Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:47817 WP No. 11425 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. 11425 OF 2025 (EDN-RES) BETWEEN:
NOBEL EDUCATION TRUST A TRUST REGISTERED UNDER THE PROVISIONS OF INDIAN TRUST ACT HAVING REGISERED OFFICE AT NOBLE HIGH SCHOOL, KOTTIGEPALYA MAGADI MAIN ROAD, BENGALURU- 560091 REPRESENTED BY ITS PRESIDENT RAMAKRISHNAIAH …PETITIONER (BY SRI. RAKESH B BHATT., ADVOCATE) AND:
1.
STATE OF KARNATAKA DEPARTMENT OF EDUCATION, VIKAS SOUDHA, BENGALURU- 560001.
REPRESENTED BY PRINCIPAL SECRETARY
2.
THE COMMISSIONER OF PUBLIC INSTRUCTIONS NEW PUBLIC OFFICE, NEAR RBI, NRUPATHUNGA ROAD, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BENGALURU, KARNATAKA- 560001.
3.
DEPUTY DIRECTOR(ADMINISTRATION) Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:47817 WP No. 11425 of 2025 DEPARTMENT OF PUBLIC INSTRUCTION RAMNAGAR DISTRICT, PANCHAYAT BHAVAN RAMANAGAR, KARNATAKA- 562159.
4.
BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTION RAMANAGAR TALUK RAMNAGAR DISTRICT PANCHAYAT BHAVAN, RAMANAGAR, KARNATAKA- 562159.
5.
KARNATAKA SCHOOL EXAMINATION AND ASSESSMENT BOARD, 6TH CROSS RD, MALLESHWARAM, BENGALURU, KARNATAKA- 560003.
REPRESENTED BY ITS DIRECTOR. …RESPONDENTS (BY SRI. MANJUNATH.K., HCGP FOR R1 TO R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT BEARING NO. ANU 2/KHA SHA /U NYA PRA/3057/2025/83/2024-25 32/25/26 DTD 5.04.2025 ISSUED BY THE R-3 (ANNX-O).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs:
“a) Issue a writ of certiorari or any other writ or
order and quash the endorsement bearing No.
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HC-KAR NC: 2025:KHC:47817 WP No. 11425 of 2025 ANU 2/KHA.SHA/U.NYA.PRA/3057/2025/83/2024-25 32/25/26, dated 05.04.2025 issued by 3rd Respondent (ANNEXURE-0); b) Direct the Respondents to renew the recognition for Petitioner's school for the year 2024- 25 and c) Consequently direct 5th Respondents to issue marks cards to the students who have passed out from the Petitioner's school in they 2024-25 with name of Petitioner School; d) Pass such other order as this Hon'ble Court deems fit in the interest of Justice and Equity.”
2. Heard the learned counsel for the petitioner and the learned HCGP for the respondents – State and perused the material on record. 3. A perusal of the material on record would indicate that it is the specific contention of the petitioner, that the petitioner – trust is running the subject school under the name and style M/s.NOBLE HIGH SCHOOL at property situated in the land bearing Survey No.28/5, Kotahalli Village, Kailancha Hobli, Ramanagara Taluk, measuring 1 acre, 27 guntas, which has been recognized by the respondents - State. - 4 -
HC-KAR NC: 2025:KHC:47817 WP No. 11425 of 2025
4. It is the grievance of the petitioner that though the petitioner never shifted the said school from its premises from Kotahalli Village to the premises at Avverahalli Village for morethan 20 years, the respondents have proceeded to pass the impugned order on the erroneous / incorrect premise basis that the petitioner was earlier running school in Avverahalli Village, which is factually incorrect and by placing reliance on certain reports, documents, etc., of the Local Panchayat, Tahsildar etc., without providing any opportunity to the petitioner, thereby violating the principles of natural justice and as such, the petitioner is before this Court by way of the present petition. 5. Per contra, the learned HCGP would support the impugned order and submit that there is no merit in the petition and the same is liable to be dismissed. 6.
A perusal of the impugned order at Annexure- O, dated 05.04.2025 would indicate that the respondents
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HC-KAR NC: 2025:KHC:47817 WP No. 11425 of 2025 have referred to certain reports, documents obtained from the Gram Panchayat President, Gram Panchayat Development Officer, Tahsildar based on which the respondent No.2 has come to the conclusion that the petitioner was running the subject school at Avverahalli and not at Kotahalli and shifted the school from Avverahalli to Kotahalli. Under these circumstances, since sufficient and reasonable opportunity was not provided to the petitioner to have his say in relation to the allegations made by the respondent No.2 and necessary documents were not furnished to the petitioner, who also intends to produce additional documents, in support of his claim, I deem just and appropriate to set-aside the impugned
order and remit the matter back to the second respondent for reconsideration afresh and in accordance with law.
7. In view of the aforesaid reasons, I pass the following:
ORDER (i) The Writ Petition is Allowed.
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HC-KAR NC: 2025:KHC:47817 WP No. 11425 of 2025 (ii) The impugned order at Annexure-O, dated 05.04.2025 is set-aside; (iii) Matter is remitted back to the respondent No.2 for reconsideration afresh in accordance with law. The petitioner is directed to appear before the second respondent on 15.12.2025, without any notice. (iv) Liberty is reserved in favour of the petitioner to submit pleadings / documents, etc., to the second respondent who shall consider the same and provide sufficient and reasonable opportunity to the petitioner and proceed further in accordance with law. (v) It is further directed that till the second respondent passes appropriate orders as stated supra, the interim order dated 17.04.2025 passed by this Court in the present petition shall continue to remain in force and operate during the interim.
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HC-KAR NC: 2025:KHC:47817 WP No. 11425 of 2025 (vi) The second respondent shall consider the claim of the petitioner and pass appropriate orders within a period of four weeks from 15.12.2025. Sd/- (S.R.KRISHNA KUMAR) JUDGE JJ List No.: 2 Sl No.: 46