- 1 - HC-KAR NC: 2026:KHC-D:1030 WP No. 100184 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100184 OF 2026 (GM-RES) BETWEEN: SHRI. HARISH K.S. S/O. VEERANNA K.S., AGE. 52 YEARS, OCC. PRESIDENT, GOVERNMENT GIRLS HIGH SCHOOL, SDMC COMMITTEE KOTTUR, R/O. BEHIND KANNIKAPARAMESHWRI TEMPLE, KBK SCHOOL, KOTTUR, TQ. KOTTUR, DIST. VIJAYNAGAR-583134. …PETITIONER (BY SRI. M.S. HARAVI, ADVOCATE) AND: 1. THE DEPUTY DIRECTOR, SCHOOL EDUCATION DEPARTMENT, VIJAYNAGAR, DIST. VIJAYNAGAR-583134. 2. THE BLOCK EDUCATION OFFICER, SCHOOL EDUCATION DEPARTMENT, KUDLIGI, DIST. VIJAYNAGAR-583134. 3. THE HEAD MASTER, GOVERNMENT GIRLS HIGH SCHOOL, KOTTUR, TQ. KOTTUR, DIST. VIJAYNAGAR-583134. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1030 WP No. 100184 of 2026 4. SRI. B.M. MANJUNATH, AGE. 45 YEARS, OCC. PRESIDENT, GOVERNMENT GIRLS HIGH SCHOOL, SDMC COMMITTEE KOTTUR, TAL. KOTTUR, DIST.VIJAYNAGAR-583134. …RESPONDENTS (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE WRIT, ORDER, OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE RESOLUTION PASSED BY THE 3RD RESPONDENT’S SCHOOL SDMC COMMITTEE KOTTUR DATED 14-11-2025 AS PER ANNEXURE-G. 2. ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONTINUE THE 3RD RESPONDENT’S HIGH SCHOOL SDMC COMMITTEE HEADED BY THE PETITIONER ON 14-11-2024 TILL COMPLETION OF HIS TENURE I.E., 2026-2027. 3. PASS ANY APPROPRIATE ORDER OR DIRECTION AS DEEMS FIT BY THIS HON’BLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE BY ALLOWING THIS WRIT PETITION WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:1030 WP No. 100184 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayer: “PRAYER Wherefore, the petitioner most humbly prays that this Hon’ble court may be pleased to; 1. Issue writ, order, or direction in the nature of certiorari to quash the resolution passed by the 3rd respondent’s school SDMC Committee Kottrur dated 14-11-2025 as per Annexure-G. 2. ISSUE writ, order or direction in the nature of Mandamus directing the respondents to continue the 3rd respondent’s High school SDMC committee headed by the petitioner on 14-11-2024 till completion of his tenure i.e., 2026-2027. 3. Pass any appropriate order or direction as deems fit by this Hon’ble court under the facts and circumstances of the case by allowing this writ petition with cost in the interest of justice and equity.” 2. It is the case that the petitioner is the resident of Kottur town and he is also the President of Government Girls High School, SDMC Committee, Kottur. The SDMC Committee headed by the petitioner has been constituted on 14.11.2024 by passing a resolution in the parents' meeting. Thereafter, the second respondent has approved the SDMC Committee on 10.12.2024. The tenure of the committee is 3 years as required under Section 13 of the Karnataka Right of Children to Free and Compulsory - 4 - HC-KAR NC: 2026:KHC-D:1030 WP No. 100184 of 2026 Education Act, 2009 (hereinafter referred to as ‘Act’). The petitioner Committee is monitoring respondent No.4 High School effectively and in the interest and welfare of the student. The tenure of the committee is going to be expired on 03.12.2027. It is stated that respondent No.4 is unnecessarily interfering with the administration of the committee without any reason. The respondent No.4 is discharging his duties detrimental to the interest of the students and not properly utilizing the government grants and even without the knowledge of the committee, respondent No.4 has taken several decisions against the interests of the students and their parents. Aggrieved by the illegal act of respondent No.4, the petitioner and his committee members have made complaint before the respondent No.2 requesting to take action against respondent No.3 in the better administration of respondent No.4 High School. 3. It is stated that the petitioner's daughter was studying in the respondent No.4 High School in 10th Standard and she passed out SSLC during the academic year 2024-2025 and as such, the petitioner has submitted application to respondent No.2 requesting to continue him as the president of the SDMC - 5 - HC-KAR NC: 2026:KHC-D:1030 WP No. 100184 of 2026 Committee till completion of the tenure on the premise that he has taken the care and custody of one student by name Kumari. Rakshita, studying in 8th Standard with the permission of her parents. The parents of the said student have executed consent deed in favour of the petitioner agreeing to take care and custody of his daughter till completing 10th standard. It is stated that as per Section 13 of the Act, tenure of the committee is 3 years after its formation. In spite of the same, the respondent No.3 has called for the meeting for formation of the new committee. 4. Learned counsel appearing for the petitioner submits that this action of respondent No.3 is contrary to the provisions of the Act. When the petitioner is the guardian of a girl who is studying in 8th standard, respondent No.3 ought not to have called for the meeting. It is submitted that this action of respondent No.3 is contrary to the Act and as such, the writ petition needs to be allowed. 5. Learned Additional Government Advocate appearing for respondent Nos.1 to 3, on instructions submits that as per the Act, to be a president/member of the committee, their child shall - 6 - HC-KAR NC: 2026:KHC-D:1030 WP No. 100184 of 2026 be studying in the school. In the petition itself it is stated that the petitioner's daughter has completed 10th standard. As submitted by the petitioner, that a consent letter is given by the parents of one of the students, it cannot be a ground and based on that, he cannot be considered as a guardian and he has ceased to be the president and respondent No.3 has rightly called for the meeting for the formation of new committee. Then a resolution was passed on 14.11.2025 constituting a committee. It is submitted that the action of respondent No.3 is in consonance with the provisions of the Act and the writ petition needs to be dismissed. 6. Having heard the learned counsels on either side, perused the entire material on record. The whole purpose of the Karnataka Right of Children to Free and Compulsory Education Act, 2009, is to see that the grievance of the children and the parents is effectively addressed. As rightly submitted by the Additional Government Advocate, the prerequisite is that the child must be studying in the school. When the petitioner's daughter has passed out, the petitioner has no right to continue as a president/member of the committee. It is the submission of - 7 - HC-KAR NC: 2026:KHC-D:1030 WP No. 100184 of 2026 the learned counsel for the petitioner that the parents of one of the students has consented him to act as a guardian and that is not the purport of the Act. To continue as a president, he cannot take consent from the parents of a student to be her guardian. He must be a parent/guardian as per the school records and not for the sake of continuing as president. The submission of the learned counsel for the petitioner is unknown to law and the same cannot be considered. In the considered opinion of this Court, there are no grounds to interfere and the petitioner is not entitled for any relief from this Court. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 1 Sl No.: 90