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2026 DAILYLAW 47981 (KAR)

M/S SADVIDYA ACADEMY FOR CREATIVE LEARNING v. STATE OF KARNATAKA

WP/12679/2023 · 2026-01-21

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3446 WP No. 12679 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. 12679 OF 2023 (EDN-RES) BETWEEN: M/S SADVIDYA ACADEMY FOR CREATIVE LEARNING, RECOGNIZED BY GOVT. OF KARNATAKA, A EDUCATIONAL INSTITUTION RUN BY K NANJAIAH MEMORIAL EDUCATION TRUST ® SHASHI COMPLEX, NALLIGUDDE TANK ROAD, BIDADI, RAMANAGARA - 562 109 REPRESENTED BY ITS SECRETARY K.N. NANDISH …PETITIONER (BY SMT/MISS LAKSHMI DEVI K., ADVOCATE FOR SRI. RAJESHA SHETTIGARA., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF EDUCATION VIDHANA SOUDHA Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3446 WP No. 12679 of 2023 DR. AMBEDKAR VEEDHI BANGALORE 560 001, REPRESENTED BY ITS SECRETARY 2. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BANGALORE - 560 001 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (DDPI), PANCHAYATHA BHAVANA, RAMANAGARA TALUK, RAMANAGARA DISTRICT - 562 159 4. THE BLOCK EDUCATION OFFICER RAMANAGARA TALUK, RAMANAGARA DISTRICT - 562 159 …RESPONDENTS (BY SRI. MANJUNATH K, HCGP FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER/ ENDORSEMENT DTD 03/06/2023 BEARING NO. ANU.2/KHA.A.RA.SHALE.DOORU 78/2022-23/543/23/24 ISSUED BY THE R-3 TO THE PETITIONER FOR CANCELLATION OF REGISTRATION AND WITHDRAWAL OF RECOGNITION OF PETITIONERS INSTITUTION VIDE ANNEXURE-A. - 3 - HC-KAR NC: 2026:KHC:3446 WP No. 12679 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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: i) Issue writ of certiorari to quash the impugned order/endorsement dated 03/06/2023 bearing No. Anu.2/Kha.A.Ra.Shale.Dooru 78/2022- 23/543/23/24 issued by the third respondent to the petitioner for cancellation of registration and withdrawal of recognition of petitioner's institution vide ANNEXURE-A. ii) Issue any other writ or order or direction that deems fit to grant in the circumstances of the case in the interest of justice and equity. 2. Brief facts leading rise to the filing of this writ petition are as follows: 3. The respondents permitted the petitioner and granted recognition to start pre-primary school without grant from the Government on 23.07.2014. The respondents permitted the petitioner and - 4 - HC-KAR NC: 2026:KHC:3446 WP No. 12679 of 2023 granted recognition to start class I to class V on 19.03.2016. The respondents renewed the recognition of the petitioner institution for the academic year 2019-20 to 2023-24. Respondent No.3 issued a notice to the petitioner on 03.01.2023 calling upon the petitioner to submit the relevant documents regarding fulfilment of conditions. The petitioner gave a suitable reply to the notice issued by respondent No.3 on 23.01.2023. The petitioner issued a letter to respondent No.3 requesting to continue the recognition for the academic year 2023- 24. Respondent No.3 has passed the impugned order in which respondent No.3 has cancelled the registration and withdraw the recognition of education institution of the petitioner under Sections 34 and 39 of the Karnataka Education Act, 1983. The petitioner, aggrieved by the impugned order dated 03.06.2023, filed this writ petition. - 5 - HC-KAR NC: 2026:KHC:3446 WP No. 12679 of 2023 4. The State has filed a statement of objections contending that the school is not under the norms. Hence, respondent No.3 has rightly cancelled the registration and withdrawn the recognition of the education institution of the petitioner under Sections 34 and 39 of the Karnataka Education Act, 1983. Hence, prays to dismiss the writ petition. 5. Heard learned counsel Smt/Miss. Lakshmi Devi K., for Sri. Rajesh Shettigara, learned counsel the petitioner and Sri. Manjunath K., learned High Court Government Pleader for respondent Nos.1 to 4. 6. The learned counsel for the petitioner Smt/Miss. Lakshmi Devi K, submits that respondent No.3 before passing the impugned order, provided no sufficient opportunity to the petitioner to put forth the case and hence, the order passed by respondent No.3 is in violation of principles of natural justice. Hence, on these grounds, she prays to allow the writ petition. - 6 - HC-KAR NC: 2026:KHC:3446 WP No. 12679 of 2023 7. Per contra, learned High Court Government Pleader submits that the impugned order passed by respondent No.3 is in accordance with Sections 34 and 39 of the Karnataka Education Act, 1983. Hence, prays to dismiss the writ petition. 8. Perused the records, and considered the submissions of the learned counsel for the parties. 9. It is an undisputed fact that the petitioner has obtained necessary permission from the concerned authorities and started to run a school from class -I to class-V, and later on the petitioner submitted an application for renewal of recognition for the academic year 2023-24. Respondent No.3 issued a notice to the petitioner calling upon the petitioner to submit the relevant documents. The petitioner replied to the notice and submitted the records. Further, respondent No.3 passed the impugned order canceling the registration and withdrawal of - 7 - HC-KAR NC: 2026:KHC:3446 WP No. 12679 of 2023 recognition of petitioner’s institution vide Annexure-A. 10. From the perusal of impugned order vide Annexure- A, respondent No.3 has not given opportunity of personal hearing to the petitioner and also not considered the reply, and documents produced by the petitioner. Hence, the impugned order vide Annexure-A is liable to be set aside. Admittedly, the petitioner has filed an application for the renewal of academic year 2023-24. The impugned order passed by respondent No.3 is for the academic year 2023- 24. As the academic year has already been completed, in view of the same, nothing survives for consideration in this petition. 11. Accordingly, I proceed to pass the following order: ORDER i. The writ petition is disposed of as having rendered infructuous. - 8 - HC-KAR NC: 2026:KHC:3446 WP No. 12679 of 2023 ii. A liberty is reserved to the petitioner to make a fresh application in accordance with law and thereafter, respondent No.3 is directed to consider and to pass the appropriate order in accordance with law. iii. Pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV