- 1 - HC-KAR NC: 2026:KHC:6678 WP No. 27424 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 27424 OF 2023 (EDN-RES) BETWEEN: 1. MGM EDUCATION SOCIETY (R) 8TH CROSS, 2ND MAIN, S.S. PURAM, TUMKUR-572 102, REPRESENTED BY ITS SECRETARY. 2. PRESIDENT INDIRA EDUCATION SOCIETY (R) UPPARAHALLI, TUMKUR-572 102, REPRESENTED BY ITS SECRETARY. 3. KALIDASA VIDYAVARDHAKA SANGA UPPARAHALLI (R) TUMKUR-572 102, REPRESENTED BY ITS SECRETARY. 4. MYCEMCO COMPOSITE PRE-UNIVERSITY COLLEGE AMMASANDRA, TURUVEKERE TALUK, TUMKUR-572 102, REPRESENTED BY ITS SECRETARY. 5. SRI. KRISHNA VIDYA SAMSATHE (R) SADHARAHALLI GOLAHATTI AALURU POST, TURUVEKERE TALUK, TUMKUR-572 102, REPRESENTED BY ITS SECRETARY. Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6678 WP No. 27424 of 2023 6. SRI. VIDHYAVARDHAKA SAHAKARA SANGHA NIYAMITHA BANASANDRA, TURUVEKERE TALUK, TUMKUR-572 102, REPRESENTED BY ITS SECRETARY. 7. KANAKADAS VIDYA SAMASTE VASANTH NAGAR, ULIYAR, TUMKUR-572 102, REPRESENTED BY ITS SECRETARY. 8. SRI. SHARADA VIDYAPITHA SAMASTHE (R) HIMANAHALLI, TUMKUR-572 228, REPRESENTED BY ITS PRESIDENT. 9. MALLIKARJUNASWAMY VIDYA SAMASTHE (R) VIRAKAMATH KUPPURU-THAMADIHALLI, CHIKKANAYAKANALLI-572 119, REPRESENTED BY ITS PRESIDENT. 10. SRI. UMAPRAGATHI VIDYA SAMASTHE (R) SECRETARY, KATHYASANDRA, TUMKUR-572 102, REPRESENTED BY ITS SECRETARY. 11. SRI. MALLIKARJUN SWAMI VIDYA SAMASTHE SHRI. GAVIMATA, BETTADAHALLI, GUBBI TALUK, TUMKUR-572 102, REPRESENTED BY ITS SECRETARY. 12. SRI. VISHWABARATHI EDUCATION SOCIETY (R) MALLASANDRA-572 107, REPRESENTED BY ITS SECRETARY. - 3 - HC-KAR NC: 2026:KHC:6678 WP No. 27424 of 2023 13. VASAVI VIDYA PETHA CHIKAPETE, TUMKUR-572 107, REPRESENTED BY PRESIDENT. 14. M. T. EDUCARE CHARITABLE TRUST (R) 8TH CROSS, ASHOKANAGAR, TUMKUR-572 102, ARYAN FOUNDATION, REPRESENTED BY PRINCIPAL 15. SRI. BHAIRAVESHWAR VIDYA SAMASTHE (R) BHIMSANDRA, TUMKUR-572 102, REPRESENTED BY ITS SECRETARY. 16. JANATA EDUCATION SOCIETY (R) K. R. EXTENSION, TUMKUR-572 102, REPRESENTED BY ITS SECRETARY. 17. DR. B. R. AMBEDKAR MEMORIAL EDUCATIONAL INSTITUTION(S) MADHUGIRI, TUMKUR-572 132, REPRESENTED BY ITS SECRETARY. 18. ASHANIDHI EDUCATIONA INSTITUTION LINGAPURA, KORATAGERE, TUMKUR-572 102, REPRESENTED BY ITS SECRETARY. 19. VIDYARANYA VIDYA SAMASTHE (R) THOVANAKERE, TURUVEKERE, TUMKUR-572 102, REPRESENTED BY ITS SECRETARY. 20. HAVANUR VIDYA SAMASTE SHIRA-572 137, - 4 - HC-KAR NC: 2026:KHC:6678 WP No. 27424 of 2023 TUMKUR DISTRICT, REPRESENTED BY ITS PRESIDENT. 21. SRI. RANGANATH VIDYA SAMASTE KATAVERANAHALLI, TUMKUR-572 102, REPRESENTED BY ITS SECRETARY. 22. SREE MAHAVEERA INTEGRATED RURAL DEVELOPMENT SOCIETY 11TH CROSS, P.H. COLONY, TUMKUR-572 102, REPRESENTED BY ITS SECRETARY. 23. SRI. BOMMALINGESHWARA VIDYA SAMASTHE (R) SHIDLEKONA, SIRA TALUK, TUMKUR-572 137, REPRESENTED BY ITS SECRETARY. 24. SRI. MALLIKARJUN SAMYUKTA PADAVI PURVA COLLEGE TIPTUR THALUK, KUPPAL-572 114, REPRESENTED BY PRINCIPAL 25. DR. B. R. AMBEDAKAR PRE-UNIVERSITY COLLEGE MADHUGIRI-572 132, REPRESENTED BY ITS PRINCIPAL. 26. JANATA VIDYA SANGHA (R) SHETTYKERE, CHIKKANAYANAHALLI-572 226, REPRESENTED BY ITS SECRETARY. 27. G. V. P. VIDYA SAMASTHE (R) HANDANAKERE-572 190, REPRESENTED BY ITS SECRETARY. 28. CORE FOUNDATION THE MASTER PU COLLEGE, - 5 - HC-KAR NC: 2026:KHC:6678 WP No. 27424 of 2023 V.S. SABHABAVANA BUILDING, SHETTIHALLI MAIN ROAD, TUMKUR-572 102, REPRESENTED BY ITS PRINCIPAL. 