SRI. LINGESHWARA VIDYA SAMSTHE (R) v. THE STATE OF KARNATAKA
WP/12635/2025 · 2025-10-23
S R Krishna Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76766 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76766 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:41737 WP No. 12635 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 12635 OF 2025 (EDN-REG)
BETWEEN:
SRI. LINGESHWARA VIDYA SAMSTHE (R) THOLAHUNASE, DAVANAGERE TALUK AND DIST. – 577 002 REP. BY ITS SECRETARY SRI G. P. CHANDRASHEKAR
…PETITIONER
(BY SRI. R.P.SOMASHEKHARAIAH, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
EDUCATION DEPARTMENT
M. S. BUILDING
DR. B. R. AMBEDKAR VEEDHI
BENGALURU – 560 001
REP. BY ITS SECRETARY
2.
THE COMMISSIONER PUBLIC INSTRUCTION DEPT.
NRUPATHUNGA ROAD
BENGALURU 560 001
3.
THE DIRECTOR OF
PUBLIC INSTRUCTION (SECONDARY EDUCATION)
OFFICE OF THE COMMISSIONER OF
Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:41737 WP No. 12635 of 2025
PUBLIC INSTRUCTION
NRUPATHUNGA ROAD
BENGALURU - 560 001
4.
THE DIRECTOR OF
PUBLIC INSTRUCTION, DAVANAGERE
DAVANAGERE TALUK AND DIST. – 577 002
5.
THE BLOCK EDUCATION OFFICER DEPT. OF PRIMARY AND
SECONDARY EDUCATION
DAVANAGERE.
DAVANAGERE TALUK AND DIST. – 577 002 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP) ---
THIS WRIT PETITION IS FILED UNNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI AND QUASH THE ENDORSEMENT DATED 20/03/2025 IN NO. ANU04/KHOU.PROU-PRA.SHA.AMANYATHE.NA.BAGGE/01/2024-25 ISSUED BY THE RESPONDENT NO.4 UNDER ANNEXURE-P; ISSUE SUCH OTHER ORDER OR DIRECTION AS MAY BE DEEMED FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
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HC-KAR NC: 2025:KHC:41737 WP No. 12635 of 2025
ORAL ORDER In this petition, the petition seeks the following reliefs:
“a. Issue writ in the nature of certiorari and quash the endorsement dated 20/03/2025 in No. ANU04/KHOU.PROU- PRA.SHA.AMANYATHE.NA.BAGGE/01/2024-25 issued by the respondent No.4 under Annexure-P; b. Issue such other order or direction as may be deemed fit to grant in the circumstances of the case in the interest of justice and equity.”
2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondents and perused the material on record. 3. A perusal of the material on record would indicate that the petitioner, which is a public charitable educational trust running educational institution, has approached this Court in Writ Petition No.12944/2023, which was disposed of vide final order dated 22.08.2024, setting aside impugned endorsement dated 02.06.2023 and directing the concerned respondent to consider the request of the petitioner for renewal of the recommendation in terms of the said order, which reads as under:
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HC-KAR NC: 2025:KHC:41737 WP No. 12635 of 2025
“4. In view of the aforesaid facts and circumstances, I deem it just and proper to set aside the impugned endorsement at Annexure-X dated 02.06.2023 and direct the concerned respondent to reconsider the request of the petitioner for renewal of the recommendation in terms of the spot inspection report dated 22.07.2024 and proceed further in accordance with law subject to the petitioner paying prescribed fee and furnishing/uploading all necessary documents online. 5. Subject to the aforesaid directions, petition stands disposed of.”
4. In pursuance of the aforesaid order passed by this Court, the respondents have proceeded to issue the impugned endorsement, once again rejecting the request of the petitioner for renewal of the recognition (Annexure P dated 20.03.2025). Aggrieved by the same, the petitioner is before this Court by way of the present petition. 5. A perusal of the impugned endorsement at Annexure- P dated 20.03.2025 would indicate that the respondent has stated that certain documents have not been produced by the petitioner. - 5 -
HC-KAR NC: 2025:KHC:41737 WP No. 12635 of 2025
6. In this context, learned counsel for the petitioner submits that the said documents have already been furnished to the respondents, who have not considered the same while issuing the impugned endorsement.
It is also submitted, if the impugned endorsement is set aside and the matter is remitted back to the respondent Nos.3 and 4 for reconsideration afresh, the petitioner would furnish the said documents and the respondent Nos.3 and 4 may be directed to reconsider the claim of the petitioner for renewal of recognition and pass appropriate orders within a stipulated time frame. 7. Per contra, learned High Court Government Pleader for respondents submits that, if the petitioner furnishes the documents by appearing before the respondent Nos.3 and 4, they would reconsider the claim of the petitioner for renewal of the recognition and pass appropriate orders in accordance with law. 8. In view of the aforesaid facts and circumstances and
submissions made by both sides, I deem it just and appropriate to set aside the impugned endorsement at Annexure-P dated 20.03.2025 and remit the matter back to the concerned respondent
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HC-KAR NC: 2025:KHC:41737 WP No. 12635 of 2025
Nos.3 and 4 to reconsider the request/claim of the petitioner for renewal of recognition in accordance with law within a stipulated time frame.
9. In the result, I hereby pass the following:
ORDER i) The Writ Petition is hereby allowed. ii) The impugned endorsement at Annexure-P dated 20.03.2025 is hereby set aside. iii) The matter is remitted back to the concerned respondent Nos.3 and 4 for reconsideration of the claim / request of the petitioner for renewal of recognition in accordance with law. iv) The petitioner shall appear before the concerned respondent Nos.3 and 4 on 10.11.2025 without waiting for further notice from the said respondent Nos.3 and 4. v) Liberty is reserved in favour of the petitioner to produce the documents/pleadings, which shall be considered by the concerned authorities/respondent Nos.3 and 4, who shall pass appropriate orders / take appropriate decision
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HC-KAR NC: 2025:KHC:41737 WP No. 12635 of 2025
as regards the claim of the petitioner for renewal of recognition within a period of one month from 10.11.2025. In view of the disposal of the petition, pending application, if any, does not survive for consideration and the same is also
disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE
Bss List No.: 1 Sl No.: 27