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2026 DAILYLAW 34150 (KAR)

SWAMI VIVEKANANDA RASHTRA SEVA TRUST MATHRUDHAMA (R) v. STATE OF KARNATAKA

WP/20555/2024 · 2026-08-13

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR CNR: KAHC010420002024 NC: 2026:KHC:43395 WP No. 20555 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 20555 OF 2024 (GM-RES) BETWEEN: SWAMI VIVEKANANDA RASHTRA SEVA TRUST-MATHRUDHAMA (R) R/AT-HULIMANGALA VILLAGE ANEKAL TALUK, BENGALURU 560105 REP BY ITS SECRETARY SRI. GIRISH (REGISTERED UNDER THE INDIAN TRUST ACT, 1882) …PETITIONER (BY SRI. SHYAM PRASAD TS.,ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH THE CHIEF SECRETARY DEPARTMENT OF WOMEN AND CHILDREN WELFARE VISHWESHWARAIAH KENDRA, DR. AMBEDKAR VEEDHI, BANGLORE-560 001 2. DISTRICT CHILD PROTECTION OFFICER BENGALURU WEST NO. 141, NANDIGARDEN, OPP SRIVANI COLLEGE, ATTIBELE MAIN ROAD, ANEKAL 562106 3. DIRECTORATE OF CHILD PROTECTION VISHWESHWARAIAH KENDRA, CHIKKA GOPURA, 3RD FLOOR, DR. AMBEDKAR VEEDHI, BANGLORE-560 001 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010420002024 NC: 2026:KHC:43395 WP No. 20555 of 2024 PHONENO-080-22867381/2/3 E-MAIL ICPS.KAR@GMAIL.COM 4. DISTRICT COMMISSIONER THE PRESIDENT, DISTRICT CHILD PROTECTION UNIT KEMPEGOWDA ROAD, BEHIND KANDAYA BHAVANA, BENGALURU URBANDISTRICT BENGALURU-560009 …RESPONDENTS (BY SRI. SHAMANT NAIK., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT TO R-1 TO IMMEDIATELY WITHDRAW IMPUGNED NOTICE DTD. 01.04.2024 OR SUCH NOTIFICATIONS AS ULTRAVIRES AND ETC. THIS WRIT PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this court seeking for the following reliefs: a) Issue a Writ of Mandamus or any other appropriate Writ to 1. Respondent No. 1 to immediately withdraw impugned notice at Annexure-E ಸಂೆ:.ಮ.ರ.ಘ/ ೆಂ(ಆ)/.ವ.ಬ/2024- 25/143 (dated-01/04/2024) or such notifications as ultravires. 2. To issue suitable directions to the respondent state authorities to issue guidelines about the registration and establishment of hostels and gurukulas and traditional - 3 - HC-KAR CNR: KAHC010420002024 NC: 2026:KHC:43395 WP No. 20555 of 2024 schools and residential schools with proper instructions to avoid misconceptions and allow for proper functioning and efficient residential places for children to support the not for profit organisations to run these children residential centres without undue intervention of CWC authorities. 3. To issue an immediate relief to the petitioner organisation which has received such forceful demand notice (01/04/2023 Jas in the Annexure E, (dated- 01/04/2024) for registration and to declare it ultravires and to give directions to declare such notifications as null and void till the setting up of new guidelines by the concerned state government agencies. 4. To protect the identity of the children residents who are presently residing at the petitioner's residential centre and not to subject them to any further inquiries by CWC authorities, other than schooling requirements. 5. To pass any other necessary guidelines to district child welfare authorities and CWC authorities to restrain from any such raids and physical visits to these residential centres for normal children unless there are serious child related crimes and such complaints received against the administration of such trusts and organisations. b) Issue an appropriate Writ to the Respondent No. 1 to 4 c) Any other relief, order or direction this court may deem fit and proper under the facts and circumstances of this case. 2. Though the matter had been taken up for hearing on several occasions, and submissions had been made on certain of the issues, during pendency of the matter, the procedure for regulating standalone hostels, hostels of Educational Institutions, residential schools or colleges for children in Karnataka 2025 has been issued. - 4 - HC-KAR CNR: KAHC010420002024 NC: 2026:KHC:43395 WP No. 20555 of 2024 3. The submission of learned AGA was that this procedure would apply to any of the above across the State of Karnataka. 4. Sri.Shyam Prasad T.S., learned counsel for the petitioner submits that the petitioner would apply for registration under the said regulations. 5. Learned AGA was called upon to enquire and make his submission as to whether the registration is open. On instructions of the Principal Secretary, Women and Child Welfare Department, he submits that the physical registration has been open, the online registration will take some more time. If the petitioner were to make an application physically for purpose of registration by following the due procedure, the same would be considered and necessary orders passed within a period of 30 days from the date of receipt of the application. 6. Submission of Sri.Shyam Prasad.T.S, learned counsel for the petitioner is that the petitioner would file the application expeditiously. - 5 - HC-KAR CNR: KAHC010420002024 NC: 2026:KHC:43395 WP No. 20555 of 2024 7. Placing both their submissions on record, making it clear that the petitioner would be bound by the procedure for regulating standalone hostels, hostels of Educational Institutions, residential schools or colleges for children in Karnataka 2025, which has been accepted by the petitioner, the petition stands disposed. 8. It is also however made clear that the petitioner shall submit that application on or before 17.09.2026. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 3 Sl No.: 0