- 1 - NC: 2025:KHC-D:3067 WP No. 106758 of 2023 C/W WP No. 105966 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106758 OF 2023 (EDN-GIA) C/W WRIT PETITION NO. 105966 OF 2023 IN WP NO.106758 OF 2023: BETWEEN: DHARWAD DISTRICT VEER RANI KITTUR CHANNAMMA SIKSAN SANSTE ® JODALLI, SANGAMESHWARA HIGH SCHOOOL, DHARWAD-581104, REP. BY ITS PRESIDENT, SMT. GUTTEMA SHANKRAPPA BANDDANAVAR, W/O. LATE SHANKRAPPA BANDDANAVAR, SANGOLLI RAYANNA NAGAR, DHARWAD. …PETITIONER (BY SRI. VENKATESH M. KHARVI AND SRI. M.P.SRIKANT, ADVOCATES) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION AND LITERACY DEPARTMENT, GOVERNMENT OF KARNATAKA, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560001. 2. THE ADDITIONAL COMMISSIONER SCHOOL EDUCATION AND LITERACY DEPARTMENT, COLLEGE ROAD, DHARWAD-580001. 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS COLLEGE ROAD, DHARWAD-580008. 4. THE BLOCK EDUCATION OFFICER KALGHATGI, TQ. KALAGHATGI, DHARWAD-581204. …RESPONDENTS (BY SRI. V.S.KALASURMATH, ADDL. GOVT. ADVOCATE) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.17 12:37:57 +0530 - 2 - NC: 2025:KHC-D:3067 WP No. 106758 of 2023 C/W WP No. 105966 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO, QUASH THE GOVERNMENT ORDER DATED 07.11.2023 BEARING NO. EP 26 SLB 2022 PASSED BY THE FIRST RESPONDENT VIDE ANNEXURE-AM AND ETC. IN WP NO. 105966 OF 2023: BETWEEN: DHARWAD DISTRICT VEER RANI KITTUR CHANNAMMA SIKSAN SANSTE ® JODALLI, SANGAMESHWARA HIGH SCHOOL, DHARWAD-581104, REP. BY ITS PRESIDENT, SMT. GUTTEMMA SHANKRAPPA BANDDANAVAR, W/O. LATE SHANKRAPPA BANDDDANAVAR, SANGOLLI RAYANNA NAGAR, DHARWAD. …PETITIONER (BY SRI. VENKATESH M. KHARVI AND SRI. M.P.SRIKANT, ADVOCATES) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION AND LITERACY DEPARTMENT, GOVERNMENT OF KARNATAKA, M S BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560001. 2. THE ADDITIONAL COMMISSIONER SCHOOL EDUCATION AND LITERACY DEPARTMENT, COLLEGE ROAD, DHARWAD-580001. 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS COLLEGE ROAD, DHARWAD-580008. 4. THE BLOCK EDUCATION OFFICER KALGHATGI, TALUKA. KALAGHATGI, DHARWAD-581204. …RESPONDENTS (BY SRI. V.S.KALASURMATH, ADDL. GOVT. ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO, QUASH THE GOVERNMENT ORDER DATED 8.12.2020 PASSED BY THE RESPONDENT NO.1 BEARING NO.ED 89 SLB 2017, VIDE ANNEXURE-Z AND ETC. THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:3067 WP No. 106758 of 2023 C/W WP No. 105966 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is the Dharwad District Veer Rani Kittur Channamma Siksan Sanste, running a school in Kalghatagi. The petitioner is before this Court in both the above petitions seeking for the following reliefs: In WP No.106758 of 2023: a) Quash the Government Order dated 07.11.2023 bearing No. EP 26 SLB 2022 passed by the first respondent vide ANNEXURE-AM. b) Direct the respondents to continue grant-in-aid payable to the institution and to pay arrears along with interest at 18% per annum. c) Direct the respondents to extend all service and financial benefits payable to the grant-in-aid staff of the institution. d) Consequential relief or any other appropriate order or direction as this Hon’ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity. In WP No.105966 of 2023: a) Quash the Government Order dated 8.12.2020 passed by the respondent No.1 bearing No. ED 89 SLB 2017, vide Annexure-Z. b) Quash the Government Order 04.05.2023 passed by the 3rd respondent bearing - 4 - NC: 2025:KHC-D:3067 WP No. 106758 of 2023 C/W WP No. 105966 of 2023 No.f2/gÁ²C/¸ÀAeÉÆÃ/C£ÀÄzÁ£À ©qÀÄUÀqÉ/2022-2023 vide Annexure-AJ. c) Direct the respondents to continue grant-in-aid payable to the institution from the date it is withdrawn i.e., September 2022 and to pay arrears along with interest at 18% per annum. e) Direct the respondents to extend all service and financial benefits payable to the grant-in-aid staff of the institution. f) Consequential relief or any other appropriate order or direction as this Hon’ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity. 2. The only grievance raised by the petitioner is that, the grant-in-aid, which had been made available to the petitioner’s school, has been cancelled without holding an enquiry under Section 53 of the Karnataka Education Act, 1983, and as such, the same is not maintainable. 3. Learned AGA would submit that, an inspection of the school was conducted, and it was found that many of the requirements were not satisfied. It is on that basis that the grant-in-aid was cancelled. - 5 - NC: 2025:KHC-D:3067 WP No. 106758 of 2023 C/W WP No. 105966 of 2023 4. Heard Sri.Venkatesh M. Kharvi, learned counsel for the petitioner and Sri.V. S. Kalsurmath, learned AGA for the respondents. Perused papers. 5. Section 53 of the Karnataka Education Act, 1983 is reproduced hereunder for easy reference: 53. Powers of State Government to withhold, reduce or withdraw grant.- (1) Notwithstanding anything contained in this Chapter, the State Government may, after such enquiry as they may deem fit, withhold, reduce or withdraw any grant payable during the year to an educational institution having regard to the funds at the disposal of the State Government or the conduct and efficiency and the financial condition of such institution, after giving an opportunity to the Governing Council of the institution concerned of making a representation against such withholding, reduction or withdrawal. (2) Without prejudice to the generality of the provisions of sub-section (1) or any other provision of this Act, the State Government may, after such enquiry as they may deem fit, withhold, reduce or withdraw any grant payable to any educational institution if the Governing Council of the institution concerned,- (i) fails to fulfil all or any of the conditions of grant; (ii)denies admission to any citizen on grounds only of religion, race, caste, language or any of them; - 6 - NC: 2025:KHC-D:3067 WP No. 106758 of 2023 C/W WP No. 105966 of 2023 (iii) allows any employee of the institution to take part in any agitation intended to bring or attempt to bring into hatred or contempt or intended to excite or attempt to excite disaffection towards the Government established by law in India; (iv)directly or indirectly, encourages any propaganda or practice of wounding the religious feelings of any class of citizens of India or insulting the religion or the religious beliefs of that class; is guilty of falsification of registers or mis-use of funds for purposes other than those for which they are collected; (v)fails to remedy within such reasonable time as specified by the competent authority the defects in the maintenance of accounts pointed out by the auditors; or. (vi)fails to restore, within the time specified by the competent authority, an employee whose services have been wrongfully dispensed with or fails to pay him any arrears of salary or other benefits when directed to do so by the competent authority. (3) Subject to the other provisions of this Act every order passed under this section shall be final and shall not be questioned in any court of law. 6. The above provision would indicate that the State Government can withhold, reduce, or withdraw the grant made after such an enquiry as it deems fit, and - 7 - NC: 2025:KHC-D:3067 WP No. 106758 of 2023 C/W WP No. 105966 of 2023 after giving an opportunity to the Governing Council of the institution concerned, to make a representation against such withholding, reduction, or withdrawal. 7. In the present case, what has been done is only an inspection of the school, where certain deficiencies were found. In furtherance of the said inspection, an enquiry also ought to have been conducted, and the enquiry report furnished to the petitioner to enable the petitioner to submit why, in furtherance of such a report, the withholding, reduction, or withdrawal could not be made. 8. The holding of an enquiry and providing of an opportunity to the Governing Council to make a representation against the proposal of withholding, reduction, or withdrawal being a condition precedent for passing an order of withholding, reduction, or withdrawal, I am of the considered opinion that the same not having been complied with, the impugned - 8 - NC: 2025:KHC-D:3067 WP No. 106758 of 2023 C/W WP No. 105966 of 2023 orders passed by the State suffer from legal infirmity, requiring this Court's intervention. Hence, I pass the following: ORDER i. Writ petitions are allowed. ii. In WP No.106758/2023, Government Order dated 07.11.2023 bearing No.EP 26 SLB 2022 passed by the respondent No.1 vide Annexure-AM, is quashed. iii. In WP No. 105966/2023, Government Order dated 8.12.2020 passed by the respondent No.1 bearing No. ED 89 SLB 2017, vide Annexure-Z and Government Order 04.05.2023 passed by the respondent No.3 bearing No.f2/gÁ²C/¸ÀAeÉÆÃ/C£ÀÄzÁ£À ©qÀÄUÀqÉ/2022-2023 vide Annexure-AJ, and quashed. iv. Liberty is granted to the State Government to conduct an enquiry in terms of Section 53 of the - 9 - NC: 2025:KHC-D:3067 WP No. 106758 of 2023 C/W WP No. 105966 of 2023 Karnataka Education Act, 1983 and provide a copy of the enquiry report to the petitioner and afford an opportunity to the petitioner to make a representation against the said report and thereafter pass necessary orders. v. The petitioner shall cooperate with the enquiry and provide all such documents, materials, and details as may be requested during the course of the enquiry without any delay. vi. In the event of the petitioner not furnishing the documents, the petitioner would not be entitled to claim any equities. vii. The enquiry to commence from 24.02.2025 and completed by 24.03.2025. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 43