- 1 - HC-KAR NC: 2025:KHC:51575 WP No. 35882 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 35882 OF 2024 (EDN-RES) BETWEEN: 1. SRI RAJASHEKARAIAH EDUCATIONAL AND CHARITABLE TRUST HAVING ITS REGISTERED OFFICE AT NO.85/1, 13TH LOOP ROAD, IDEAL HOMES, R R NAGAR, BENGALURU - 560 098 REPRESENTED BY ITS VICE PRESIDENT AND DIRECTOR SRI R CHETHAN KUMAR 2. RAJASHEKARAIAH PUBLIC SCHOOL, ESTABLISHED BY THE SRI RAJASHEKARALAH EDUCATIONAL AND CHARITABLE TRUST, NH-75, SOLUR VILLAGE, MAGADI TALUK 562 127 REPRESENTED BY ITS PRINCIPAL SHRI R. SATISH …PETITIONERS (BY SRI. MADHUKAR M. DESHPANDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, M S BUILDING, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51575 WP No. 35882 of 2024 DR BR AMBEDKAR VEEDHI, BENGALURU 560 001 2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, BENGALURU - 560 001 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, BENGALURU - 560 001 4. THE DEPUTY DIRECTOR (ADMINISTRATION OF PUBLIC INSTRUCTIONS, OFFICE OF DEPUTY DIRECTOR, ZILLA PANCHAYATH BHAVAN, RAMANAGAR DISTRICT, RAMANAGAR - 562 127 5. BLOCK EDUCATION OFFICER, MAGADI, RAMANAGAR DISTRICT - 562120 …RESPONDENTS (BY SRI. MANJUNATH K., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE ORDER BEARING NO. ANU2.KHA.AA.R.HO.SHA.ANU/33/2023-24/2622/24/25 DATED 13/12/2024 PASSED BY THE R4 (ANN-A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:51575 WP No. 35882 of 2024 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 or quash the order bearing No.ANU2.KHA.A.AA.R.HO.SHA.ANU/33/2023-24- 2622/24/25 dated 13.12.2024 passed by the Respondent No.4(Annexure-A) in the interest of justice and equity. b. Issue writ in the nature of order or direction or mandamus directing the Respondent No. 2 and 4 to consider the reply dated 30.10.2024 (Annexure-N) and letter dated 06.12.2024 (Annexure-R) submitted by the Petitioner No.1 to the Respondent No.2 for considering the Fire Safety Compliance Certificate bearing C.No.18/DFO/RMFS/FSCR/2024 dated 22.10.2024 (Annexure-L) issued by the District Fire Office, Ramanagara and pass appropriate orders. c. Issue such other writ or order or direction as this Hon'ble Court may deem fit and necessary in the circumstances of the case." 2. Heard the learned counsel for the petitioners, learned HCGP for the respondents and perused the material on record. 3. Learned counsel for the petitioners would reiterate the various contentions urged in the petition and refer to the material on record in order to point out the impugned order having been passed by respondent No.4 - the Deputy Director (Administration) - 4 - HC-KAR NC: 2025:KHC:51575 WP No. 35882 of 2024 of Public Instructions, is without jurisdiction or authority of law since the order ought to have been passed by respondent No.3 - the Director of Public Instructions and consequently, in the light of the judgment of the Co-ordinate Bench of this Court in the case of Sri Manjunatha Education Trust v. The State of Karnataka and others in W.P.No.15029/2024 dated 01.07.2024, the impugned order deserves to be quashed. 4. Per contra, the learned HCGP submits that there is no merit in the petition and the same is liable to be dismissed. 5. A perusal of the material on record including the impugned order will indicate that the same is passed by respondent No.4 - the Deputy Director (Administration) of Public Instructions, who did not have jurisdiction or authority of law to pass the impugned order in terms of the Notification dated 29.09.2004 and it is only the Director, who would be entitled to pass the said order as held by the Co-ordinate Bench of this Court in Sri Manjunatha Education Trust's case supra, wherein it is held as under: "The petitioner has called in question the validity of the order at Annexure-'X' dated 31.05.2024 which is the - 5 - HC-KAR NC: 2025:KHC:51575 WP No. 35882 of 2024 order passed cancelling registration under Section 34 of the Karnataka Education Act, 1983 (for short 'the Act') and withdrawal of recognition under Section 39 of the Act for the year 2024-25 and declaring the school to be an unauthorised school. 