- 1 - HC-KAR NC: 2026:KHC:3444 WP No. 9907 of 2023 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. 9907 OF 2023 (EDN-RES) BETWEEN: NALANDA VEEDYA PEETHA NO.76, SWARNA SANDRA MANDYA REPRESENTED BY ITS SECRETARY, P RAMAKRISHNA S/O M RAMANNA AGED 52 YEARS, (REGISTERED UNDER INDIAN TRUSTS ACT 1882) …PETITIONER (BY SRI. DEVI PRASAD SHETTY., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF EDUCATION, M.S BUILDING BENGALURU 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3444 WP No. 9907 of 2023 2. PUBLIC EDUCATION DEPARTMENT NRUPATHUNGA ROAD, BENGALURU 560001 REPRESENTED BY ITS COMMISSIONER 3. DEPUTY DIRECTOR (ADMINISTRATION) PUBLIC EDUCATION DEPARTMENT, MANDYA 571 401 MANDYA DISTRICT 4. BLOCK EDUCATION OFFICER (BEO) MADDUR TALUK 571 428 MADDUR …RESPONDENTS (BY SRI. MANJUNATH K., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE RESPONDENT NO. 3 DATED. 3.4.23 IN NO. J3.609. STALANTARA 66/2020-21/136 PRODUCED AT ANNEXURE-H. DIRECTING THE RESP.2 AND 4 TO CONSIDER THE APPLICATION FOR GRANT OF PERMISSION FOR SHIFTING OF THE SCHOOL LOCATION TO A NEW OWN BUILDING VIDE ANNEXURE-G DATED 17.5.2018 AND ANNEXURE-J DATED. 20.4.23. - 3 - HC-KAR NC: 2026:KHC:3444 WP No. 9907 of 2023 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 ORAL ORDER 1. The petitioner filed this writ petition seeking the following reliefs: Issue a writ in the nature of certiorari or any other appropriate writ or order quashing the order passed by the respondent Nо. 3 dated 03/04/2023 J3:609:STALANTARA 66/2020-21/136 produced at Annexure H. a) Issue a writ in the nature of mandamus directing the respondent no 2 and 4 to consider the application for grant of permission for shifting of the school location to a new own building vide Annexure G dated 17/05/2018 and Annexure J dated 20/04/2023. b) Pass any such other appropriate order that deems fit under the circumstances of the case, in the interest of justice. 2. Brief facts, leading rise to the filing of this writ petition are as follows: 3. The petitioner trust is running a school and was functioning in the premises situated at Door - 4 - HC-KAR NC: 2026:KHC:3444 WP No. 9907 of 2023 No.D1/397, 6th cross, Leelavathi Extension, Maddur Taluk, Mandya District from 2004. The petitioner trust is running a school from class 1 to class 10. The petitioner trust applied for permission to run a school from higher class over a period of time and the permission was granted by the respondent authorities. The petitioner applied for the shifting of the building to the present premises, wherein the school is being run in its own building. The petitioner trust had to shift the school building in its own building at Door No.395, 6th cross, Leelavathi Extension, Maddur- Malavalli road, Maddur. There are about 400 students presently studying in the school from class 1 to class 10. The said application was kept pending before respondent No.4. Further, Respondent No.3 passed an impugned order canceling the registration/permission granted to the petitioner trust. Hence, this writ petition. - 5 - HC-KAR NC: 2026:KHC:3444 WP No. 9907 of 2023 4. Learned counsel for the respondents - State filed statement of objections contending that the petitioner shifted the school without obtaining necessary permission from the State as required under Section 41 (5) of the Karnataka Education Act, 1983. Thus, there is clear violation of mandatory provisions of Karnataka Education Act, 1983. Hence, respondent No.3 has rightly passed the impugned order. Hence, prays to dismiss the writ petition. 5. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondents- State. 6. Learned counsel for the petitioner submits that the petitioner has submitted an application for shifting the school to its own premises. The petitioner has submitted all the relevant documents and he submits that respondent No.3 has granted permission for shifting the school for class 9th and 10th, and he submits that he has produced the orders passed by - 6 - HC-KAR NC: 2026:KHC:3444 WP No. 9907 of 2023 respondent No.3 vide ‘F’ series. He submits that when respondent No.3 has already granted a permission for shifting class 9th and 10th , Respondent No.3 could have granted permission to the petitioner to shift the class 1 to 8 since the petitioner has produced all the records. The said aspect was not considered by respondent No.3 and passed the impugned order. Hence, on these grounds, prays to allow the writ petition. 7. Per contra, learned High Court Government Pleader supported the impugned order and submits that the petitioner has not submitted the relevant documents. He submits that the petitioner has not made any fresh representation to respondent No.3 for shifting the school. He submits that, if a fresh representation is made by the petitioner, respondent No.3 would consider the representation, and would pass the appropriate order. Hence, prays to dispose of the writ petition. - 7 - HC-KAR NC: 2026:KHC:3444 WP No. 9907 of 2023 8. Perused the records, and considered the submissions of the learned counsel for the parties. 9. It is an undisputed fact that the petitioner trust is running a school since from 2004 in the premises situated at Door No.D1/397, 6th cross, Leelavathi extension, Malavalli taluk, Mandya. The petitioner trust has its own building at Door No.395, 6th cross, Leelavathi extension, Maddur-Mallavalli, Mandya District and there are about 400 students presently studying in the school from class 1 to class 10. 10. The petitioner submitted an application seeking permission to shift the school from old building to the new building owned by the petitioner trust. The petitioner has submits that it has produced all the relevant documents. The said aspect was not properly considered by respondent No.3. The petitioner has produced the documents to show that respondent No.3 has granted permission to shift the school from class 9th and 10th i.e., the petitioner has - 8 - HC-KAR NC: 2026:KHC:3444 WP No. 9907 of 2023 produced ‘F’ series. If at all, the petitioner has not produced all the relevant documents, respondent No.3 could not have passed the order for shifting the school for class 9th and 10th i.e., could not have passed the orders at ‘F’ series. However, respondent No.3 has already passed the order for shifting class 9th and 10th to the new building owned by the petitioner. If at all, the petitioner has not produced relevant documents, respondent No.3 could have directed the petitioner to submit the records. Respondent No.3 without providing an opportunity to the petitioner to file the relevant documents has passed the impugned order. Further, respondent No.3 before passing the impugned order has not provided sufficient opportunity to the petitioner. 11. Thus, the impugned order vide Annexure-H passed by respondent No.3 is in violation of principles of natural justice. Hence, on this ground alone, the impugned order is liable to be set aside. - 9 - HC-KAR NC: 2026:KHC:3444 WP No. 9907 of 2023 12. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order vide Annexure –H is hereby quashed. iii. A liberty is reserved to the petitioner to submit a fresh application. iv. Respondent Nos.2 to 4 are directed to consider the applications and while considering the applications also, the respondents are directed to take ‘F’ series into consideration, and to pass the appropriate order in accordance with law within one month from the date of receipt of a copy of this order. - 10 - HC-KAR NC: 2026:KHC:3444 WP No. 9907 of 2023 v. Pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV