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2026 DAILYLAW 50150 (KAR)

M/S SHARATH MEMORIAL PUBLIC SCHOOL v. STATE OF KARNATAKA

WP/26813/2025 · 2026-01-07

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:892 WP No. 26813 of 2025 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. 26813 OF 2025 (EDN-RES) BETWEEN: M/S SHARATH MEMORIAL PUBLIC SCHOOL MAGADI ROAD, IJOOR, RAMANAGARAM TOWN, RAMANAGARAM - 562159 REPRESENTED BY ITS SECRETARY SMT. RAJESHWARI N 47 YEARS W/O SRI ADINARAYANA REDDY B …PETITIONER (BY SRI. NAGARAJU., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF SCHOOL EDUCATION, REPRESENTED BY THE PRINCIPAL SECRETARY M.S BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560001. 2. COMMISSIONER OF PUBLIC INSTRUCTION DEPARTMENT OF SCHOOL EDUCATION NEW PUBLIC OFFICE NEAR RBI, NRUPATHUNGA ROAD AMBEDKAR VEEDHI SAMPANGI RAMANAGARA Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:892 WP No. 26813 of 2025 BENGALURU – 560 001 KARNATAKA 3. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (DDPI) BM ROAD VIJAYANAGAR RAMANAGARA – 562 156 4. BLOCK EDUCATION OFFICER (BEO) EDUCATION DEPARTMENT RAMANAGARA TALUK RAMANAGARA – 562 156 BENGALURU SOUTH DISTRICT KARNATAKA …RESPONDENTS (BY SRI. MANJUNATH K, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT/ORDER QUASHING THE IMPUGNED FINAL SHOW CAUSE NOTICE NO.A4/KHA.A.RA. UNAUTHORIZED SCHOOLS/06/2025-26 DATED 22/23.07.2025 (ANNEXURE O) ISSUED BY RESPONDENT NO.4/BLOCK EDUCATION OFFICE. (B) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO PERMIT THE PETITIONER TO CONTINUE THE STATE CURRICULUM CLASSES FOR EXISTING 6TH AND 10TH STANDARD TILL COMPLETION OF THE ACADEMIC CYCLE, WITHOUT BLOCKING U-DISE CODE OR OUTING SATS DATA. (C) PASS AN INTERIM ORDER STAYING THE OPERATION OF THE NOTICE IMPUGNED SHOW CAUSE NOTICES DATED 18.07.2025 AND 22.07.2025, AND PERMITTING THE PETITIONER TO CONTINUE THE STATE CURRICULUM CLASSES FOR ONGOING BATCHES PENDING DISPOSAL OF THIS WRIT PETITION (D) THE PETITIONERS INSTITUTIONS IS HAVING ALL THE FACILITIES AND AMENITIES AND ABLE TO RUN THE INSTITUTIONS SEPARATELY WITH SEPARATE PREMISES AND INFRASTRUCTURE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:892 WP No. 26813 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition challenging the final show-cause notice dated 22/23.07.2025 vide Annexure-O issued by respondent No.4. 2. Admittedly, the petitioner has challenged only a show-cause notice. The Hon’ble Apex Court in the case of Commissioner of Central Excise, Haldia Vs. Krishna Wax Private Limited1, held that, the writ petition should normally not be entertained against mere issuance of show-cause notice. In view of the law laid by the Hon’ble Apex Court in the case of Krishna Wax Private Limited (supra), the writ petition challenging mere show-cause notice is not maintainable. 3. In the present case, the petitioner has challenged the final show-cause notice dated 22/23.07.2025 at Annexure-O without submitting any 1 2019 SCC OnLine SC 1470 - 4 - HC-KAR NC: 2026:KHC:892 WP No. 26813 of 2025 reply to the show-cause notice. Hence, the writ petition filed by the petitioner is not maintainable. 4. Accordingly, I proceed to pass the following: ORDER i. The writ petition is disposed of; ii. A liberty is reserved to the petitioner to file a reply to the show-cause notice within 15 days from today, and thereafter, respondent No.4 is directed to consider the reply, and to pass an appropriate order within 15 days from the date of receipt of the reply; iii. Meanwhile, the respondents are directed not to take any coercive steps against the petitioner till passing of an order; iv. Pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 14