- 1 - HC-KAR NC: 2025:KHC:46879 WP No. 11770 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 11770 OF 2023 (EDN-RES) BETWEEN: 1. BAYVIEW EDUCATION AND CHARITABLE TRUST, HAVING ITS OFFICE AT D.NO.5/19, BAYVIEW LITTLE SCHOOL, JEPPINAMOGARU, NEAR KARAMBISTHANA VAIDYANATHA TEMPLE, MANGALURU – 575 007, REP. BY ITS CHAIRPERSON: SMT. M. SAJITHA, D/O SHANTHA KUMARI, AGED ABOUT 45 YEARS, (REGISTERED UNDER THE TRUST ACT) 2. BAYVIEW LITTLE SCHOOL, D.NO.5/19, JEEPINAMOGARU, NEAR KARAMBISTHNA VAIDYANATHA TEMPLE, MANGALURU - 575 007, REP. BY ITS PRINCIPAL, SMT. M. SAJITHA, D/O SHANTHA KUMARI, AGED ABOUT 48 YEARS, (REGISTERED UNDER THE TRUST ACT) …PETITIONERS (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46879 WP No. 11770 of 2023 BENGALURU – 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE BLOCK EDUCATION OFFICER, MANGALURU SOUTH REGION, OFFICE OF THE BLOCK EDUCATION OFFICER, BOLARA, MANGALURU, D.K.DISTRICT - 575 001. …RESPONDENTS (BY SRI. K. MANJUNATH, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE INTIMATION AFFIXED BY THE R-2 IN THE NOTICE BOARD OF THE 2ND PETITIONER SCHOOL VIDE ANNX-A AND DIRECTING THE R-2 TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONER VIDE ANNX-B DTD 20.9.2022 IN ACCORDANCE WITH LAW AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING ‘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: a) Issue a Writ of Certiorari to quash the intimation affixed by the 2nd Respondent in the Notice Board of the 2nd petitioner school vide Annexure-A. (aa) Issue a Writ of Certiorari to quash the Circular bearing NO.7(2) PraShiAa.Sha.Enrolment:01:2022-23.E.909400 dated 15.10.2022 vide Annexure-S. (b) Issue a Writ of Mandamus directing the respondent No.2 to consider the representation submitted by the petitioners vide Annexure-B dated 20.09.2022 in accordance with law. - 3 - HC-KAR NC: 2025:KHC:46879 WP No. 11770 of 2023 (c) Grant such other and further relief's as this Hon'ble Court as this Hon'ble court deems fit and proper under the circumstances of this case, in the interest of justice and equity. (aa) (c) Issue a writ of Certiorari to quash the Circular bearing No.7(2) PrashiAa.Sha. Enrolment:01:2022-23.E. 909400 dated 15.10.2022 issued by the 1st respondent vide Annexure-S.” 2. Heard learned counsel for the petitioner and learned HCGP 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 Pre-primary school from the year 2016 onwards. On 20.09.2022, the petitioner submitted an application/representation to respondent No.2 seeking permission to run primary school from standard 1st to 7th Standard. It is the grievance of the petitioner that though the petitioner submitted the said representation dated 20.09.2022 seeking permission to conduct classes and also submitted representation dated 14.12.2022 at Annexure-Q and an online application at Annexure- T, respondents had issued the impugned intimation at Annexure-A to the effect that the petitioner-school is an unauthorised school and as such, the petitioner is before this Court by way of the present petition. - 4 - HC-KAR NC: 2025:KHC:46879 WP No. 11770 of 2023 4. During the pendency of the petition, in the light of the specific stance of the respondent-State the petitioner had not complied with the requirement contained in Circular dated 15.10.2022, the petitioner got the petition amended by challenging the said Circular dated 15.10.2022. 5. Learned counsel for the petitioner invited my attention to the representation dated 20.09.2022 in order to point out that the said Circular having been issued on 15.10.2022 cannot be considered as retrospective and the same could not be applicable or come in the way of the petitioner conducting classes from 1st to 7th Standard. It is also contended that by virtue of second proviso to sub-clause (4) of the Rule 5 of the Karnataka Educational Institutions (Classifications, Regulation and Prescription of Curricula etc.,) Rules, 1995 (for short “the said Rules of 1995”), the requirement of extent of land would not be applicable to existing educational institution started with due registration up to the academic year 2017-18. It is therefore submitted that the impugned notice at Annexure-A deserves to be quashed and necessary directions be issued to the respondent to consider grant of recognition for the petitioner to conduct classes from 1st to 7th - 5 - HC-KAR NC: 2025:KHC:46879 WP No. 11770 of 2023 Standard in the said school without reference to the said Rules of 1995 or the Circular dated 15.10.2022, within a stipulated timeframe. 6. Per contra, learned HCGP would reiterate the various contentions urged in the Statement of Objections and submits that since the petitioner did not comply with the requirements contained in the said Rules 1995 or the Circular dated 15.10.2022, the petitioner would not be entitled to seek recognition without complying with the said requirement. It is also submitted that the petitioner is required to make the very application, which would be considered by the concerned respondent, in accordance with law. 7. Before adverting to the rival contentions, it is necessary to extract Rule 5 of the said Rules 1995, which reads as under: “5. General regulations relating to minimum accommodation per student furniture and etc.-(1) Every building of an educational institution shall provide adequate and proper accommodation which shall ensure,- (i) a separate classroom for each division/section of a standard; in the case of primary schools a separate classroom for each teacher; - 6 - HC-KAR NC: 2025:KHC:46879 WP No. 11770 of 2023 (ii) carpet area for each student of not less than six square feet; (iii)separate rooms, one for the chambers of the head of the institution, one for the staff-room and one for general office; (iv)separate accommodation for library, reading room and stores, in institutions imparting secondary and higher education; (2) Every educational institution shall provide sufficient area for play ground, enough for all the students in the institution to assemble, and to play and watch atleast two outdoor games at one time. (3) All the classrooms, chambers, staffrooms, office room, library, reading room and stores shall be equipped with appropriate furniture of good quality material.” A plain reading of the 2nd Proviso to Sub-Clause (4) of the Rule 5 of the said Rules 1995 will indicate that he said requirement of the said Provision would not be applicable to Educational Institutions, which had been started during the year / up to 2017- 18. In the instant case, the material on record discloses that the petitioner had started the Educational Institution in the year 2016- 17 for Pre-primary as can be seen from the Certificate at Annexure- E, its requirement as contemplated under Rule 5 of the said Rules 1995 would not be applicable to the petitioner having regard to the - 7 - HC-KAR NC: 2025:KHC:46879 WP No. 11770 of 2023 second Proviso to Sub-rule (4) of the Rule 5 of the said Rules 1995, which specifically excludes the applicability of extent of land to the petitioner-Institution and as such, this contention urged on behalf of the respondent cannot be accepted. 8. Insofar as the contention urged by the respondent with reference to the Circular dated 15.10.2022 is concerned, learned counsel for the petitioner is correct in the submission of the said Circular dated 15.12.2022, which prescribes that the extent of land would not be applicable to the petitioner-Institution since the petitioner has already submitted the application to conduct classes from 1st to 7th Standard on 20.09.2022 i.e., prior to said notification and the said circular clearly not being retrospective, the same would apply as a bar against the petitioner for the purpose of obtaining recognition and as such, even this contention cannot be accepted. 9. In the result, I pass the following: ORDER (i) The petition is allowed. - 8 - HC-KAR NC: 2025:KHC:46879 WP No. 11770 of 2023 (ii) The impugned representation dated 20.09.2022 at Annexure-A submitted by the petitioners is hereby quashed. (iii) Liberty is reserved in favour of the petitioners to submit a fresh application for grant of recognition for primary class (1st to 7th Standard) within a period of four weeks, from today, along with relevant documents. If the petitioner files such an application, the concerned respondents shall consider the same and take appropriate decision/appropriate orders after provide sufficient and reasonable opportunity to the petitioner, accordance with law and without reference to or insisting upon Rule 5 of the said Rules 1995 and without reference and insisting upon the Circular dated 15.10.2022. (iv) Insofar as the prayers to quash the aforesaid Circular dated 15.10.2022 is concerned, the same is not dealt with in the present order and - 9 - HC-KAR NC: 2025:KHC:46879 WP No. 11770 of 2023 all rival contentions in this regard are kept open to be dealt with in the appropriate case. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 24