- 1 - HC-KAR NC: 2026:KHC:19737 WP NO.16477 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.16477 OF 2025 (EDN-RES) BETWEEN: THE GRAMANTHRA VIDYA PEETHA, HANDANAKERE, CHIKKANAYAKANAHALLI TALUK, TUMAKURU DISTRICT - 572 119. EDUCATION SOCIETY (REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT) REP. BY ITS PRESIDENT SRI. P.B. BASAVARAJU, S/O BYATARANGAPPA, AGED ABOUT 63 YEARS, R/AT VENKATADRI, 16TH CROSS, SIT EXTENSION, TUMAKURU - 572 103. …PETITIONER (BY SRI. SIDDARAMAIAH V.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, VIKASA SOUDHA, BENGALURU - 560 001. 2. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS, NEW PUBLIC OFFICES, NRUPATUNGA ROAD, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19737 WP NO.16477 OF 2025 K.R. CIRCLE, BENGALURU - 560 001. 3. THE DIRECTOR (HIGH SCHOOL), DEPARTMENT OF SCHOOL EDUCATION, OFFICE OF THE COMMISSIONER, NEW PUBLIC OFFICES, NRUPATUNGA ROAD, K.R. CIRCLE, BENGALURU - 560 001. 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (DDPI), DEPARTMENT OF SCHOOL EDUCATION, DR. S. RADHAKRISHNAN ROAD, SOMESHWARAMPURAM, TUMAKURU - 572 102. 5. THE BLOCK EDUCATION OFFICER (BEO), DEPARTMENT OF PUBLIC INSTRUCTION, HANDANAKERE, CHIKKANAYAKANAHALLI TALUK, TUMAKURU DISTRICT -572 119. …RESPONDENTS (BY SMT. SUKANYA BALIGA B., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE MEMORANDUM DATED 28TH MAY, 2025 FOR CANCELLATION OF RECOGNITION OF GVP GIRLS HIGH SCHOOL, HANDANAKERE, CHIKKANAYAKANAHALLI TALUK, ISSUED BY THE RESPONDENT NO.2-COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTIONS, NEW PUBLIC OFFICES, NRUPATUNGA ROAD, K.R CIRCLE, BENGALURU VIDE ANNEXURE-R; QUASH THE MEMORANDUM DATED 28TH MAY, 2025 FOR CANCELLATION OF RECOGNITION OF GVP BOYS HIGH SCHOOL, HANDANAKERE, CHIKKANAYAKANAHALLI TALUK, ISSUED BY THE RESPONDENT NO.2-COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTIONS, NEW PUBLIC OFFICES, NRUPATUNGA ROAD, K.R CIRCLE, BENGALURU VIDE ANNEXURE-S; AND ETC. - 3 - HC-KAR NC: 2026:KHC:19737 WP NO.16477 OF 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed challenging the orders dated 28th May, 2025 (Annexures 'R' and 'S') passed by the respondent No.2-Commissioner, cancelling the recognition of GVP Girls High School and GVP Boys High School run by the petitioner- Society; inter alia sought for direction to the respondents to release salary of the teaching and non-teaching staff of GVP Girls High School and GVP Boys High School, Handanakere, Chikkanayakanahalli Taluk run by the petitioner-Society. 2. The relevant facts for adjudication of this petition are that, the petitioner is a Society registered during the year- 1962 as per the Certificate of Registration dated 10th May, 1962 (Annexure-A) and was granted with the permission to start High School from the Academic year 1962-63 at Hanadanakere Village, Chikkanayakanahalli Taluk on 18th May, 1962 (Annexure-B). It is stated that the permission was accorded to run the Girls High School on 22nd November, 1984 by the petitioner-Society. It is also stated that, the respondent No.4 - 4 - HC-KAR NC: 2026:KHC:19737 WP NO.16477 OF 2025 issued a Registration Certificate dated 20th August, 1999 (Annexure-E), which would indicate that, a registration certificate has been issued to the petitioner-Society to run Girls High School. It is further averred that the respondent No.4 renewed the recognition of the Girls and Boys High School of the petitioner-Society for the Academic year 2023-24 as per Recognition Renewal Certificate dated 12th August, 2023 (Annexure-F series). It is further stated that the respondent No.4 issued Notice dated 19th September, 2024 (Annexure-G) to the petitioner stating that, there is a shortage of attendance of the students in the Schools run by the petitioner-Society and in turn, the petitioner-Society replied to the said notice as per Annexure-H. The reply made by the petitioner-Society has been considered by the respondent No.4 as per Annexure-J, wherein, it is stated that the subject of renewal and continuation of both Girls and Boys High Schools independently was sent to the respondent No.2. 3. It is the grievance of the petitioner-Society that the respondent-Authorities have not properly considered the reply made by the petitioner-Society and that apart, the respondent - 5 - HC-KAR NC: 2026:KHC:19737 WP NO.16477 OF 2025 No.4, in the letter dated 20th May, 2025 (Annexure-Q) recommended to run the Schools by the petitioner-Society. However, despite the said aspect of the matter, the respondent No.2 issued the impugned Memorandum dated 28th May, 2025 (Annexures 'R' and 'S'), cancelling the recognition of GVP Girls High School and GVP Boys High School, Handanakere, Chikkanayakanahalli Taluk. Being aggrieved, by the same, the petitioner-Society preferred the present petition. 4. Heard Sri. Siddaramaiah V.B., learned counsel appearing for the petitioner and Smt. Sukanya Baliga B., learned Additional Government Advocate appearing for respondents. 