29. MARADIRANGANATHA SWAMI GRAMANTARA VIDYA SAMASTHE KALLAMBELLA VILLAGE, SIRA-572 137, TUMKUR DISTRICT, REPRESENTED BY ITS PRESIDENT. …PETITIONERS (BY SRI. S SUDHARSAN., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF EDUCATION, VIDHANA SOUDHA, BANGALORE-560 001. REPRESENTED BY PRINCIPAL SECRETARY. 2. DEPARTMENT OF PRE UNIVERSITY EDUCATION 18TH CROSS, MALLESHWARAM, BANGALORE-560 012. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARING THAT THE CIRCULAR ISSUED BY THE GOVT OF KARNATAKA BEARING THE NOTIFICATION NO. PHA MA AND AA KHA MANA /2023-249 E 811883 DTD 01.08.2023 (ANNX-A AT PAGE N O. 31) IS ULTRA VIRES THE KARNATAKA EDUCATION ACT 1983. DIRECTION OF ANY OTHER NAME OR DESCRIPTION TOT HE RESPONDENT AGAINST ENFORCEMENT OF THE IMPUGNED NOTIFICATION AS AGAINST THE PETITIONER. - 6 - HC-KAR NC: 2026:KHC:6678 WP No. 27424 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 petitioners filed this writ petition seeking the following reliefs: a) Issue a Writ of Certiorari declaring that the Circular issued by the Government of Karnataka bearing the Notification No. PHA MA & AA KHA MANA /2023- 249E811883 DATED 01.08.2023 (Annexure A at Page No. 31) is ultra-vires the Karnataka Education Act, 1983. b) Issue a Writ of Prohibition or a Writ or Direction of any other name or description to the Respondents against enforcement of the impugned Notification as against the Petitioners; c) Pass such other order as this Hon'ble Court may deem fit in the facts and circumstances of this case, in the interest of justice and equity. 2. Brief facts,leading rise to the filing of this petition are as follows: 3. The petitioners are the educational institutions, and the year of their establishment is enumerated as follows: - 7 - HC-KAR NC: 2026:KHC:6678 WP No. 27424 of 2023 Sl. No. List of Societies List of Colleges Year of Establish ment 1. MGM Education Society ®. M.G.M Independent P.U. College Mangalawada, Pavagada. M.G.M P.U. College, Chelur, Gubbi. M.G.M Composite P.U. College, Lingadahalli, Pavagada M.G.M Composite P.U. College, Gundarahalli, Pavagada. 1991 1981 1991 1994 2. President Indira Education Society® Indira Pre University College, Tumkur. Upparhalli, 1981 3. Kalidasa Vidyavar dhaka Sanga. Kalidasa Pre-Kalidasnagar, Tumkur. University, Sira Gate, 1981 4. Мусeтco Composit e Pre Universit y College Mycemco Composite P.U. College, Tumkur. Turavekere, 1979 5. Sri. Krishna Vidya Samsathe®. Sri Krishna Mahila Pre- University College, Tumkur. 1984 6. Sri. Vidhyava rdhaka Sahakara Sanga® V.S.S Composite P.U. College, Banasandra, Tumkur. 1984 7. Kanakada Vidya S Samasthe® Kanakadas Pre University College, Chikkanayanahalli, Tumkur 1992 - 8 - HC-KAR NC: 2026:KHC:6678 WP No. 27424 of 2023 8. Sharada Vidyapee ta Samasth e® Sri Sharada Composite Pre - University College C.N.Halli, Tumkur 1981 9. Sri. Mallikarju nswami Vidya Samasth e® Sri. Jayabharathi Vidyapeeta Comp Pre- University College, Mathigatta, Tumkur 10. Sri. Umaprag athi Vidya Samasth e® Sri. Umapragathi Pre University College, Kathyasandra, Tumkur 1985 11. Sri. Mallikarju nswami Vidya Samasth e® Sri. Mallikarjunswami P.U. College, M.N. Kote, Tumkur. 1985 12. Sri. Vishwabh arati Education Society Sri. Vishwabharati P.U. College, Mallasandra, Tumkur 1982 13. Vasavi Vidya Peeta Vasavi Composite Pre University College, S.I.T Extension, Tumkur 1992 14. Μ.