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2025 DAILYLAW 79562 (KAR)

SRI RAMAKRISHNA SEVASHRAMA TRUST (R) v. STATE OF KARNATAKA

WP/19951/2025 · 2025-11-20

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48038 WP No. 19951 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 19951 OF 2025 (EDN-RES) BETWEEN: SRI RAMAKRISHNA SEVASHRAMA TRUST ® SRI RAMAKRISHNA RESIDENTIAL SCHOOL, SULLUGODU VILLAGE, M.L. HALLI POST, MADASURU- LINGADHA HALLI, SAGARA TLAUK, SHIVAMOGGA DISTRICT – 577 434 REPRESENTED BY ITS SECRETARY SRI DEVARAJA D. M. AGED 58 YEARS, S/O MANJAPPA GOWDA, R/AT SRI RAMAKRISHNA VASATI VIDYALAYA, M L HALLI, SAGARA TLAUK, SHIVAMOGGA – 577 434 …PETITIONER (BY SRI. P.P. HEGDE, SENIOR ADVOCATE FOR SRI. GANAPATHI BHAT, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT PRIMARY AND SECONDARY EDUCATION DEPARTMENT, M S BUILDING , DR. AMBEDKAR VEEDHI, BANGALORE – 560 001 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, PRIMARY AND SECONDARY EDUCATION, NRUPATHUNGA ROAD, K R CIRCLE BANGALORE – 560 001 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, SECONDARY EDUCATION, NRUPATHUNGA ROAD, K R CIRCLE BANGALORE – 560 001 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48038 WP No. 19951 of 2025 4. THE DEPUTY DIRECTOR (ADMINISTRATION) DEPARTMENT OF PUBLIC INSTRUCTION SHIMOGA, SHIMOGA DISTRICT – 577 401 5. BLOCK EDUCATION OFFICER, DEPARTMENT OF EDUCATION, SAGAR TALUK, SHIMOGA KARNATAKA – 577 401 6. PRESIDENT AND DIRECTOR (EXAMINATION) KARNATAKA SCHOOL EXAMINATION AND ASSESSMENT BOARD (KSEAB), MALLESHWARAM 6TH CROSS, BENGALURU – 03 7. THE COMMISSIONER, KARNATAKA SCHOOL EXAMINATION AND ASSESSMENT BOARD (KSEAB), MALLESHWARAM 6TH CROSS, BANGALORE – 03 8. PRINCIPAL SECRETARY DEPARTMENT OF EDUCATION (PRIMARY AND SECONDARY EDUCATION) M.S. BUILDING, DR.AMBEDKAR VEEDHI BENGALURU – 01 …RESPONDENTS (BY SRI. V.G. BHANUPRAKASH, AAG A/W SRI. K. MANJUNATH, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE APPROPRIATE WRITS/ORDERS, DECLARING THAT THE ACTION OF THE RESPONDENTS IN REMOVING THE NAME OF THE PETITIONERS SCHOOL SRI. RAMAKRISHNA RESIDENTIAL SCHOOL (PRIMARY AND SECONDARY EDUCATION), M.L HALLI POST SAGARA TALUK SHIVAMOGGA DISTRICT BEARING USERNAME KK0229 FROM THE THE WEBSITE KSEEB. KARNATAKA. GOV. IN (KARNATAKA SCHOOL EXAMINATION AND ASSESSMENT BOARD) AND THEREBY DEACTIVATING THE SAME IS ARBITRARY, UNLAWFUL AND ILLEGAL, THE ACTION OF WHICH IS REFLECTED IN THE WEBSITE EXTRACT AT ANNEXURE - K AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:48038 WP No. 19951 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “(a) Issue appropriate Writs/orders, declaring that the action of the Respondents in removing the name of the Petitioner’s School “Sri Ramakrishna Residential School (Primary and Secondary Education)”, M.L. Halli Post Sagara Taluk, Shivamogga District bearing username KK0229 from the website kseeb.karnataka.gov.in (Karnataka School Examination and Assessment Board) and thereby deactivating the same is arbitrary, unlawful and illegal, the action of which is reflected in the website extract at Annexure-K; (b) Issue a Writ of Mandamus or any other appropriate Writs/order directing the Respondents to forthwith activate the Petitioner’s School “Sri Ramakrishna Residential School (Primary and Secondary Education)”, M.L. Halli Post Sagara Taluk, Shivamogga District bearing username KK0229 in the official website of the Respondents vide Annexure-K named as Karnataka School Examination and Assessment Board with website address/link kseeb.karnataka.gov.in; (c) Issue Appropriate Writs/Orders directing Respondent No.1 to hold Enquiry and departmental action against the concerned officials responsible for unlawfully - 4 - HC-KAR NC: 2025:KHC:48038 WP No. 19951 of 2025 removing the name of the Petitioner’s School “Sri Ramakrishna Residential School (Primary and Secondary Education)”, M.L. Halli Post Sagara Taluk, Shivamogga District bearing username KK0229 from the “Recognized Schools List” and deactivating ““Sri Ramakrishna Residential School (Primary and Secondary Education)”, M.L. Halli Post Sagara Taluk, Shivamogga District bearing username KK0229 in the website kseeb.karnataka.gov.in (Karnataka School Examination and Assessment Board) and driving the students of the Petitioner’s School to obtain marks card and Study Certificate from Government School; (d) Issue Appropriate Writs/Orders directing the Respondents to compensate the petitioner in a sum of Rupees Ten Lakhs for violation of the fundamental rights of the Petitioner and direct Respondent No.1 and 2 to disciplinary enquiry and punish the officials responsible for the illegal acts. (e) Grant such other reliefs and orders as this Hon’ble Court may deem fit in the facts and circumstances of the case in the interest of justice and equity.” 