- 1 - HC-KAR NC: 2025:KHC:47821 WP No. 25057 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 25057 OF 2025 (EDN-RES) BETWEEN: 1. GNANA DEEPA EDUCATION TRUST (R) NANDI HILLS ROAD, MALIGENAHALLI VILLAGE, BIDALUR POST, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, REPRESENTED BY ITS CHAIRPERSON DR BEENA NAGARAJU PIN- 562 164. W/O. SRI NAGARAJU M AGED ABOUT 63 YEARS REGISTERED UNDER PROVISION OF KARNATAKA SOCIETIES REGISTRATION ACT, 1960. 2. GNANA DEEPA ACADEMY HIGH SCHOOL NANDI HILLS ROAD, MALIGENAHALLI VILLAGE, BIDALUR POST, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, PIN-562 164. REPRESENTED BY ITS HEAD MASTER SRI M.V.NAVEEN S/O. VENUGOPALA NAIDU M.V AGED ABOUT 44 YEARS …PETITIONERS (BY SRI. R.SUBRAMANYA, SR.COUNSEL APPEARING FOR SRI. CHOWDAREDDY T. M., ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47821 WP No. 25057 of 2025 AND: 1. STATE OF KARNATAKA EDUCATION DEPARTMENT, VIKASA SOUDHA, BENGALURU- 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY, 2. THE COMMISSIONER OF EDUCATION, DEPARTMENT OF PUBLIC INSTRUCTIONS, KR CIRCLE, BENGALURU-560 001. 3. THE DEPUTY DIRECTOR (ADMN.) SCHOOL EDUCATION DEPARTMENT, BENGALURU RURAL DISTRICT, ROOM NO.126, STATE ADMINISTRATION BHAVAN, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK 562110 4. THE BLOCK EDUCATION OFFICER, SCHOOL EDUCATION DEPARTMENT, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT- 562 110 …RESPONDENTS (BY SRI. MANJUNATH.K, HCGP FOR R1 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE MEMORANDUM DATED 26.05.2025 IN NO.LE.PA-04/KHA. SHA.MA.NAVI/17/2024-25/330 ISSUED BY THE DEPUTY DIRECTOR (ADMN.) SCHOOL EDUCATION DEPARTMENT, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, NO. 126, DISTRICT ADMINISTRATION BHAVAN, BENGALURU RURAL DISTRICT A COPY OF WHICH IS PRODUCED AT ANNEXURE-U AND DIRECT THE RESPONDENTS NOT TO DISTURB THE TEACHING IN THE PETITIONER SCHOOL - 3 - HC-KAR NC: 2025:KHC:47821 WP No. 25057 of 2025 OF STATE SYLLABUS IN ENGLISH MEDIUM FOR THE ACADEMIC YEAR 2025-26 TO MEET THE ENDS OF JUSTICE., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: (i) “ISSUE a writ of certiorari or any other writ or direction quashing the memorandum 26.05.2025 in dated No.Le.Pa-04/Kha.Sha. Ma.Navi/17/2024-25/330 issued by the Deputy Director (Admn.) School Education Department, Beerasandra village, Kundana Hobli, Devanahalli Taluk, Room No. 126, District Administration Bhavan, Bengaluru Rural District a copy of which is produced at Annexure-U and direct the respondents not to disturb the teaching in the petitioner school of state syllabus in English Medium for the academic year 2025-26 to meet the ends of justice. (ii) ISSUE, a writ of mandamus or any other writ or direction directing the respondents to consider - 4 - HC-KAR NC: 2025:KHC:47821 WP No. 25057 of 2025 the representations dated 04.06.2025 and dated; 22.07.2025, copies of which are produced at Annexures-T & V respectively, accord permission to teach State Syllabus in English Medium separately and till then not to obstruct the petitioner teaching State Syllabus for the academic year 2025-26 to meet the ends of justice. (iii) ISSUE any other writ or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case.” 2. A perusal of the material on record would indicate that vide Annexure-H dated 11.02.2022, the recognition of the petitioner – institution for SSLC board was renewed upto the academic year 2025-2026. 3. Learned Senior Counsel appearing for the petitioner’s counsel submits that despite having granted / renewed recognition in favour of the petitioner upto the academic year 2025-26, the respondent No.3 proceeded to pass the impugned order cancelling the recognition of the - 5 - HC-KAR NC: 2025:KHC:47821 WP No. 25057 of 2025 petitioner for the academic year 2025-2026 on the ground that the petitioner had suppressed the fact that it had obtained affiliation to ICSE, by relying upon certain byelaws of the CBSE, which are not applicable to the petitioner-institution which undisputedly obtained affiliation to the ICSE Board and not the CBSE Board. 4. 4. Further, the learned Senior Counsel for the petitioner submit that if the impugned order is quashed and recognition of the petitioner-institution for the SSLC board is continued upto the academic year 2025-26 in terms of Annexure-H, dated 11.02.2022, the petitioner would submit a fresh / new application for renewal of the affiliation from the academic year 2026-27 onwards, which may be directed to be considered by the respondents in accordance with law. 5. It is also submitted that the respondents themselves having sent students under the RTE quota and SC/ST quota to the petitioner-institutions through the Social Welfare Department by recognizing that the - 6 - HC-KAR NC: 2025:KHC:47821 WP No. 25057 of 2025 petitioner is a good institution, are now estopped from cancelling the recognition of the petitioner for the academic year 2025-26 and the same may be set-aside. 6. Per contra, the learned HCGP appearing for the respondents submit that there is no merit in the writ petition and the same is liable to be dismissed. 7. A perusal of the grant of recognition / renewal vide Annexure-H, dated 11.02.2022 would indicate that the recognition of the petitioner-institution is valid from 2021-2022 upto the academic year 2025-26. Despite this, the respondents purport to place reliance upon certain Bye-laws of the CBSE Board, which are evidently not applicable to the petitioner, in as much as the petitioner have obtained affiliation with the ICSE Board and not the CBSE Board, so as to warrant invocation of the CBSE Byelaws for the purpose of cancelling the recognition of the petitioner. - 7 - HC-KAR NC: 2025:KHC:47821 WP No. 25057 of 2025 8. In addition thereto, in view of the fact that the petitioner have already admitted students for the academic year 2025-2026 and the renewal of the recognition is valid only upto the end of the academic year 2025-2026, coupled with the fact that the petitioner intends to make a fresh / new application for renewal of the recognition for SSLC Board from academic year 2026- 27 onwards, I deem it just and appropriate to quash impugned endorsement at Annexure-U, dated 26.05.2025 and dispose of the petition by issuing certain directions. Accordingly, I pass the following: ORDER i) Writ Petition is Allowed. ii) Impugned endorsement at Annexure-U, dated 26.05.2025 is quashed. iii) Liberty is reserved in favour of the petitioner to submit a fresh / new application for renewal of - 8 - HC-KAR NC: 2025:KHC:47821 WP No. 25057 of 2025 recognition for the academic year 2026-27 onwards; iv) If such an application if filed, the respondent shall consider the same and provide sufficient and reasonable opportunity to the petitioner and take appropriate decision / pass appropriate orders in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE JJ List No.: 2 Sl No.: 49