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2026 DAILYLAW 39556 (KAR)

ROOPESH P v. STATE OF KARNATAKA

WP/12706/2025 · 2026-09-09

Anu Sivaraman, T P Vivekananda

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010277042025 NC: 2026:KHC:49023-DB WP No. 12706 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION NO.12706 OF 2025 (EDN-RES) BETWEEN: ROOPESH P S/O LATE C. PRABHAKAR, AGED ABOUT 27 YEARS, MANAGING TRUSTEE, JANATHA TRUST, RESIDING AT NO.612, BANASHANKARI 6TH STAGE, 2ND BLOCK, KARIYANPALYA, BENGALURU-560 098 AADHAAR NO:3685 8198 6092 PAN NO.:BXSPR2767M MOBILE: +91 7795658640 EMAIL: roopeshprabhu3@gmail.com …PETITIONER (BY SRI. SHASHANK S, ADVOCATE [VC]) AND: 1. STATE OF KARNATAKA THROUGH ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, (UNIVERSITY-I) M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560 001, PHONE-:080-22252437 OR 22032494 EMAIL:prshigh-edu@karnataka.gov.in Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010277042025 NC: 2026:KHC:49023-DB WP No. 12706 of 2025 2. STATE OF KARNATAKA, THROUGH ITS PRINCIPAL SECRETARY, DEPARTMENT OF PRE-UNIVERSITY EDUCATION, 6TH FLOOR, M.S. BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE 560 001. 3. STATE OF KARNATAKA, THROUGH ITS PRINCIPAL SECRETARY, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, VIKAS SOUDHA, BANGALORE-560 001. 4. NATIONAL COUNCIL FOR TEACHERS EDUCATION (NCTE), REPRESENTED BY ITS REGIONAL DIRECTOR, SOUTH REGIONAL COMMITTEE, G-7, SECTOR-10, DWARKA, NEW DELHI-110 075. PHONE:011-20893263 OR 43152359 E-MAIL: src@ncte-india.org 5. RAICHUR UNIVERSITY REPRESENTED BY ITS REGISTRAR, KRISHNA TUNGA CAMPUS, YERAGERA, RAICHUR-584 133. MOBILE: 99725 89798 EMAIL: REGISTRARRUR@GMAIL.COM 6. NANDINI COLLEGE OF EDUCATION, RAICHUR, REPRESENTED BY ITS CHAIRMAN, DR. MAHALINGA, RAMPUR, UAS CAMPUS, BEHIND AGRICULTURAL UNIVERSITY GATE, RAICHUR-584 101. MOBILE:+91 93427 10474 EMAIL: PRINCIPAL.NNMET2015@GMAIL.COM - 3 - HC-KAR CNR: KAHC010277042025 NC: 2026:KHC:49023-DB WP No. 12706 of 2025 7. DR. NARASIMULU NANDINI MEMORIAL EDUCATION TRUST, THROUGH ITS MANAGING TRUSTEE DR. MAHALINGA, S/O LATE B.S. BALAPPA, AGED ABOUT 70 YEARS, R/AT H.NO. 1-7-7, NEAR GOAL MARKET, STATION ROAD, RAICHUR-584 101. MOBILE:+91 93427 10474 EMAIL- PRINCIPAL.NNMET2015@GMAIL.COM 8. DR. B. MAHALINGA, MANAGING TRUSTEE, DR. NARASIMULU NANDINI MEMORIAL EDUCATION TRUST, S/O LATE BALAPPA, AGED ABOUT 70 YEARS, R/AT- H.NO. 1-7-7, NEAR GOAL MARKET, STATION ROAD, RAICHUR-584 101. MOBILE: +91 93427 10474 EMAIL: PRINCIPAL.NNMET2015@GMAIL.COM 9. DR. VIJAYAKUMAR S. KATTIMANI, PRINCIPAL, NANDINI COLLEGE OF EDUCATION, RAMPUR, UAS CAMPUS, BEHIND AGRICULTURAL UNIVERSITY GATE, RAICHUR-584 101. MOBILE:+91 94496 61840 EMAIL: VSKATTIMANI@REDIFFMAIL.COM 10. DR. B. VIJAY RAJENDRA, LECTURER AT NANDINI COLLEGE OF EDUCATION, RAMPUR, UAS CAMPUS, BEHIND AGRICULTURAL UNIVERSITY GATE, RAICHUR-584 101 MOBILE:+91 94489 10541 EMAIL: b.vijayrajendra1983@gmail.com 11. DR. B. VIRUPAKSHI, TRUSTEE, DR. NARASIMULU NANDINI MEMORIAL - 4 - HC-KAR CNR: KAHC010277042025 NC: 2026:KHC:49023-DB WP No. 12706 of 2025 EDUCATION TRUST, S/O LATE BALAPPA, AGED ABOUT 83 YEARS, R/AT- H.NO. 1-7-7, NEAR GOAL MARKET, STATION ROAD, RAICHUR-584 101. MOBILE:+91 87621 79746 12. DR. SHASHIKALA, TRUSTEE, DR. NARASIMULU NANDINI MEMORIAL EDUCATION TRUST, W/O DR. B. MAHALINGA, AGED ABOUT 68 YEARS, R/AT- H.NO. 1-7-7, NEAR GOAL MARKET, STATION ROAD, RAICHUR-584 101. 13. SMT. REKHA, TRUSTEE, DR. NARASIMULU NANDINI MEMORIAL EDUCATION TRUST, W/O DR. B. VIRUPAKSHI, AGED ABOUT 66 YEARS, R/AT- H.NO.1-7-7, NEAR GOAL MARKET, STATION ROAD, RAICHUR-584 101. 