- 1 - HC-KAR NC: 2026:KHC:883 WP No. 13264 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 13264 OF 2023 (EDN-RES) BETWEEN: SHRI SODE VADARAJA MUTT EDUCATION TRUST ® BHOOVARAHA COMPLEX, CAR STREET, UDUPI-576101 REP. BY ITS SECRETARY, RATHNA KUMAR, S/O SRI. KRISHNA SHIVATTHAYA, AGED 63 YEARS, R/AT PRUTHVI, VOLAKADU, UDUPI-576101 …PETITIONER (BY SRI. PRASANNA V R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, M.S.BUILDING, DR.B.R. AMBEDKAR ROAD, BENGALURU-560001. 2. THE DIRECTOR (PRIMARY EDUCATION) CUM APPELLATE AUTHORITY, COMMISSIONER’S OFFICE, DEPARTMENT OF PUBLIC INSTRUCTION, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:883 WP No. 13264 of 2023 NRUPATHUNGA ROAD, BENGALURU-560002 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DEPARTMENT OF EDUCATION, RAJATHADRI C BLOCK, MANIPAL, UDUPI DISTRICT-576104 4. THE BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTIONS, UDUPI DISTRICT-576101. …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 ORDER DTD 25.5.2023 IN APPEAL NO.3/2022-23 PASSED BY THE 2ND RESPONDENT DIRECTOR OF PRIMARY EDUCATION CUM APPELLATE AUTHORITY, VIDE ANNX-A AND OFFICIAL MEMORANDUM DTD 11.3.2022 IN NO.G2/HO.SHA.NO.ANU.KU/304389/01/2021-22 ISSUED BY THE 3RD RESPONDENT DEPUTY DIRECTOR OF PUBLIC INSTRUCTION VIDE ANNX-A-1 RESPECTIVELY. DIRECT THE R-1 TO 3 TO REGISTER THE INSTITUTION VIX., KADIYALI ENGLISH MEDIUM PRIMARY SCHOOL RUN BY THE PETITIONER TRUST BY RE-CONSIDERING THE ONLINE APPLICATION DTD 21.2.2019 AND REPRESENTATION DTD 2.3.2022 VIDE ANNX-B AND C RESPECTIVELY. 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:883 WP No. 13264 of 2023 ORAL ORDER The petitioner filed this writ petition seeking the following reliefs: (i) Writ of Certiorari, quashing the Order dated.25.05.2023 in Appeal No.3/2022-23 passed by the 2nd Respondent Director of Primary Education cum Appellate Authority, vide Annexure-A and Official Memorandum dated.11.03.2022 in No.G2/Ho.Sha.No.Anu.Ku/ 304389/01/2021-22 issued by the 3rd Respondent- Deputy Director of Public Instructions vide Annexure-A-1 respectively, (ii) Writ of Mandamus, directing the Respondent No.1 to 3 to register the Institution viz., 'Kadiyali English Medium Primary School' run by the Petitioner Trust by re-considering the Online Application dated.21.02.2019 and Representation dated.02.03.2022, vide Annexure-B and C respectively. (iii) Any other Writ or direction as this Hon'ble Court deems fit, to meet the ends of Justice. 2. Brief facts leading rise to the filing of this petition are as follows: - 4 - HC-KAR NC: 2026:KHC:883 WP No. 13264 of 2023 2.1. The petitioner submitted an online application on 21.02.2019 seeking registration and permission to run an English Medium Primary School as the strength of the students in Kannada Medium is drastically reduced. The said application is rejected by the respondents. The petitioner, aggrieved by the order of rejection, filed a writ petition in WP No.7454/2022, which was disposed of on 29.10.2022 with liberty to file an appeal by extending the interim order earlier granted. Pursuant to the liberty reserved by this Court in the aforesaid writ petition, the petitioner filed an appeal in Appeal No.3/2022-23 before respondent No.2. Respondent No.2 dismissed the appeal filed by the petitioner vide order dated 25.05.2023. Hence, this writ petition. 3. Learned counsel for the petitioner submits that, during the pendency of this writ petition, the petitioner has submitted another online application for registration and permission to run English Medium Primary School. The said application was rejected by the respondents vide - 5 - HC-KAR NC: 2026:KHC:883 WP No. 13264 of 2023 order dated 11.03.2024 and the appeal is filed. He submits that, the said appeal came to be disposed of. 4. In view of the subsequent order passed by the respondents, this petition does not survive for consideration, and the same is accordingly, disposed of reserving a liberty to the petitioner to challenge the subsequent order, if so desired. 5. Meanwhile, the respondents are directed not to take any coercive steps for a period of 1 month from today. 6. In view of disposal of the petition, pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 25