ABHYUDAYA EDUCATION TRUST v. DEPUTY DIRECTOR (ADMINISTRATION )
WP/4178/2024 · 2026-03-10
E S Indiresh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14752 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14752 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:14228 WP No. 4178 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.4178 OF 2024 (EDN-RES) BETWEEN:
1.
ABHYUDAYA EDUCATION TRUST A PUBLIC CHARITABLE TRUST REGISTERED UNDER THE INDIAN TRUSTS ACT, 1882 HAVING ITS REGISTERED OFFICE AT NO.208, WEST MINISTER BUILDING NO.13, CUNNIGHAM ROAD BENGALURU - 560052 REPRESENTED BY ITS MANAGING TRUSTEE MR. M. KRISHNA. …PETITIONER (BY SRI. KASHYAP N. NAIK, ADVOCATE) AND:
1.
DEPUTY DIRECTOR (ADMINISTRATION ) DEPARTMENT OF PUBLIC INSTRUCTION BANGALORE SOUTH DISTRICT KALASIPALYAM BENGALURU - 560002.
2.
BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTION BANGALORE SOUTH DIVISION 4 KRISHNARAJAPURA BENGALURU -560036.
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:14228 WP No. 4178 of 2024
3.
CENTRAL BOARD OF SECONDARY EDUCATION AN AUTONMOUS ORGANIZATION UNDER THE MINSITRY OF EDUCATION GOVERNMENT OF INDIA SHIKSHA KENDRA NO.2 COMMUNITY CENTRE PREET VIHAR, NEW DELHI REPRESENED BY ITS JOINT SECRETARY (AFFILIATION).
4.
JOIJNT SECRETARY - AFFILIATION CENTRAL BOARD OF SECONDARY EDUCATION AN AUTONMOUS ORGANIZATION UNDER THE MINSITRY OF EDUCATION GOVERNMENT OF INDIA SHIKSHA KENDRA NO.2 COMMUNITY CENTRE PREET VIHAR, NEW DELHI REPRESENTED BY ITS SECRETARY (AFFILIATION)
5.
SHREE GANGADHARESHWEARA EDUCATIONAL TRUST A PUBLIC CHARITABLE TRUST, REGISTERED UNDER INDIAN TRUSTS ACT 1882 HAVING ITS REGISTERED OFFICE AT NO 199 SHANTIDHAAM, SUNKADAKATTE MAGADI MAIN ROAD BENGALURU - 560091 REP BY ITS TRUSTEE MR. DHANANJAY R.
6.
STATE OF KARNATAKA PRINCIPAL SECRETARY DEPARTMENT OF EDUCATION
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HC-KAR NC: 2026:KHC:14228 WP No. 4178 of 2024
M.S. BUILDING BENGALURU - 560 001.
7.
CHIEF COMMISSIONER BBMP N.R. SQUARE BENGALURU - 560 002. …RESPONDENTS (BY SMT. SUKANYA BALIGA B., AGA FOR R1, R2 & R6;
SRI. M.R. SHAILENDRA, ADVOCATE FOR R3 & R4;
SRI. RAKESH BHAT, ADVOCATE FOR R5;
SRI. K.B. MONESH KUMAR, ADVOCATE FOR R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED CERTIFICATE BEARING NO.20231789 DATED 08.01.2024 ISSUED BY THE RESPONDENT NO.1 AS CONTAINED IN ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard Sri. Kashyap N. Naik, learned counsel for the petitioner; Smt. Sukanya Baliga, learned Additional Government Advocate appearing for the respondent-State; Sri. M.R. Shailendra, learned counsel for the respondent Nos.3 and 4; Sri. Rakesh Bhat, learned counsel for the
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HC-KAR NC: 2026:KHC:14228 WP No. 4178 of 2024
respondent No.5; Sri. Pradeep Patil, learned counsel appearing for Sri. K. B. Monesh Kumar, for respondent No.
7. 2. In this writ petition, the petitioner is assailing the certificate dated 08.01.2024 issued by Respondent No.1 in favour of Respondent No.5-Trust. 3. Sri. Kashyap N. Naik, learned counsel appearing for the petitioner, submitted that Respondent No.5 had produced certain fraudulent documents before the competent authority while seeking registration of the certificate dated 08.01.2024. On that ground, he sought for quashing of the said certificate. 4. Per contra, Sri. Rakesh Bhat, learned counsel appearing for Respondent No.5, invited the attention of the Court to the memo dated 31.01.2026 and submitted that the dispute between the petitioner and Respondent No.5-Trust has already been resolved in A.C. No.299 of 2023 before the learned Arbitral Tribunal on 04.07.2025. - 5 -
HC-KAR NC: 2026:KHC:14228 WP No. 4178 of 2024
He further submitted that, in view of the said settlement, the present writ petition does not survive for consideration and therefore, sought dismissal of the writ petition. 5. Having taken note of the submissions made by the learned counsel for the parties, the grievance of the petitioner pertains to the permission granted to Respondent No.5-Trust to run the Institution. It is not in dispute that the rival claims between the petitioner and Respondent No.5 have been settled by the learned Arbitrator in A.C. No.299 of 2023 by an award dated 04.07.2025, wherein Clause F(iii) in the Settlement Award before the learned Arbitrator, provides that the parties shall withdraw all pending cases against each other before the courts of law. 6. In that view of the matter, since the rival claims between the petitioner and Respondent No.5 have been resolved by way of arbitration proceedings in A.C. No.299 of 2023, this Court is of the opinion that if any grievance
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HC-KAR NC: 2026:KHC:14228 WP No. 4178 of 2024
still survives, as raised by the petitioner in the representations at Annexure–D series, the same requires to be considered by Respondent No.1 in accordance with law. 7.
Accordingly, Respondent No.1 is directed to consider the representations submitted by the petitioner at Annexure–D series and pass appropriate orders in accordance with law within an outer limit of three months from the date of receipt of a certified copy of this order. Accordingly, the writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE
SB List No.: 1 Sl No.: 19