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2026 DAILYLAW 45866 (KAR)

CHAUSON EDUCATION SOCIETY v. NATIONAL COUNCIL FOR TEACHER EDUCATION

WP/1094/2022 · 2026-01-21

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3498 WP No. 1094 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 1094 OF 2022 (EDN-REG) BETWEEN: 1. CHAUSON EDUCATION SOCIETY (SOCIETY REGISTERED UNDER THE SOCIETY REGISTRATION ACT, 1960) HAVING REGISTERED OFFICE AT NO.14 MLA LAYOUT, RMV IIND STAGE 4TH BLOCK, NEW BEL ROAD BANGALORE-560094 REPRESENTED BY ITS SECRETARY SMT SHAKUNTALA CHUGULE AGED ABOUT 60 YEARS R/AT NO.14, MLA LAYOUT, RMV IIND STAGE 4TH BLOCK, NEW BEL ROAD BANGALORE-560094. 2. CHAUSON COLLEGE OF EDUCATION AN INSTITUTION OF CHAUSON EDUCATION SOCIETY CHAUGULE HILLS, CHIKODI-NIPANI ROAD CHIKKODI BELAGAVI DISTRICT. REPRESENTED BY ITS PRESIDENT MR. SURENDRANATH CHAUGULE AGED ABOUT 40 YEARS R/AT NO.14 MLA LAYOUT, RMV IIND STAGE 4TH BLOCK, NEW BEL ROAD BANGALORE-560094. …PETITIONERS (BY SRI. BELLE R., ADVOCATE) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3498 WP No. 1094 of 2022 AND: 1. NATIONAL COUNCIL FOR TEACHER EDUCATION REPRESENTED BY REGIONAL DIRECTOR SOUTHERN REGIONAL COMMITTEE OFFICE. G-7 SECTOR 10 (NEAR SECTOR-10 METRO STATION) DWARKA NEW DELHI-110075. 2. RANICHANNAMMA UNIVERSITY REPRESENTED BY THE REGISTRAR OFFICE-VIDYASANGAMA POONA-BENGALURU NATIONAL HIGH WAY 04 BELGAVI – 591156 …RESPONDENTS (BY SRI. VINOD KUMAR V., ADVOCATE FOR R1 SRI. M.V. VEDACHALA, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE FINAL SHOW CAUSE NOTICE DTD. 3.11.2021 ISSUED BY THE R-1 AT IMPUGNED ANNEXURE-A BY DECLARING IT TO BE NULL VOID AND INEFFECTIVE. QUASH AND SET ASIDE THE FINAL SHOW CAUSE NOTICE DTD. 25.9.2020 ISSUED BY THE R-1 AT IMPUGNED ANNEXURE-B BY DECLARING TO BE NULL VOID AND INEFFECTIVE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2026:KHC:3498 WP No. 1094 of 2022 ORAL ORDER 1. The petitioners have filed this writ petition seeking following reliefs: (i) “quash and set aside the final show cause notice dated 03.11.2021 issued by respondent No.1 at impugned Annexure- A by declaring it to be null void and ineffective. (ii) quash and set aside the final show cause notice dated 25.09.2020 issued by respondent No.1 at impugned Annexure- B by declaring to be null void and ineffective.” 2. The petitioners-Society is a Society registered under the Karnataka Societies Registration Act, imparting quality education in rural and backward areas for the benefit of increasing accessibility to education for the underprivileged, established by a group of visionaries and highly educated professionals belonging to Scheduled Caste community. - 4 - HC-KAR NC: 2026:KHC:3498 WP No. 1094 of 2022 3. Respondent No.1 issued a show cause notice 25.09.2020 to the petitioners. Further, the respondents passed a Resolution vide Annexure “ZE” in the minutes of 403rd Meeting of Southern Regional Committee (SRC) held on 18/19.10.2021 and the Committee decided to issue a final show cause notice under Section 17 of the National Council for Teacher Education Act, 1993, before withdrawal of the recognition on the grounds stated therein, to the Institution. 4. Pursuant to the meeting of SRC held on 18/19.10.2021, respondent No.1 issued a final show cause notice vide Annexure “A” dated 03.11.2021. The petitioners were required to submit the documents within 21 days from the date of issue of final show cause notice. However, the petitioners have not filed any reply. - 5 - HC-KAR NC: 2026:KHC:3498 WP No. 1094 of 2022 5. It is submitted that the SRC in its 405th meeting held on 13/14.12.2021 has decided to issue a show cause notice to withdraw the recognition as the petitioners have failed to produce the documents in compliance with the NCTE Regulations. The petitioners without filing a reply to the final show cause notice dated 03.11.2021 vide Annexure “A”, and notice dated 25.09.2020 at Annexure ‘B’, have filed this writ petition. 6. In view of the exposition of law laid down by the Hon’ble Apex Court in the case of Commissioner of Central Excise, Haldia vs. M/s. Krishna Wax Private Limited1, the writ petition filed by the petitioners challenging the show cause notice is not maintainable. 7. In view of the same, if a liberty is reserved to the petitioners to submit a reply to the final show cause 1 (2020) 12 SCC 572, [in Civil Appeal No.8609/2019, disposed of on 14.11.2019] - 6 - HC-KAR NC: 2026:KHC:3498 WP No. 1094 of 2022 notice, no injustice would be caused to the respondents. 8. In the result, I proceed to pass the following: ORDER (i) The writ petition is disposed of reserving liberty to the petitioners to submit a reply to the show cause notices dated 03.11.2021 and 25.09.2020 vide Annexures “A” and “B” respectively, within 15 days from the date of receipt of a copy of this order and thereafter, respondent No.1 is directed to consider the reply and to pass an appropriate order within one month from the date of receipt of the reply; - 7 - HC-KAR NC: 2026:KHC:3498 WP No. 1094 of 2022 (ii) Meanwhile, the respondents are directed not to take any coercive steps against the petitioners. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 23