2. Heard learned Senior counsel for the petitioner and learned AAG for the respondents – State and perused the material on record. 3. On 08.07.2025, this Court passed the following interim order:- - 5 - HC-KAR NC: 2025:KHC:48038 WP No. 19951 of 2025 “The learned Additional Government Advocate accepts notice for the respondents. In the meanwhile, respondents are directed to enter/activate the petitioner's school "Sri Ramakrishna Residential School (Primary and Secondary Education)", M.L Halli Post Sagara Taluk Shivamogga District bearing username KK0229 in the official website of the respondents named as Karnataka School Examination and Assessment Board with website address/link kseeb.karnataka.gov.in, the extract of which is at Annexure-K and also restrain the respondents from removing/deactivating the petitioner's school "Sri Ramakrishna Residential School (Primary and Secondary Education)", M.L Halli Post Sagara Taluk Shivamogga District bearing username KK0229 in the official website of the respondents named as Karnataka School Examination and Assessment Board with website address/link kseeb.karnataka.gov.in till the next date of hearing.” 4. On 14.11.2025, this Court passed the following interim order:- On 08.07.2025, this Court passed the following interim order: “The learned Additional Government Advocate accepts notice for the respondents. In the meanwhile, respondents are directed to enter/activate the petitioner's school "Sri Ramakrishna Residential School (Primary and Secondary Education)", - 6 - HC-KAR NC: 2025:KHC:48038 WP No. 19951 of 2025 M.L Halli Post Sagara Taluk Shivamogga District bearing username KK0229 in the official website of the respondents named as Karnataka School Examination and Assessment Board with website address/link kseeb.karnataka.gov.in, the extract of which is at Annexure-K and also restrain the respondents from removing/deactivating the petitioner's school "Sri Ramakrishna Residential School (Primary and Secondary Education)", M.L Halli Post Sagara Taluk Shivamogga District bearing username KK0229 in the official website of the respondents named as Karnataka School Examination and Assessment Board with website address/link kseeb.karnataka.gov.in till the next date of hearing.” Learned Senior Counsel for the petitioner submits that the aforesaid interim order passed by this Court has not been complied with even till today thereby causing irreparable injury and hardship to the petitioner. Sri. Manu K., S.D.A., KSEAB, official of the SSLC Board is physically present and submits that the aforesaid interim order would be complied with immediately without any delay. The said submission is placed on record. Re-list on 19.11.2025 at 10.30 A.M. at the top of the list. In the meanwhile, the respondents are directed to comply with and abide by the aforesaid interim order dated 08.07.2025 and report compliance by the next date of hearing. - 7 - HC-KAR NC: 2025:KHC:48038 WP No. 19951 of 2025 5. Under identical circumstances, this Court disposed of W.P.Nos.24119/2024, 31897/2025, 19848/2025 and 31898/2025 as hereunder:- In W.P.No.24119/2024 11. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The impugned show cause notice at Annexure-B dated 05.07.2024 is hereby set aside. (iii) The Karnataka SSLC Board is directed to delete the name of the schools shown in the marks card of the students of the petitioner - School and replace the same with the name of the petitioner's school in all the SSLC marks card of all the students and issue fresh marks card within a period of two weeks from the date of receipt of a copy of this order. (iv) In view of the present order, the respondents are directed to renew the recognition of the petitioner's school for the academic year 2024-25 and 2025-26 by issuing necessary documents in this regard, subject to compliance of other statutory requirements. (v) Insofar as academic year 2026-27 is concerned, liberty is reserved in favour of the petitioner to file an application seeking renewal of the recognition, which shall be considered by the concerned respondents in accordance with law. - 8 - HC-KAR NC: 2025:KHC:48038 WP No. 19951 of 2025 In W.P.No.31897/2025 9. In the result, I pass the following: ORDER (i) Petition is hereby disposed of. (ii) The petitioner is directed to appear before the 3rd respondent on 15.12.2025 and submit pleadings, documents etc., which shall be considered by him and proceed further in accordance with law. (iii) The interim orders dated 24.10.2025 and 14.11.2025 passed by this Court in the present petition are made absolute. (iv) The respondent - SSLC Board is directed to delete the name of the schools shown in the marks card of the students of the petitioner - School and replace the same with the name of the petitioner's school in all the SSLC marks card of all the students and issue fresh marks card as per the names of the students shown in Annexure-G within a period of two weeks from the date of receipt of a copy of this order. (v) In view of the present order, the concerned respondents are directed to renew the recognition of the petitioner's school for the academic year 2024-25 and 2025- 26 by issuing necessary documents in this regard, subject to compliance of other statutory requirements. (vi) Insofar as academic year 2026-27 is concerned, liberty is reserved in favour of the petitioner to file an application seeking renewal of the recognition, which shall be considered by the concerned respondents in accordance with law. - 9 - HC-KAR NC: 2025:KHC:48038 WP No. 19951 of 2025 In W.P.No.19848/2025 9. In the result, I pass the following: ORDER (i) Petition is allowed and disposed of in terms of the aforesaid order 20.11.2025 passed in W.P.No.24119/2024. (ii) The impugned communication at Annexure-L dated 21.05.2025 issued by the 5th respondent is hereby set aside. (iii) The interim orders dated 08.07.2025 and 14.11.2025 passed by this Court in the present petition are made absolute. In W.P.No.31898/2025 9. In the result, I pass the following: ORDER (i) Petition is hereby disposed of. (ii) Petitioner is directed to appear before the 3rd respondent on 15.12.2025 and submit pleadings, documents etc., which shall be considered by him and proceed further in accordance with law. (iii) The interim orders dated 24.10.2025 and 14.11.2025 passed by this Court in the present petition are made absolute. (iv) The respondent - SSLC Board is directed to delete the name of the schools shown in the marks card of the students of the petitioner - School and replace the same with the name of the petitioner's school in all the SSLC marks card of all the students and issue fresh marks card as per the - 10 - HC-KAR NC: 2025:KHC:48038 WP No. 19951 of 2025 names of the students shown in Annexure-G within a period of two weeks from the date of receipt of a copy of this order. (v) In view of the present order, the concerned respondents are directed to renew the recognition of the petitioner's school for the academic year 2024-25 and 2025- 26 by issuing necessary documents in this regard, subject to compliance of other statutory requirements. (vi) Insofar as academic year 2026-27 is concerned, liberty is reserved in favour of the petitioner to file an application seeking renewal of the recognition, which shall be considered by the concerned respondents in accordance with law. 6. In view of the aforesaid facts and circumstances, the present petition also deserves to be disposed of in terms of the aforesaid orders. 7. In the result, I pass the following: ORDER (i) Petition is disposed of in terms of W.P.Nos.24119/2024, 31897/2025, 19848/2025 and 18648/2024. (ii) The interim orders dated 08.07.2025 and 14.11.2025 passed by this Court in the present petition are made absolute. (iii) The respondent - SSLC Board is directed to delete the name of the schools shown in the marks card of the students of the - 11 - HC-KAR NC: 2025:KHC:48038 WP No. 19951 of 2025 petitioner - School and replace the same with the name of the petitioner's school in all the SSLC marks card of all the students and issue fresh marks card within a period of two weeks from the date of receipt of a copy of this order. (iv) In view of the present order, the concerned respondents are directed to renew the recognition of the petitioner's school for the academic year 2024-25 and 2025-26 by issuing necessary documents in this regard, subject to compliance of other statutory requirements. (v) Insofar as academic year 2026-27 is concerned, liberty is reserved in favour of the petitioner to file an application seeking renewal of the recognition, which shall be considered by the concerned respondents in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK/SRL List No.: 2 Sl No.: 6