Τ. Educare Charitabl e TrustⓇ Mahesh Pre-University College, Ashoknagar, Tumkur. 2012 15. Sri. Bhai raveshwa ra Vidya Samasth e® Sri. Bhairaveshwara Pre- University College, Sri. Bhairaveshwara Pre- University College, Heggere, Tumkur. Sri. Bhairaveshwara Pre- University College, Bugudana Halli, Tumkur. 1985 1989 1991 - 9 - HC-KAR NC: 2026:KHC:6678 WP No. 27424 of 2023 16. Janatha Education Society Vivekananda College P.U. College, K.R. Extension, Tumkur. 1973 17. Dr. B.R. Ambedka r Memorial Education Gautham Buddha P.U. College, Madhugiri, Tumkur. 1967 18. Ashanidhi Vidya Samasth Srinidhi P.U. College, Madugiri, Tumkur. 1987 19. Vidyaranya Vidya Samasthe, ® Vidyaranya P.U. College, Kudali Cross, Tumkur. Vidyaranya Independent P.U. College, Bukkapattana, Tumkur. 1990 1990 20. Havanur Vidya Samasth eR Havanur P.U. College, Bukkapattana, Tumkur. 1985 21. Rangan ath Vidya Samasth e® K. Mallanna Memorial P.U. College, Hanumanth Nagar, Tumkur. 1982 22. Mahave Intigrate d Rural Develop ment SocietyⓇ Dr. Ambedkar P.U. College, K.H.B Colony, Tumkur. 1985 23. Sri. Bhommal ingeshwa ra Vidya Samasth e® Sri. Bhommalingeshwara P.U.College, Tumkur. Shidleykona, 1992 - 10 - HC-KAR NC: 2026:KHC:6678 WP No. 27424 of 2023 24. Sri. Mallikarju n Samyukta P.U. college Sri. Mallikarjun Samyukta P.U. Tumkur. College, Kuppal, 1985 25. Dr. B.R. Ambedak Pre-Universit ar y College, Madhugiri Baba Saheb Ambedkar P.U. Madhugiri, Tumkur. Dr. B.R. College, 1984 26. Janata Vidya Sangha Janata Composite P.U. College. Shettykere 1984 27. G.V.P Vidya Samasth e® G.V.P Composite P.U. College, Hadanakere, Tumkur. 1983 28. CORE Foundation The Master P.U. College Shettihalli, Tumkur 2012 29. Sri Maradi Ranganat haswamy Rural Education Society Ⓡ Sri Maradi Ranganathaswamy P.U. College, Tumkur. Kallambella, 1985 4. Respondent No.1, represented by the Principal Secretary in the Department of Education. Among other functions, this respondent concerns itself with the laying down and implementation of educational - 11 - HC-KAR NC: 2026:KHC:6678 WP No. 27424 of 2023 and academic policies for school education. The guidelines have been laid down by the Hon'ble Apex Court in the case of Avinash Mehrotra vs. Union of India and others reported in 2009 (6) SCC 398 pertaining to minimum standard for school building. 5. Pursuant to the guidelines issued by the Hon'ble Apex Court, the respondents have issued a circular dated 01.08.2023 which reads as follows: i. Nbc certificates issued by the competent authority. ii. Fire Safety compliance certificate issued by the competent authority. iii. RWH and STP certificate issued by the competent authority iv. Rtc/Ec certificate issued by the competent authority. v. Non agricultural land conversion (NA) issued by the competent authority. - 12 - HC-KAR NC: 2026:KHC:6678 WP No. 27424 of 2023 6. The respondents are trying to implement the circular against the petitioners’ institution which were established prior to academic year 2017-2018. It is contended that the said circular has got the prospective effect and not retrospective effect. Hence, on these grounds, prays to allow the writ petition. 7. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondents. 