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2026 DAILYLAW 20722 (KAR)

THE STATE OF KARNATAKA v. SREE GURUKULA CHARITABLE TRUST (R)

WA/1040/2026 · 2026-06-08

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27137-DB WA No. 1040 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO.1040 OF 2026 (EDN-RES) BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560001. 2. THE DEPUTY DIRECTOR DEPARTMENT OF SCHOOL EDUCATION, MADHUGIRI EDUCATIONAL DISTRICT, MADHUGIRI-572132. 3. BLOCK EDUCATION OFFICER DEPARTMENT OF SCHOOL EDUCATION, PAVAGADA TALUK, MADHUGIRI EDUCATIONAL DISTRICT, PAVAGADA - 561202. …APPELLANTS (BY SMT. NAMITHA MAHESH B.G., ADDITIONAL GOVERNMENT ADVOCATE) AND: SREE GURUKULA CHARITABLE TRUST (R) HAVING ITS REGISTERED OFFICE AT SAPTAGIRI LAYOUT, PAVAGADA CHALLAKERE ROAD, PAVAGADA TOWN, Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27137-DB WA No. 1040 of 2026 TUMKURU DISTRICT-561202 REPRESENTED BY ITS MANAGING TRUSTEE, SRI N.C. NAGABHUSHANA. …RESPONDENT THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 19.11.2024, PASSED IN WRIT PETITION NO.27129/2024 (EDN-RES); DISMISS THE SAID WRIT PETITION NO.27129/2024 (EDN-RES) FILED BY THE RESPONDENT AND CONSEQUENTLY AFFIRM THE VALIDITY OF THE CLOSURE NOTICE DATED AUGUST 20, 2024; ISSUE A DECLARATION THAT THE RESPONDENT'S OPERATION OF THE STATE SYLLABUS SCHOOL FOR CLASSES 9 AND 10 IS UNAUTHORIZED AND ILLEGAL. 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 MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellants have filed the present appeal impugning an order dated 19.11.2024 passed by the learned Single Judge in W.P.No.27129/2024 [EDN-RES]. The respondent had filed the said writ petition impugning the Closure Notice dated 20.08.2024 bearing No.C3.aa.sha.ma.01/2024-25 passed by the appellant No.3 and also the Circular dated 17.09.2024 bearing No.Anu1.Kha.Sha.Su.11/2024-25 passed by appellant No.2. - 3 - HC-KAR NC: 2026:KHC:27137-DB WA No. 1040 of 2026 2. In terms of the Karnataka Education Institutions (Issue of No Objection Certificate and Control) Amendment Rules, 2024, which were published on 25.06.2024 and came into effect on 06.03.2024, schools affiliated to the ICSE or CBSE Boards would not be affiliated to the State Board and could not teach the State syllabus. The respondent, however, had already obtained the affiliation before the said Rules came into force. Accordingly, the learned Single Judge held that its State Board affiliation would not be affected by the said Rules. 3. The appellant has filed the present appeal after a delay of 454 days. There is no credible reason provided for the inordinate delay. The only explanation offered for the delay is that the process of obtaining the legal opinion on the feasibility and merits of filing the appeal, involved consultation with multiple legal and departmental officers, and took a considerable period of time. The application-I.A.No.1/2026 seeking condonation of delay is bereft of any specific details. 4. At this stage, the learned Additional Government Advocate appearing for the appellants submits that the appellants' grievance - 4 - HC-KAR NC: 2026:KHC:27137-DB WA No. 1040 of 2026 does not survive as there are no students admitted to the State syllabus. 5. In view of the above, the application-I.A.No.1/2026 seeking condonation of delay is dismissed. Consequently, the appeal is dismissed as well. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AT List No.: 2 Sl No.: 14