- 1 - HC-KAR NC: 2025:KHC:51281 WP No. 27007 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.27007 OF 2025 (EDN-RES) BETWEEN: SREE VEENA SHARADA EDUCATION SOCIETY (R) DOOR NO.3, KURIPALYA, TUMAKURU – 572 226 REPRESENTED BY ITS SECRETARY, VEENA R., D/O RAMACHANDRAIAH, AGED ABOUT 52 YEARS, MAHALAKSHMI NAGAR, BATWADI, TUMKUR DISTRICT – 570 103 …PETITIONER (BY SRI. SIDDARAMAIAH V. B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF PRIMARY AND HIGHER EDUCATION, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU – 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE COMMSSIONER DEPARTMENT OF PUBLIC INSTRUCTION GOVERNMENT OF KARNATAKA NEW OFFICE, NRUPATUNGA ROAD BENGALURU – 560 001 3. THE DIRECTOR (HIGHER EDUCATION) DEPARTMENT OF PRINCIPLE UNITE EDUCATION GOVERNMENT OF KARNATAKA 18TH CROSS, SAMPIGE ROAD MALLESHWARAM BENGALURU – 560 003 Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51281 WP No. 27007 of 2025 4. THE DEPUTY DIRECTOR (ADMINISTRATION) DEPARTMENT OF PRINCIPLE UNIT EDUCATION, SHIVAMOGGA DISTRICT SHIVAMOGGA – 571 112 5. THE DISTRICT REGISTRAR REGISTRAR OF SOCIETY, MINIVIDANA SOUDHA, DR. B.R. AMBEDKAR BEEDI, TUMAKURU – 572 101 6. SRI THIMAPPA S/O LATE HANUMANTAIAH, AGED ABOUT 77 YEARS, EX-SECRETARY, R/A KOPPA, KADABA HOBLI, GUBBI TALUK, TUMAKURU – 572 219 …RESPONDENTS (BY SRI. MANJUNATH K., HCGP) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDA PRAYING TO RECALL THE ORDER OF THIS HONORABLE COURT DATED 27.08.2024 PASSED IN WP NO. 9282/2024 VIDE ANNEXURE – N. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “i. Recall the order of this Hon’ble Court dated 27.08.2024 passed in WP No.9282/2024 vide Annexure – N. ii. Pass any other order or orders, or issue any other writ or writs as this Hon’ble Court deems fit it necessary - 3 - HC-KAR NC: 2025:KHC:51281 WP No. 27007 of 2025 under the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned HCGP for respondents and perused the material on record. 3. Learned counsel for the petitioner submits that this Court disposed of W.P.No.9282/2024 vide Annexure – N dated 27.08.2024 which was filed by one Sri. Thimmaiah claiming to be the Secretary of Sri Veena Sharada Education Society (Regd.) of which the petitioner is the Secretary and not respondent No. 6 – Sri.Thimappa, who represented the said Society in the aforesaid writ petition. It is therefore submitted that since the aforesaid order was passed without impleading the petitioner, rights of Sri Veena Sharada Education Society (Regd.) would be affected and hence, the petitioner is before this Court by way of the present petition. 4. Learned AGA submits that the alleged right and claim of Smt. Veena R., who claims to be the Secretary of the petitioner – Society has been adequately and sufficiently safeguarded by this Court in its final order dated 27.08.2024 passed in W.P.No.9282/2024 and submits that there is no merit in the petition and the same is liable to be dismissed. - 4 - HC-KAR NC: 2025:KHC:51281 WP No. 27007 of 2025 5. This Court in its final order dated 27.08.2024 passed in W.P.No.9282/2024 has held as under: “IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION No. 9282 OF 2024 (EDN-RES) BETWEEN: SRI VEENA SHARADA EDUCATION SOCIETY (REGD.) KOPPA KAMA, KADABA HOBLI GUBBI TALUK, TUMKUR DISTRICT - 572 221. REPRESENTED BY ITS SECRETARY SRI THIMMAIAH, S/O HANUMANTHAIAH AGED ABOUT 76 YEARS. …PETITIONER (BY SRI H N SHASHIDHARA, SENIOR COUNSEL FOR SRI SUHAS H S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF PRIMARY AND HIGHER EDUCATION M S BUILDINGS, DR. AMBEDKAR VEEDHI BENGALRUU - 560 001. REPRESENTED BY PRINCIPAL SECRETARY. 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS GOVERNMENT OF KARNATAKA NEW PUBLIC OFFICES NRUPATHUNGA ROAD, K .R. CIRCLE BENGALURU - 560 001. 3. THE DIRECTOR PRE -UNIVERSITY EDUCATION DEPARTMENT GOVERNMENT OF KARNATAKA SAMPIGE ROAD, 18TH CROSS MALLESWARAM BENGALURU - 560 012. 4. THE DEPUTY DIRECTOR PRE-UNIVERSITY EDUCATION DEPARTMENT SHIMOGGA DISTRICT SHIMOGGA - 571 112. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R4) - 5 - HC-KAR NC: 2025:KHC:51281 WP No. 27007 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDA PRAYING TO ORDERS / DIRECTIONS TO THE RESPONDENTS TO PERMIT THE PETITIONER SOCIETY TO ADMIT THE STUDENTS TO THE PRE-UNIVERSITY COLLEGE, HOSMANE EXTENSION, SHIVAMOGGA FOR THE CURRENT ACADEMIC YEAR 2024-25 AS REQUESTED IN THE NOTICE DATED 10/04/2023 VIDE ANNEXURE-Q AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: "(a) Issue appropriate orders/directions to the respondents to permit the Petitioner Society to admit the students to the Pre-University College, Hosmane Extension, Shivamogga for the current academic year 2024-25 as requested in the notice dated 10.4.2023 vide ANNEXURE-Q; and (b) Pass such other order or direction as deems fit in the facts and circumstances of the case including the costs of this writ petition, in the interest of justice and equity." 2. Heard learned Senior Counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner is running a subject Pre-University College at Hosamane Extension, Shivamogga since 1985 and in the year 1990, the Government of Karnataka has extended grant-in-aid for the teaching and non teaching staff. There is dispute between the petitioner claiming through its Secretary and Smt. R.Veena and others. It is pending before the Civil Judge and JMFC, at Tumkur in O.S.No.487/2019. When the petitioner approached the respondent for permitting the students for admission for the academic year 2021-22, the respondent No.4 issued communication at - 6 - HC-KAR NC: 2025:KHC:51281 WP No. 27007 of 2025 Annexure-P dated 03.06.2022 intimating the petitioner that since there is dispute between the petitioner and aforesaid person, the petitioner would not be entitled to admit any students from that year onwards. 4. Under these circumstances, the petitioner did not admit students from 2021-22 onwards. Subsequently, when the petitioner recalled its requests, respondent issued show cause notice dated 12.02.2024 calling upon the petitioner to show cause as to why petitioners did not admit any students from 2021-22 onwards. As could be seen from Annexure-R1 and R2 respectively. It is the grievance of the petitioner that though the petitioner was not in a position to admit students on account of respondent No.4 having prevented from admitting students vide Annexure-P dated 03.06.2022, respondents are not permitting to admit students to the subject school even till today. It is also submitted by learned Senior Counsel for the petitioner that though the petitioner is grant-in-aid school, respondents are not appointing teachers, which is yet another factor coming in the way of appointing students. Hence, petitioner is before this Court by way of the present petition. 5. Per contra, learned Additional Government Advocate would oppose the said submission and submit that there is no merit in the petition and the same is liable to be dismissed. 6. A perusal of the material on record will clearly indicate that the non-admission of the students to the subject school was pursuant to the communication at Annexure-P dated 03.06.2022 issued by respondent No.4 and the said non admission is not attributable either to the petitioner or any other parties to O.S.No.487/2019, both of which are litigating in the management of the society. 7. Under these circumstances, without expressing any opinion on the merits/demerits of rival claims/contentions in O.S.No.487/2019 pending between the petitioner and Smt.R.Veena and others, I deem it - 7 - HC-KAR NC: 2025:KHC:51281 WP No. 27007 of 2025 just and appropriate to dispose of this petition reserving liberty in favour of the petitioner to put forth reply along with documents to the aforesaid Annexures-R1 and R2, which shall be considered by the respondents, who shall take appropriate decision/appropriate orders within stipulated time frame. 8. It is made clear that pending O.S.No.487/2019 or any interim order passed in the said suit will not come in the way/act as impediment to consider the request of the petitioner to admit students in the subject school and appoint teachers for the purpose of teaching and non teaching staffs of the subject school for the purpose of admission of the next academic year. 9. Subject to the aforesaid directions, petition is disposed of. 10. It is needless to state that any admission made by the petitioner-subject school shall be subject to the final outcome of the suit between the parties. 11. Liberty is also reserved to respondent to take recourse to such remedy as may be available to them under law including approaching this Court, if occasion, so arises.” 6. As can be seen from the aforesaid impugned order, in particular, paragraphs 6 to 10, which is sought to be recalled in the present petition, the alleged claim and right of the petitioner has been adequately safeguarded by this Court by issuing certain directions and making certain observations. It is therefore clear that the said order passed in W.P.No.9282/2024 cannot be said to cause any prejudice or hardship to the petitioner since the same - 8 - HC-KAR NC: 2025:KHC:51281 WP No. 27007 of 2025 would not be binding upon the petitioner or would it affect or cause prejudice to the alleged claim or right of the petitioner – Society. Under these circumstances, petition is disposed of by clarifying that the final order dated 27.08.2024 passed in W.P.No.9282/2024 would not affect or cause prejudice to the alleged right or claim of the petitioner as the Secretary of the Sri Veena Sharada Education Society (Regd.) and the said order would be subject to any other litigation between the petitioner and respondent No.6 including O.S.No.487/2019 pending between the parties. 7. Subject to the aforesaid observations and directions, petition stands disposed of by leaving open all contentions between the petitioner and respondent No.6 to be adjudicated upon in appropriate proceedings including O.S.No.487/2019. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 21