8. Learned counsel for the petitioner submits that the issue involved in this case is squarely covered by the judgment passed by the division bench of this Court in Writ Appeal No. 1208 of 2022 and connected matters which were disposed on 11.01.2023, and also by this court in WP No. 5239 of 2025 disposed on 14.01.2026. - 13 - HC-KAR NC: 2026:KHC:6678 WP No. 27424 of 2023 9. It is an undisputed fact that the petitioners have established their institution prior to academic year 2017-2018. The respondents have issued an impugned endorsement, wherein, the respondents have not considered the stand taken by the petitioners for the reply notice. 10. The State Government has brought an amendment to the Karnataka Educational Institutions (Classification, Regulation And Prescription Of Curricula Rules, 1995), 08.03.2018 amending Rule 2 and Rule 5. Amended Rule 5(4) which reads as follows: 4. Amendment of Rule 5:- In Rule 5 of the said rules.- (i) in sub-rule (1), in clause (ii), for the words “six square feet”, the words “one square meter” shall be substituted; (ii) after sub-rule (3), the following shall be inserted, namely.- “(4) Every private body of persons desiring to establish and maintain an educational institution imparting pre-primary, primary, secondary and higher - 14 - HC-KAR NC: 2026:KHC:6678 WP No. 27424 of 2023 secondary education or any part thereof shall own or have on lease for a minimum period of thirty years following minimum contiguous extent of land for the building and playground of the educational institution with permission from relevant authorities to use for educational purposes: Sl.No. Location Extent of Land I. Educational institution imparting pre- primary to higher secondary education, or primary to higher secondary education, or pre-primary to secondary education 1 BBMP and Other Municipal Corporation Areas 2000 square meter 2 Other areas 4000 square meter II. Educational institution imparting only either primary and secondary education, or imparting secondary and higher secondary education. 3 BBMP and Other Municipal Corporation Areas 1500 square meter 4 Other areas 3000 square meter III. Educational institution imparting only primary education, or secondary education, or higher secondary education 5 BBMP and Other Municipal Corporation Areas 1000 square meter 6 Other areas 2000 square meter IV. Educational institution imparting only pre-primary education - 15 - HC-KAR NC: 2026:KHC:6678 WP No. 27424 of 2023 7 All areas Building carpet area of 1 square meter per student subject to a minimum of 2000 sq.ft. preferably in the ground floor: Provided that, the above land requirement shall not be applicable to the educational institutions imparting pre- primary education only: Provided further that, the above requirement of land extent shall not be applicable to the existing educational institutions started with due registration up to academic year 2017-18 except the extent of land prescribed in the Right of Children to Free and Compulsory Education Act, 2009 (Act No.35 of 2009)." 11. The circular issued dated 01.08.2023 has an effect of prospective in nature, and not retrospective in nature. The said circular is not applicable to the institution established before academic year 2017- 18. Admittedly, the petitioner institutions were established before the academic year 2017-18. 12. Hence, in view of the same, I proceed to pass the following order: - 16 - HC-KAR NC: 2026:KHC:6678 WP No. 27424 of 2023 ORDER The writ petition is disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV