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2026 DAILYLAW 3309 (KAR)

M/S. SHRISHAIL MALLIKARJUN EDUCATION TRUST, v. THE STATE KARNATAKA

WP/11545/2026 · 2026-04-17

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:21082 WP NO.11545 OF 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.11545 OF 2026 (EDN-REG) BETWEEN: M/S. SHRISHAIL MALLIKARJUN EDUCATION TRUST (A TRUST REGD. UNDER THE PROVISIONS OF THE INDIAN TRUSTS ACT, 1882) HAVING ITS REGISTERED OFFICE AT: NO.1980, K.R. EXTENSION, 4TH MAIN ROAD, TIPTUR, TUMAKURU DISTRICT - 572 201. REP. BY ITS MANAGING TRUSTEE SRI. ADHONI CHETAN. …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: 1. THE STATE KARNATAKA DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, M.S. BUILDING, BENGALURU - 560 001. BY ITS SECRETARY. 2. THE BLOCK EDUCATION OFFICER (BEO) EDUCATION DEPARTMENT, TIPTUR, TUMAKURU DISTRICT - 572 201. 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (DDPI) TUMAKURU DISTRICT, TUMAKURU - 572 201. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21082 WP NO.11545 OF 2026 4. THE ASSISTANT COMMISSIONER TUMAKURU SUB-DIVISION, TUMAKURU DISTRICT - 572 201. …RESPONDENTS (BY SMT. SUKANYA BALIGA B., AGA) THIS WRIT PETITON IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 07TH FEBRUARY, 2026 ISSUED BY THE RESPONDENT NO.2-BEO ASKING THE PETITIONER NOT TO ADMIT THE CHILDREN TO THIS ACADEMIC YEAR VIDE ANNEXURE-J; DIRECT THE RESPONDENTS TO GRANT OR RENEW TO RUN THE PRE-SCHOOL 'LITTLE MILLENNIUM PRE- SCHOOL' SITUATED AT NO.1980, K.R. EXTENSION, 4TH MAIN ROAD, TIPTUR, TUMAKURU DISTRICT, SUBJECT TO COMPLIANCE WITH SAFETY AND MUNICIPAL NORMS; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Smt. Sukanya Baliga B., learned Additional Government Advocate accepts notice for respondents. 2. In this petition, the petitioner-Trust is challenging the Final Notice dated 07th February, 2026 (Annexure-J) issued by the respondent No.2-Block Education Officer. 3. Heard Sri. Vinod Kumar M., learned counsel appearing for the petitioner and Smt. Sukanya Baliga B., - 3 - HC-KAR NC: 2026:KHC:21082 WP NO.11545 OF 2026 learned Additional Government Advocate appearing for respondents. 4. Sri. Vinod Kumar M., learned counsel appearing for the petitioner submits that the petitioner-Trust had complied with all the requirements as per the provisions of the Karnataka Education Act, 1983 and running School namely 'Little Millennium Pre-School'. Accordingly, he sought for direction to the respondents to grant/renew permission to run the School in question. 5. Per contra, Smt. Sukanya Baliga B., learned Additional Government Advocate appearing for respondents submitted that the petitioner-Trust had violated the provisions of Karnataka Education Act, 1983 in respect of the School in question. Accordingly, she sought for dismissal of the petition. 6. In the light of submission made by learned counsel appearing for the parties, and on perusal of the averments made in the writ petition, I am of the view that the petitioner be permitted to file a reply/objections to the impugned notice issued by the respondent No.2. Accordingly, the petitioner Trust is directed to file a reply/objections to the Final Notice - 4 - HC-KAR NC: 2026:KHC:21082 WP NO.11545 OF 2026 dated 07th February, 2026 (Annexure-J) issued by the respondent No.2 within a period of two weeks from the date of receipt of this order. The respondent-Authorities upon receipt of reply/objections that may be made by the petitioner-Trust, shall consider the same on merits and take appropriate decision in accordance with law at the earliest. It is made clear that, till the consideration of reply/objections that may be made by the petitioner as stated above, respondents shall not take any precipitative action against the School in question run by the petitioner-Trust. With this observation, writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 2 Sl No.: 14