SRI. LAKSHMI VENKATESHWARASWAMY v. THE STATE OF KARNATAKA
WP/37931/2025 · 2026-03-16
E S Indiresh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 12572 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12572 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:15335 WP No. 37931 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.37931 OF 2025 (EDN-RES)
BETWEEN:
SRI. LAKSHMI VENKATESHWARASWAMY BHOVI EDUCATIONAL ASSOCIATION GOLLARAHALLY, ANAJE DAVANAGERE TALUK, DAVANAGERE DISTRICT-577213.
REP.BY ITS SECRETARY SMT. JAYALAKSHMI KRISHNA (REGISTERED UNDER THE SOCIETIES ACT, 1960) …PETITIONER (BY SRI. BASAVARAJA PATEL G K., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, (PRIMARY AND SECONDARY EDUCATION) M.S. BUILDING, BENGALURU-560001.
2.
THE COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION, (PRIMARY AND SECONDARY EDUCATION) NRUPATHUNGA ROAD, BENGALURU-560 001.
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:15335 WP No. 37931 of 2025
3.
THE DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION (HIGH SCHOOL) NRUPATHUNGA ROAD, BENGALURU-560 001.
4.
THE DEPUTY DIRECTOR (ADMINISTRATION), DEPARTMENT OF SCHOOL EDUCATION, DAVANAGERE, DAVANAGERE DISTRICT-577 001.
5.
THE BLOCK EDUCATION OFFICER, DEPARTMENT OF SCHOOL EDUCATION, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577 213.
…RESPONDENTS (BY SMT. SUKANYA BALIGA B., AGA FOR R1 TO R5)
THIS WRIT PETITON IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED MEMORANDUM BEARING NO.C8(5), SHAASHIA MANYATE RADDU 1916045/2024-25 DATED 17.11.2025 ISSUED BY THE 3RD RESPONDENT ANNEXURE-D, THE SAME IS ARBITRARY, ILLEGAL AND CONTRARY TO EDUCATION ACT AND ETC.,.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
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HC-KAR NC: 2026:KHC:15335 WP No. 37931 of 2025
ORAL ORDER Heard the learned counsels appearing for the parties.
2. In this writ petition petitioner has sought for quashing the order dated 17.11.2025 (Annexure-D) issued by respondent No.3, inter-alia sought for direction to respondent not to interfere with the running of the petitioner- institution which is running its educational institution for more than 40 years.
3. Having taken note of the submissions made by the counsels appearing for the parties, respondent No.2 has issued the impugned Memorandum dated 17.11.2025, stating that on account of the decrease in the student's strength in the petitioner-institution, the respondent authorities have taken a decision to withdraw the recognition granted under the Provisions of the Karnataka Education Act, 1983.
4. In this regard, learned counsel appearing for the petitioner invited the attention of the Court to Annexure C - G.O. dated 07.08.2024, wherein the Government has issued the Notification as to the appointment of teachers in the private aided institutions. It is also to be noted that, it is submitted by
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HC-KAR NC: 2026:KHC:15335 WP No. 37931 of 2025
the learned counsel appearing for the petitioner that as on today there are seven temporary teachers and one aided teacher is working in the petitioner-institution. In that view of the matter, as the learned counsel appearing for the petitioner has submitted that the steps will be taken by the petitioner- institution for appointment of permanent teachers to petitioner- institution herein within three months from the receipt of this
order, and as such following the declaration of law made by this Court in the case of MALNADU KANNADA HIGH SCHOOL VS.
THE STATE OF KARNATAKA AND OTHERS in Writ Petition No.18286/2017, disposed of on 04.06.2018, I am of the view that the respondents-authorities ought to have given a fair opportunity to the petitioner-institution to appoint regular teachers, since the Government has passed the Notification dated 07.08.2024, according permission for appointment of the teachers in the private aided institutions. In that view of the matter, the petitioner-institution is directed to file an affidavit before this Court within two weeks from today as to taking steps for appointment of the teachers in the petitioner- institution. In that view of the matter, following the declaration of law made by this Court in the above writ petition, I am of the
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HC-KAR NC: 2026:KHC:15335 WP No. 37931 of 2025
view that the Memorandum dated 17.11.2025 (Annexure-D) passed by respondent No.2 is accordingly quashed. The writ petition is accordingly allowed subject to the observation made above.
SD/- (E.S.INDIRESH) JUDGE
AP List No.: 1 Sl No.: 22