CHETHAN EDUCATIONAL TRUST v. THE STATE OF KARNATAKA
WA/1137/2026 · 2026-04-29
C M Poonacha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5259 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5259 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:24052-DB WA No. 1137 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1137 OF 2026 (EDN-RES) BETWEEN:
1.
CHETHAN EDUCATIONAL TRUST A TRUST REGISTERED AS PER THE INDIAN TRUST ACT, 1882, HAVING ITS REGISTERED OFFICE AT, ANJANI EXTENSION, CHINTAMANI, CHIKKABALLAPUR DIST- 563125 REP BY ITS SECRETARY, SRI. CHETHAN K S.
2.
CHETHAN PRE-UNIVERSITY COLLEGE OFFICE AT ANJANI EXTENSION, CHINTAMANI, CHIKKABALLAPUR DIST-563125 REP BY ITS SECRETARY, SRI. CHETHAN K S. …APPELLANTS (BY SRI. ONKARA K.B., ADVOCATE FOR SRI SANJAY P. C., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPT. OF PRIMARY AND SECONDARY EDUCATION M.S. BUILDING,
Digitally signed by K P SWETHA Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:24052-DB WA No. 1137 of 2026
DR. AMBEDKAR VEDHI, BENGALORE 560 001.
2.
THE COMMISSIONER OF PUBLIC INSTRUCTION, EDUCATION DEPARTMENT.
K.R CIRCLE, BENGALORE - 560 001.
3.
THE DIRECTOR, DEPARTMENT OF PRE-UNIVERSITY EDUCATION, 18TH CROSS ROAD, SAMPIGE ROAD, MALLESHWARAM, BENGALURU-560012.
4.
THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, DEPARTMENT OF SCHOOL EDUCATION (PRE-UNIVERSITY), CPHJ + 58M, CHIKKABALLAPUR- 562101. …RESPONDENTS (BY SRI.K.S.HARISH, GOVERNMENT ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED 10.03.2026, PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP.NO.20157/2025 (EDN-RES) AND IN REVERSAL OF THE SAME, ALLOW THE WRIT PETITION AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT AND PROPER UNDER THE
FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
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HC-KAR NC: 2026:KHC:24052-DB WA No. 1137 of 2026
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellants have filed the present appeal impugning the order dated 10.03.2026, passed by the learned Single Judge in Writ Petition No.20157/2025 (EDN-RES). 2. The appellants have filed the said petition impugning orders dated 22.04.2025 and 01.04.2025, passed by the Director, Department of Pre-University Education (respondent No.3). In terms of the said order, the recognition granted to the appellant's College was withdrawn on the ground that there were zero admissions for the academic years 2022-23 to 2024-25, leading to suspension of educational activities. 3. It is noted that the impugned orders are passed pursuant to the directions issued by this Court in
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HC-KAR NC: 2026:KHC:24052-DB WA No. 1137 of 2026
Writ Petition No.2127/2025 (EDN-RES), The appellants had filed the said Writ Petition No.2127/2025, impugning a show cause notice dated 01.09.2024. The learned Single Judge disposed of the said petition, with a direction to consider the appellant's representation and further restrained the concerned authorities from taking any coercive steps till the same is considered. 4. In view of the above, the respondent No.3 considered the appellant's representation and found that the recognition granted to the appellant-College is required to be revoked. 5. The writ petition preferred by the appellants was rejected by the impugned order on the ground that in terms of Rule 11(4) of the Karnataka Pre-University Education (Academic, Registration, Administration and Grant-in-Aid etc.,) Rules, 2006, the College is prohibited from admitting the students in any of the approved languages or optional subjects if students strength falls below 10 for the three consecutive academic years. 6. Learned Government Advocate has handed over a tabular statement setting out the strength of the students of the appellant-College for the academic years commencing from
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HC-KAR NC: 2026:KHC:24052-DB WA No. 1137 of 2026
2020-2021 to 2023-24. The relevant portion tabular statement is set out below:
2020-2021 2021-2022 2022-2023 2023-2024 IPUC IIPUC TOTAL IPUC IIPU C TOTAL IPUC IIPUC TOTAL IPUC IIPUC TOTAL 6 5 11 2 0 2 0 0 0 0 0 0
7. It is clear that the strength of students in the appellant- College has fallen below the prescribed minimum strength, which this Court is informed is 40 students. 8.
In view of the above, the decision of the authorities to withdraw the recognition cannot be faulted. We find no infirmity with the impugned order dismissing the appellants' writ petition. 9. We also note that the learned Single Judge has protected the students who have been admitted in the appellants' Institution for the academic year 2024-2025, by directing that the respondents shall not interfere with the conclusion of the entire examination process for the academic year 2024-2025. 10. As the respondents have not filed any appeal against the said directions, we clarify that we are not interfering with the said directions. - 6 -
HC-KAR NC: 2026:KHC:24052-DB WA No. 1137 of 2026
11. The Appeal is accordingly dismissed. 12. Pending applications, if any, also stand disposed of. Sd/-
(VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C.M. POONACHA) JUDGE
BK : List No.: 2 Sl No.: 25