14. DR. K.S. RAJ KUMARI, TRUSTEE, DR. NARASIMULU NANDINI MEMORIAL EDUCATION TRUST, W/O LATE DR. B. NARASIMALU, AGED ABOUT 68 YEARS, R/AT- H.NO. 1-7-7, NEAR GOAL MARKET, STATION ROAD, RAICHUR-584 101. 15. SMT. KALAVATHI, TRUSTEE, DR. NARASIMULU NANDINI MEMORIAL EDUCATION TRUST, W/O LATE B. PAMPAPATHI, AGED ABOUT 63 YEARS, - 5 - HC-KAR CNR: KAHC010277042025 NC: 2026:KHC:49023-DB WP No. 12706 of 2025 R/AT- H.NO. 1-7-7, NEAR GOAL MARKET, STATION ROAD, RAICHUR-584 101. …RESPONDENTS (BY SRI. S.R. KHAMROZ KHAN, AGA FOR R1 TO R3; R4 AND R9 ARE SERVED AND UNREPRESENTED; SRI. MALLAIAH M.R, ADVOCATE FOR R5; SRI. RAVINDRA D.K, ADVOCATE FOR R6 TO R8 & R10 TO R15) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND DIRECTING THE NATIONAL COUNCIL FOR TEACHER EDUCATION (RESPONDENT No. 4) TO INITIATE APPROPRIATE LEGAL PROCEEDINGS AGAINST RESPONDENTS No.6 TO 15 FOR FRAUDULENT MISREPRESENTATION AND ILLEGAL OPERATION OF UNRECOGNIZED TEACHER EDUCATION INSTITUTIONS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE T.P.VIVEKANANDA - 6 - HC-KAR CNR: KAHC010277042025 NC: 2026:KHC:49023-DB WP No. 12706 of 2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This writ petition is filed as a Public Interest Litigation seeking the following reliefs: “Wherefore, in light of the foregoing, the Petitioner humbly prays that this Hon'ble Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction - A. Directing the National Council for Teacher Education (Respondent No.4) to initiate appropriate legal proceedings against Respondents No.6 to 15 for fraudulent misrepresentation and illegal operation of unrecognized teacher education institutions, B. Directing Raichur University (Respondent No.5) to immediately cancel the affiliation granted to Nandini College of Education (Respondent No.6) for B.Ed and D.Ed. courses, in light of the withdrawal of recognition by the NCTE; C. Directing the State of Karnataka's Department of Pre-University Education (Respondent No.2) to withdraw affiliation/recognition granted to Nandini PU College, also functioning on land under litigation, D. Directing the State of Karnataka's Department of Primary and Secondary Education (Respondent No.3) to withdraw affiliation/recognition granted to Nandini Primary and High School, operated unlawfully on land under dispute; E. Directing the Raichur University (Respondent No.5) to issue a public notice warning prospective - 7 - HC-KAR CNR: KAHC010277042025 NC: 2026:KHC:49023-DB WP No. 12706 of 2025 and current students that Nandini College of Education's affiliation is invalid, and that degrees issued during the period of non-recognition may not be considered valid; F. Directing the NCTE (Respondent No.4) and Raichur University (Respondent No.5) to conduct a thorough inquiry into all degrees issued by Nandini College of Education after the withdrawal of recognition and to take appropriate steps in accordance with law; G. Directing Respondents No.6, 7 and 8 to refund all fees collected from students admitted post- withdrawal of recognition and to compensate them for academic and financial loss caused, H. Direct the Karnataka State Police or Central Bureau of Investigation (CBI) to initiate a criminal investigation into the acts of fraudulent misrepresentation, illegal admissions and collection of capitation fees by Respondents No.6, 7 and 8; and Pass such other or further Orders as this Hon'ble Court may deem fit and proper in the interests of justice and equity.” 2. We have heard the learned counsel appearing for the petitioner, learned Government Advocate appearing for respondent Nos.1 to 3 as well as learned counsel appearing for the contesting respondent No.6 in the matter. - 8 - HC-KAR CNR: KAHC010277042025 NC: 2026:KHC:49023-DB WP No. 12706 of 2025 3. Learned counsel for the petitioner submits that the National Council for Teachers Education (hereinafter referred to as ‘NCTE’ for short) has issued an order of withdrawal of recognition in respect of D.Ed. course offered by respondent No.6 on 20.02.2023 and the same has been published in the Gazette. It is submitted that the petitioner has submitted representations before respondent No.2-University highlighting the withdrawal of the recognition as well as legality of the affiliation by the University. It is submitted that, though follow up representations have been submitted before the University, the Block Education Officer, Deputy Director of Public Instructions as well as the NCTE, the representations have not evoked proper response. 4. It is contended that respondent No.6 continues to function admitting students in the courses, for which, recognition stands withdrawn and it is further contended that respondent No.7 is operating Additional Educational - 9 - HC-KAR CNR: KAHC010277042025 NC: 2026:KHC:49023-DB WP No. 12706 of 2025 Institution on land that belongs to the Janatha Trust, which is under the Managing Trusteeship of the writ petitioner herein. It is stated that there are ongoing civil litigations i.e., O.S.No.287/2015 and O.S.No.263/2021 pending before the Court of I Additional Civil Judge at Raichur and O.S.No.4/2025 pending before the Principal District and Sessions Judge at Raichur. It is submitted that the conduct of the unrecognized courses by respondent No.6 amounts to an offence and that inaction on the part of the official respondents is, therefore illegal and unsustainable. 5. Statement of objections has been placed on record by respondent Nos.6 to 8 and 10 to 15, wherein it is specifically stated that there are civil cases pending between the writ petitioner and respondent Nos.7, 8, 11, 12, 13, 14 and 15 in the Raichur Court and the details of the said cases are provided in the statement of objections. Further it is submitted that the order of the NCTE, which is relied on by the petitioner has been called into question - 10 - HC-KAR CNR: KAHC010277042025 NC: 2026:KHC:49023-DB WP No. 12706 of 2025 before the Kalaburgi Bench of this Court in W.P.No.201522/2025 and there is an interim order passed on 05.06.2025, which is produced as Annexure-R19. 6. Learned counsel for the petitioner would submit that the petitioner is not a party to the said writ petition. However, having considered the contentions advanced, we are of the opinion that a Public Interest Litigation for the prayers as sought for is not sustainable in view of the fact that the order, which is relied on by the writ petitioner is under challenge in a writ petition before the Kalaburgi Bench of this Court and the same is pending adjudication. 7. Further we notice that, in view of the fact that there are civil litigations pending between the writ petitioner and private respondents herein, this would not be a fit case to entertain a Public Interest Litigation. However, we leave open all the contentions of the writ petitioner and all his legal remedies to take appropriate steps in accordance with law. - 11 - HC-KAR CNR: KAHC010277042025 NC: 2026:KHC:49023-DB WP No. 12706 of 2025 8. The Public Interest Litigation is, accordingly, dismissed without prejudice to the contentions of the parties. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (T.P.VIVEKANANDA) JUDGE PB List No.: 1 Sl No.: 20