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2026 DAILYLAW 38537 (KAR)

THE SAMHITA ACADEMY v. THE STATE OF KARNATAKA

WP/32246/2025 · 2026-09-03

T P Vivekananda

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010696592025 NC: 2026:KHC:48215 WP No. 32246 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION NO. 32246 OF 2025 (GM-RES) BETWEEN: THE SAMHITA ACADEMY NO.52, LAKSHMIPURA VILLAGE BANNERGHATTA ROAD, JIGANI HOBLI ANEKAL TALUK, BANGALORE-560 083 REPRESENTED BY ITS PRINCIPAL …PETITIONER (BY SRI: JISHNU J. NARAYAN ADVOCATE FOR SRI: BADRI VISHAL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S.BUILDING 2ND GATE, 6TH FLOOR AMBEDKAR VEEDHI BENGALURU-560 001 REPRESENTED BY PRINCIPAL SECRETARY 2. THE KARNATAKA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS 4TH FLOOR, KRISHI BHAVAN NEAR-HUDSON CIRCLE NRUPATHUNGA RD AMBEDKAR VEEDHI SAMPANGI RAMA NAGAR BENGALURU-560 001 Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010696592025 NC: 2026:KHC:48215 WP No. 32246 of 2025 REPRESENTED BY ITS CHAIRMAN 3. BLOCK EDUCATION OFFICER DEPARTMENT OF SCHOOL EDUCATION ANEKAL TALUK, ANEKAL BENGALURU-562 106 4. DEPUTY DIRECTOR DEPARTMENT OF SCHOOL EDUCATION NO.12, DISPENSARY ROAD OPPOSITE KIMS HOSPITAL KALASIPALAYA BENGALURU-560 002 5. SHRI. KRISHNAPPA A ALIAS KRISHNA S/O APPAJAPPA NO.53, KALKERE BANNERGHATTA ROAD, ANEKAL TALUK BENGALURU-560 083 6. MASTER. YASHWANTH K S/O KRISHNAPPA A ALIAS KRISHNA AGED ABOUT 16 YEARS NO.53, KALKERE, BANNERGHATTA ROAD, ANEKAL TALUK BENGALURU-560 083 SINCE MINOR REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN KRISHNAPPA A ALIAS KRISHNA …RESPONDENTS (BY SMT: NAVYA SHEKAR, AGA FOR R1 TO T4; SRI: KARUNAKARA P, ADVOCATE FOR R5 & R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER AND QUASH THE SUMMONS DATED 04.10.2025 ISSUED ON THE PETITIONER BY THE RESPONDENT NO.2 IN - 3 - HC-KAR CNR: KAHC010696592025 NC: 2026:KHC:48215 WP No. 32246 of 2025 CASE NO. KARAMAHARAA NO. 0253/10/2025 ALONG WITH COMPLAINT PRODUCED AT ANNEXURE A AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA ORAL ORDER The petitioner - Institution is before this Court challenging the summons dated 04.10.2025 at Annexure-A, notice dated 21.08.2025 at Annexure-A1 and summons dated 07.08.2023 at Annexure-A2 issued by respondent No.2 - Commission, whereby, the officials of the petitioner - Institution had been summoned to appear before respondent No.2 to enquire into complaint filed by the respondent Nos.5 and 6. 2. This Court by an interim order dated 28.10.2025 has stayed the impugned summons. 3. Today, when the matter is taken up for consideration, learned counsel for the petitioner files a memo enclosing a copy of the judgment passed by the Division Bench in Writ Appeal No.1336 of 2025 dated 09.04.2026. The said writ appeal was disposed of taking note of the memo submitted - 4 - HC-KAR CNR: KAHC010696592025 NC: 2026:KHC:48215 WP No. 32246 of 2025 by a petitioner herein, who was respondent No.6 in the said writ appeal to the effect that the student would be provided re- examination and the Institution has also agreed to issue transfer certificate to enable the student to seek admission in any other Institution. 4. Learned counsel for the petitioner submits that though the re-examination was offered, student has not appeared for the examination. However, the petitioner - Institution issued the school transfer certificate on 22.07.2026. In addition, learned counsel for the petitioner points out from the order passed by the Hon'ble Division Bench, whereby, the statement of respondent Nos.5 and 6 herein that ‘they would withdraw all the complaints made before various authorities and undertakes not to agitate by filing complaints on this issue hereafter’ has been recorded. In light of the same, learned counsel for the petitioner submits that the dispute between the petitioner - Institution and respondent Nos. 5 and 6 is no longer subsist and the proceedings, if any, initiated before respondent No.2 would be of no relevance and seeks for disposal of the writ petition. - 5 - HC-KAR CNR: KAHC010696592025 NC: 2026:KHC:48215 WP No. 32246 of 2025 5. On hearing the learned counsel for the petitioner - Institution, it is seen from the writ petition records as well as documents produced along with memo that the dispute between the petitioner – Institution and respondent Nos.5 and 6 is with regard to the admission of respondent No.6 in the petitioner - Institution under the RTE quota. 6. Learned counsel for respondent Nos.5 and 6 submits that he has no further instructions from the said respondents. The said submission is taken on record. 7. Now in the light of issuance of transfer certificate of respondent No.6, the grievance sought to be agitated before respondent No.2 against the petitioner pursuant to the complaint filed by respondent Nos.5 and 6, will have to be set at naught. 8. Accordingly, the following: ORDER (i) Writ Petition is allowed. (ii) The summons dated 04.10.2025 in Case No.Karamaharaa No.0253/10/2025 at Annexure-A, the notice - 6 - HC-KAR CNR: KAHC010696592025 NC: 2026:KHC:48215 WP No. 32246 of 2025 dated 21.08.2025 bearing No.Karamaharaa/144/07/2025/685 at Annexure-A1 and the summons dated 07.08.2023 in Case No.Karamaharaa No.0136/07/2023-24/790 at Annexure-A2 passed by respondent No.2, are hereby quashed. No order as to costs. Sd/- (T.P.VIVEKANANDA) JUDGE BGN List No.: 1 Sl No.: 24