LAKSHMISHA S v. STATE OF KARNATAKA BY CHIEF SECRETARY
WP/31996/2025 · 2025-10-31
S R Krishna Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 88974 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 88974 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:43839 WP No. 31996 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 31996 OF 2025 (EDN-RES) BETWEEN:
LAKSHMISHA S AGE ABOUT 48 YEARS S/O SRINIVASAIAH C SUMO SONNET APARTMENTS C804, KIDLU MAIN ROAD OPP KULDU BBMP BANGALORE - 560 068. …PETITIONER (BY SMT. NAGASHREE M.C, ADVOCATE) AND:
1.
STATE OF KARNATAKA BY CHIEF SECRETARY DEPARTMENT OF EDUCATION VIDHANA SOUDHA BENGALURU - 560 001.
2.
DEPUTY DIRECTOR OF PUBLIC INSTRUCTION KIABD HEAD OFFICE, 14/3, 2ND FLOOR R.P. BUILDINGS, NRUPATUNGA ROAD BENGALURU - 560 001.
3.
CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), INTEGRATED OFFICE COMPLEX, SECTOR 23, PHASE 1,
Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:43839 WP No. 31996 of 2025
DWARKA, NEW DELHI - 110 077, REP. BY MINISTRY OF EDUCATION.
4.
PRINCIPAL NARAYANA OLYMPAILD SCHOOL HALUR MAIN ROAD, H.S.R LAYOUT BANGALORE - 560 102.
5.
STATION HOUSE OFFICER BANDEPALY POLICE STATION BANGALORE - 560 068.
6.
ICICI BANK BOMMANAHALLI BRANCH BANGALORE - 560 068, REP. BY BANK MANAGER. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP FOR R1, R2 AND R5;
SRI. M.R. SHAILENDRA, ADVOCATE FOR R3;
SMT. LATHA SHETTY, ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE R3 AND 4 TO TAKE BACK THE CHILD AND TO ADMIT THE CHILD AND TO GIVE THE ATTENDANCE AND TO ENSURE THE SCHOOL COMPLIES THE SAME AS PER THE REQUEST MADE AT ANNX-E DATED 08.10.2025 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:43839 WP No. 31996 of 2025
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
"(i) Issue an order or direction to the respondent-3 and 4 to take back the child and to admit the child and to give the attendance and to ensure the school complies the same as per the request made at Annexure-E Date:08.10.25.
(ii) And to direct the police protection if necessary to secure the child safety..
(iii) Pass such other orders as this Hon'ble Court deems fit in the interest of justice and equity."
2. Heard learned counsel for the petitioner, learned counsel for respondent Nos.1, 2 & 5, learned counsel for respondent No.4 and learned counsel for respondent No.4 and perused the material on record.
3. A perusal of the material on record will indicate that the petitioner is the father of Master Yuvraj, aged about 12 years and studying in 7th Standard in respondent No.4- Narayana Olympiad School. It is alleged that the petitioner has availed loan from respondent No.6-Bank, who sent loan agents
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HC-KAR NC: 2025:KHC:43839 WP No. 31996 of 2025
to the school premises and attempted to threaten the Principal of the school, as a result of which, a complaint dated 16.09.2025 was registered against unknown persons, who were summoned and the said police authorities have taken action in this regard. The limited grievance of the petitioner in the present petition is on account of the said untoward incidents that occurred in the school premises, respondent No.4-school is not permitting the petitioner's son to attend the school and as such, the petitioner is before this Court by way of the present petition.
4.
Learned counsel for respondent No.4-school submits that if the petitioner gives an undertaking that the petitioner would not hold respondent No.4 responsible or liable for any untoward incidents that may occur in future in the school premises or in relation to the school, the staff or the students, respondent No.4 has no objection for permitting the petitioner to attend classes from Monday i.e., 03.11.2025.
5. Per contra, learned counsel for the petitioner submits that the petitioner would ensure that the petitioner would undertake that neither himself nor his son would hold
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HC-KAR NC: 2025:KHC:43839 WP No. 31996 of 2025
respondent No.4-school responsible or liable for any untoward incidents that may occur in future in the school premises or in relation to the school, the staff or the students.
6. In view of the aforesaid facts and circumstances and the undertaking given on behalf of the petitioner, I deem it just and appropriate to dispose of this petition directing respondent No.4-School to permit the petitioner to send his son namely Master Yuvraj to start attending classes from Monday onwards i.e., 03.11.2025. Respondent No.6-Bank is also
directed not to send any recovery agents or anybody else to the school premises to respondent No.4-school premises in relation to the loan said to have been taken by the petitioner from respondent No.6-Bank. It is, however, made clear that the respondent No.6-Bank shall be entitled to take recourse to such remedies as available in law against the petitioner and all rival
contentions in this regard are kept open.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
VM List No.: 1 Sl No.: 8