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2026 DAILYLAW 17001 (KAR)

EVERGREEN KINDERGARTEN v. STATE OF KARNATAKA

WP/6547/2026 · 2026-02-27

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12409 WP No. 6547 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 6547 OF 2026 (EDN-RES) BETWEEN: 1. EVERGREEN KINDERGARTEN PRE-PRIMARY SCHOOL, SITUATED AT HANUMANTHANAGAR, JALAMANGALA ROAD, RAMANAGARA TOWN, RAMANAGARA TALUK AND DISTRICT. REPT BY IS SECRETARY, SRI PRADEEPA C S/O CHELUVEGOWDA K B AGED ABOUT 36 YEARS. 2. SMT. SHUBHAVARNA. P. W/O PRADEEPA. C, AGED ABOUT 30 YEARS, THE PRINCIPAL, OF EVERGREEN KINDERGARTEN, RAMANAGARA TOWN, PRE-PRIMARY SCHOOL, RAMANAGARA TALUK AND DISTRICT. …PETITIONERS (BY SRI. HALESHA R. GAVIMATH., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF SCHOOL EDUCATION, REPREESNTED BY THE Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12409 WP No. 6547 of 2026 PRINCIPAL SECRETARY, M. S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU-560 001. 2. COMMISSIONER OF PUBLIC INSTRUCTION, DEPARTMENT OF SCHOOL EDUCATION, NEW PUBLIC OFFICE, NEAR RBI, NRUPATHUNGA ROAD, AMBEDKAR VEEDHI, SAMPANGI RAMANAGARA, BENGALURU-560 001. 3. DEPUTY DIRECTOR OF PUBLIC, INSTRUCTIONS(DDPI), B. M. ROAD, VIJAYANAGAR, RAMANAGARA-562 156. 4. BLOCK EDUCATION OFFICER(BEO), DEPARTMENT OF SCHOOL EDUCATION, RAMANAGARA TALUK, RAMANAGARA-562156. BENGALURU SOUTH DISTRICT, KARNATAKA. …RESPONDENTS (BY SRI.MANJUNATH K.HCGP, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICES DATED 17-12-2025 IN NO.A4/ KH. A. RA.SHA.VI.DOORI.KU/36/2025-26/693/25-26 PRODUCED AT ANNEXURE-K, AND IMPUGNED NOTICE DATED 04-10-2025 IN NO.A4/KH.A.RA.SHA.VI.DOORI.KU/36/2025-26 PRODUCED AT ANNEXURE-J. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:12409 WP No. 6547 of 2026 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners have filed this writ petition challenging the show cause notices issued by respondent No.4 calling upon the petitioners to show cause why the order should not be passed for closure of pre-primary school. The petitioners, without submitting the reply to the show cause notices, hence, filed this writ petition. 2. The writ petition filed by the petitioners is not maintainable in view of the proposition of law laid down by the Hon’ble Apex Court in the case of Commissioner of Central Excise, Haldia vs. M/s. Krishna Wax Private Limited reported in Civil Appeal No.8609/2019, disposed of on 14.11.2019, as such, the writ petition filed by the petitioners is premature. 3. In view of the above discussion, I proceed to pass the following order: - 4 - HC-KAR NC: 2026:KHC:12409 WP No. 6547 of 2026 ORDER i. The writ petition is dismissed. ii. A liberty is reserved to the petitioners to submit a reply to the impugned show cause notices within 15 days from today and thereafter, respondent No.4 is directed to consider the reply and pass an appropriate order in accordance with law, within 30 days from the date of receipt of a reply. iii. Meanwhile, respondent No.4 is directed not to take any coercive action against the petitioners till passing the order. iv. Pending IA, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SKS