Respondent No.5 and 6 in the name and style as the Petitioner No.1 by at property bearing Sy.No.11/1 and Sy.No 11/2 of Kalkere Village as per lease deed dated 17.07.2023 vide Annexure-J. - 4 - HC-KAR NC: 2025:KHC:49057 WP No. 29276 of 2025 d. Pass such other order or further orders as this Hon'ble Court deems fit. In the facts and circumstances of the above case, in the interest of Justice and Equity." 2. Heard the learned counsel for the petitioners, learned HCGP for respondent Nos.1 to 4 and perused the material on record. 3. Learned counsel for the petitioners would reiterate the various contentions urged in the petition and referred to the material on record in order to point out that before conducting inspection of the petitioners' institution, the petitioners were not notified and the inspection was conducted in the absence of the petitioners, which culminated in the impugned inspection report and recommendation dated 15.05.2025, which is violative of principles of natural justice and the same deserves to be quashed. 4. Per contra, learned HCGP for respondent Nos.1 to 4 submits that there is no merit in the petition and the same is liable to be dismissed. 5. A perusal of the impugned spot inspection report at Annexure-A along with the recommendation appended thereto will - 5 - HC-KAR NC: 2025:KHC:49057 WP No. 29276 of 2025 indicate that the same does not contain / bear the signatures of the petitioners or its office bearers and the contents of the same does not indicate the presence of the petitioners or its office bearers and that they were notified prior to conducting the inspection by the respondents. Under these circumstances, though several contentions have been urged by the petitioners in the present petition, without expressing any opinion on the merit / demerits of the said contentions, I deem it just and appropriate to set aside the Spot Inspection Report at Annexure-A and dispose of the petition, reserving liberty in favour of respondent Nos.1 to 4 to conduct fresh inspection after duly notifying the petitioners and providing sufficient and reasonable opportunity and to proceed further, in accordance with law. 6. In the result, the following: ORDER (i) The petition is hereby disposed of. (ii) The impugned order at Annexure-A passed by respondent No.3 is hereby set aside. - 6 - HC-KAR NC: 2025:KHC:49057 WP No. 29276 of 2025 (iii) Respondent Nos.1 to 4 are reserved liberty to take necessary steps to conduct fresh inspection after duly notifying the petitioners and providing sufficient and reasonable opportunity to the petitioners and to proceed further, in accordance with law. (iv) It is made clear that the present order is passed without prejudice to the rival contentions between the petitioners and respondent Nos.5 and 6 herein and pending O.S.No.28/2025, which shall be decided by the Trial Court, in accordance with law. (v) In the event respondent Nos.1 to 4 decide to conduct fresh inspection, the concerned respondent Nos.1 to 4 shall duly notify the petitioners about the date of inspection and proceed further, in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 1 Sl No.: 46/CT:BHK