2. Though various contentions have been raised on merits, one of the contentions raised is that Annexure-'X' is the order passed by the Deputy Director (Administration) and such officer could not have passed an order as regards cancellation of registration under Section 34 of the Act. 3. It is submitted that under notification dated 29.09.2004 bearing No.ED 11 MPS 2004(II), Bangalore, dated 14th September 2004, Karnataka Gazette, Extraordinary No.1085, at Sl.No.2 of the table, the authority that could deal with cancellation of registration under Section 34 of the Act would be the Director of Public Instructions (Primary Education). While at Sl.No.15 as regards the order under Section 39 of the Act, it would be the Deputy Director of Public Instructions for Pre-Primary and Primary Schools. 4. It is submitted that as the order under Section 34 of the Act is also referred to in the operative portion. The said order is required to be passed by the Director of Public Instructions and as the present order is passed by the Deputy Director, same is one without jurisdiction. 5. Perused the notification dated 29.09.2004, the table insofar as relevant reads as follows: - 6 - HC-KAR NC: 2025:KHC:51575 WP No. 35882 of 2024 "In exercise of the powers conferred by clause (7) of Section 2 of the Karnataka Education Act, 1983 (Karnataka Act 1 of 1995), and in supersession of the Notification No.ED 137 VIVIDA 98, dated 19th May, 1999 (Published in the Karnataka Gazette, Part IV, Section 2-C(ii), Extraordinary No.534, dated 22-5- 1999) the Government of Karnataka hereby authorises officers specified in column (3) of the Table below to be the Competent Authorities to perform the functions and discharge duties of the Competent Authority within their respective jurisdiction, for the purpose of sections specified in corresponding entries in column (2), in respect of the category of educational institutions specified in column (4) thereof, namely.- TABLE Sl. No. Section Name of the Officer / Authority Category of Educational Institutions (1) (2) (3) (4) 2. Clause (b) of sub- section (2) of Section 31 and Section 34 Director of Public Instructions (Primary Education) Pre-Primary and Primary Schools, other than Urdu and Other Minority Language Schools 15. Section 39 Deputy Director of Public Instructions. Pre-Primary and Primary Schools - 7 - HC-KAR NC: 2025:KHC:51575 WP No. 35882 of 2024 6. It is clear that insofar as the order under Section 34 of the Act, it must be passed by the Director of Public Instructions (Primary Education). In the present case, such order is passed by the Deputy Director (Administration). Accordingly, the order under Section 34 of the Act is the one without jurisdiction. As a composite order is passed, in light of the contention that procedure under Sections as prescribed has not been followed, it would meet the end of justice by directing the respondents to reconsider and pass fresh orders as regards the subject matter of the order at Annexure-'X'. 7. It is clarified that in light of the observations made above, the order of cancellation as regards under Section 34 of the Act is to be passed by the Director of Public Instructions (Primary Education) and the order under Section 39 of the Act is to be passed by the Deputy Director of Public Instructions insofar as Pre-primary and Primary Schools. 8. Accordingly, the impugned order dated 31.05.2024 at Annexure-'X' is set aside. Matter is remitted back to complete the proceeding on the material already with the respondents after following the procedure under Sections 34 and 39 of the Act and by the authorities as indicated in the notification dated 29.09.2004. 9. Accordingly, petition is disposed off. " - 8 - HC-KAR NC: 2025:KHC:51575 WP No. 35882 of 2024 6. In the instant case as stated supra, the impugned order having been passed by respondent No.4 - the Deputy Director (Administration) of Public Instructions, the impugned order deserves to be set aside and the matter remitted back to respondent No.3 - the Director of Public Instructions for reconsideration afresh, in accordance with law. 7. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned order dated 13.12.2024 at Annexure-A passed by respondent No.4, is hereby set aside. (iii) The matter is remitted back to respondent No.3 for reconsideration afresh, in accordance with law. (iv) The petitioners shall appear before respondent No.3 on 17.12.2025 without awaiting further notice. (v) Liberty is reserved in favour of the petitioners to submit additional pleadings, documents, etc., to respondent - 9 - HC-KAR NC: 2025:KHC:51575 WP No. 35882 of 2024 No.3, who shall consider the same and proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 1 Sl No.: 47