5. Sri. Siddaramaiah V.B., learned counsel appearing for the petitioner-Society, by referring to the fact that the School of the petitioner-Society is being run from the year- 1962 submitted that, at the time of initiation of the School, co- education was permitted to the petitioner-Society, however, on account of increase of students, respondent-Authorities have accorded permission to run separate schools for Girls and Boys. Learned counsel appearing for the petitioner, by referring to - 6 - HC-KAR NC: 2026:KHC:19737 WP NO.16477 OF 2025 the Whatsapp Messages at Annexure-Z submitted that, on account of fact that the respondent No.5-Block Education Officer had informed the nearby Schools not to admit the students to the Schools of the petitioner-Society, the strength of the students in the Schools of the petitioner-Society has gradually reduced. 6. Learned counsel appearing for the petitioner also submits that the respondent-Authorities have not released Salary in favour of teaching and non-teaching staff of the Schools run by the petitioner-Society as per the grant-in-aid. Accordingly, he sought for interference of this Court. 7. Per contra, Smt. Sukanya Baliga M., learned Additional Government Advocate appearing for respondents submitted that, as there is a decrease in the strength of the eighth standard students in respect of Boys High School, which is less than 25 students and therefore, the impugned orders passed by the respondent No.2 requires to be justified. 8. In the light of submission made by learned counsel appearing for the parties and on careful consideration of writ papers, the same would indicate that the petitioner-Society is - 7 - HC-KAR NC: 2026:KHC:19737 WP NO.16477 OF 2025 running the Schools since from the year-1962. It is to be noted that the separate Registration Certificate for the Girls and Boys High School has been issued by the respondent-Authorities. It is forthcoming from the writ petition that the respondent No.4 renewed the recognition for Boys and Girls High School as per Annexures 'F' and 'F1' respectively. However, for the reasons best known to the respondent-Authorities, the respondent No.5-Block Education Officer issued intimation to all the Head Masters of the nearby schools of the GVP High Schools, not to admit the students of their schools to GVP High Schools run by the petitioner-Society. The said action on the part of the respondent No.5, being a Government Servant is deprecated. Therefore, this Court would seek to take serious note of the conduct of respondent No.5 as per Annexure-Z to the petition. In this regard, the respondent No.2 shall take action against the respondent No.5. 9. On perusal of the impugned order at Annexures 'R' and 'S', the same would indicate that number of students in the High School in respect of eighth standard is 39, ninth standard is 58 and tenth standard is 58. Taking into consideration the - 8 - HC-KAR NC: 2026:KHC:19737 WP NO.16477 OF 2025 fact that the petitioner-Society had stated that the respondent No.4 has already accorded permission to run the High School for students of both boys and girls separately, I am of the view that the reasons assigned by the respondent No.2 in the impugned orders at Annexures 'R' and 'S' insofar as the merging of teachers in respective high schools cannot be accepted. It is to be noted that, ill-action of the respondent No.5 in instructing the Head Masters of the nearby institutions of the Schools run by the petitioner-Society, not to admit theIR students to the Schools run by the petitioner-Society may be one of the groundS for decrease in the strength of students in the Schools of the petitioner-Society. In that view of the matter, I find force in the submission made by learned counsel appearing for the petitioner. Therefore, following the law declared by this Court in the case of MALNADU KANNADA HIGH SCHOOL vs. THE STATE OF KARNATAKA AND OTHERS made in Writ Petition No.18286/2018 decided on 04th June, 2018 (Annexure-D), I am of the view that the impugned orders passed by the respondent No.2 are without application of mind and the cause for reduction of the strength of students - 9 - HC-KAR NC: 2026:KHC:19737 WP NO.16477 OF 2025 in the Schools in question is on account of ill-action on the part of the respondent No.5. Accordingly, I pass the following: O R D E R (i) Writ Petition allowed; (ii) Impugned orders dated 28th May, 2025 (Annexures 'R' and 'S') passed by the respondent No.2, cancelling the recognition of the GVP Girls High School and GVP Boys High School, Handanakere, Chikkanayakanahalli Taluk are hereby set-aside; (iii) Respondents 1 and 2 are directed to release the Salary of Teaching and Non-Teaching Staff of the Schools in question run by the petitioner-Society as per the grant-in-aid within one month from the date of receipt of this order. (iv) Respondent No.3 is directed to consider the recommendation made by the respondent No.4 in a letter dated 21st November, 2024 (Annexure-J) in respect of the transfer of Teaching and Non-Teaching staff from the Girls High School to Boys High School, within one month from the date of receipt of this order. - 10 - HC-KAR NC: 2026:KHC:19737 WP NO.16477 OF 2025 (v) It is made clear that, compliance of this order be made before this Court by the learned Additional Government Advocate. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 2 Sl No.: 6