- 1 - HC-KAR NC: 2026:KHC:19627-DB WA No. 1336 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1336 OF 2025 (EDN-RES) BETWEEN: 1. MASTER YASHWANTH K S/O. KRISHNAPPA, AGED ABOUT 16 YEARS R/AT KALKERI, BANNERGHATTA ROAD BENGALURU - 560 083 REPRESENTED BY HIS NATURAL GUARDIAN KRISHNAPPA ALIAS KRISHNA …APPELLANT (BY SRI STEEPHEN MATHEW, ADVOCATE FOR SRI KARUNAKARA P., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF EDUCATION AND SCHOOL AND LITERACY VIDYA SOUDHA, DR. AMBEDKAR VEEDHI BENGALURU - 560 001 2. CENTRAL BOARD OF SECONDARY EDUCATION HAVING ADDRESS AT: SRHRIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR NEW DELHI - 110 092 REPRESENTED BY ITS CHAIRMAN 3. THE BLOCK EDUCATION OFFICER ANEKAL TALUK Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19627-DB WA No. 1336 of 2025 BENGALURU RURAL DISTRICT - 560 002 4. DIRECTOR OF PRIMARY EDUCATION OFFICE BANGALORE SOUTH DISTRICT KALASIPALYA BANGALORE - 560 002 5. DEPUTY DIRECTOR OF PRIMARY SCHOOL EDUCATION BANGALORE SOUTH DISTRICT BANGALORE - 560 001 6. THE SAMHITHA ACADEMY LAKSHMIPURA VILLAGE BANNERUGHATTA ROAD BANGALORE - 560 083 …RESPONDENTS (BY SMT. NAMITHA MAHESH B.G., AGA FOR R-1 & 3 TO 5; SRI SHAILENDRA M.R., ADVOCATE FOR R-2 & SRI BADRI VISHAL, ADVOCATE FOR R-6) THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE ORDER DATED 17/07/2025 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.36368/2024 AND ALLOW THE WRIT PETITION & ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 10.07.2025 passed by the learned Single Judge of this Court in W.P.No.36368/2024, inter alia, praying that directions be - 3 - HC-KAR NC: 2026:KHC:19627-DB WA No. 1336 of 2025 issued to respondent No.3 to admit the petitioner in respondent No.6 - School in the 9th standard. The impugned order is a common order passed in the said writ petition as well as WP.No.14232/2023 (EDN-RES). 2. The appellant had filed the said writ petitions praying that he be admitted in the respondent No.6 - School in the 9th standard. Respondent No.6 had filed WP.No.14232/2023 calling into question the memorandum dated 04.07.2023 issued by respondent No.3 (Block Educational Officer) and further praying for a declaration that the appellant is not entitled for promotion to Class 9th grade in the respondent No.6 - School. Both the aforesaid petitions were disposed of on the ground that the appellant was aged about 16 years and therefore the Right of Children to Free and Compulsory Education Act, 2009 [the RTE Act] was not applicable. The controversy raised on merits was not addressed. 3. It is the appellant's case that he is ready and willing to take admission in the 9th standard as a non-RTE student and does not claim any benefits under the RTE Act. - 4 - HC-KAR NC: 2026:KHC:19627-DB WA No. 1336 of 2025 4. It is the respondent No.2's stand that although the appellant had completed his 8th standard, he could not be promoted to the 9th standard as he had failed to clear the examinations. 5. It is common ground that the appellant could not be withheld in the 8th Standard. However, the respondent claims that as per the scheme of the Central Board of Secondary Education, to which respondent No.6 School is affiliated, the student who has not cleared the examination in 8th standard could not be promoted to the 9th standard. 6. After some arguments, the learned counsel for the appellant submits that the appellant will be satisfied if he is permitted to appear for a re-examination and subject to his clearing the re- examination, promoted to 9th standard. Respondent No.6 - School has filed in memo, which reads as under: "The Petitioner and Respondent No. 6 submits as hereunder: 1. The Respondent No. 6 would provide an opportunity to the Appellant to take a reexamination of class VIII in those subjects he has secured grade E. The same would be conducted in the end of April 2026. 2. In the event the Appellant does not obtain any grade above grade E in the re-examination, he shall be issued a Transfer Certificate ("TC") with a remark "Completed". - 5 - HC-KAR NC: 2026:KHC:19627-DB WA No. 1336 of 2025 3. The appellant shall withdraw all the complaints made before various authorities, and undertakes not to agitate by filing complaints on this issue hereafter. WHEREFORE, this Hon'ble Court may kindly be pleased to take this memo on record, in the interest of justice and equity." 7. The learned counsel appearing for the appellant also states that he has obtained the necessary instructions and the appellant is agreeable to the said terms as set out in the memo and as noted above. In the event, the appellant fails to clear the re-examinations, he would accept the transfer certificate as issued by respondent No.6 and pursue his education in another school/institution. 8. In view of the above, we do not consider it necessary to examine the questions raised in the present appeal. However, we clarify that so far as the appellant's grievance / case against respondent No.6 is concerned, the same stands closed in terms of this order. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE SD, List No.: 2 Sl No.: 14