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2026 DAILYLAW 6875 (KAR)

JNAN VRUKSHA EDUCATION TRUST (R) v. STATE OF KARNATAKA

WP/6685/2026 · 2026-03-16

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15301 WP No. 6685 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.6685 OF 2026 (EDN-RES) BETWEEN: 1. JNANA VRUKSHA EDUCATION TRUST (R) A REGISTERED TRUST HAVING ITS OFFICE AT, 16TH CROSS, SAPTHAGIRI COLLEGE ROAD, CHIKKASANDRA, BENGALURU-560 057. REPRESENTED BY ITS SECRETARY, MR. I.G. CHINAPPA, S/O MR. I.M. GOPAL. …PETITIONER (BY SRI. MILASH ARROL NORONHA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY. ROOM NO.663, 2ND GATE, 6TH FLOOR, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU, KARNATAKA-560 001. 2. THE COMMISSIONER FOR SCHOOL EDUCATION, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15301 WP No. 6685 of 2026 BENGALURU. (FORMERLY DEPARTMENT OF PUBLIC INSTRUCTION). OFFICE OF THE COMMISSIONER FOR SCHOOL EDUCATION, NRUPATHUNGA ROAD, BENGALURU, KARNATAKA-560 001. 3. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (DDPI), BENGALURU NORTH DISTRICT. OFFICE OF THE DDPI-BENGALURU NORTH K.G. ROAD, OPP. KAVERI BHAVAN, BENGALURU, KARNATAKA-560 002. …RESPONDENTS (BY SMT. SUKANYA BALIGA B., AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA - 2023, PRAYING TO DIRECT RESPONDENTS 1 TO 3 TO ADJUDICATE THE PETITIONERS REPLY SUBMITTED VIDE ANNEXURE-D PURSUANT TO NOTICE UNDER SECTION 34 OF THE KARNATAKA EDUCATION ACT, 1983, IN A TIME-BOUND MANNER, WITHIN A PERIOD OF 4 WEEKS OR ANY PERIOD THAT THIS HONBLE COURT MAY DEEM FIT; DIRECT THE RESPONDENTS NOT TO TAKE ANY COERCIVE STEPS AGAINST THE PETITIONER INSTITUTION PENDING ADJUDICATION OF THE MATTER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:15301 WP No. 6685 of 2026 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. It is argued by the learned counsel for the petitioner by referring to the notice dated 15.05.2025 (Annexure-C), wherein, show-cause notice has been issued to the petitioner - Institution alleging submission of fake documents with regard to fire safety measures and to submit the relevant fire safety certificate issued by the competent authority under the provisions of the Karnataka Education Act, 1983 (for short, 'the Act'). 3. It is submitted by the learned counsel appearing for the petitioner, that the petitioner - Institution has obtained the fire safety certificate immediately after the issuance of the show- cause notice dated 15.05.2025(Annexure-C) and same has to be considered by the respondent - authorities along with the detailed reply of the petitioner as per Annexure-D. - 4 - HC-KAR NC: 2026:KHC:15301 WP No. 6685 of 2026 4. Per contra, Smt. Sukanya Baliga B., learned Additional Government Advocate opposed the petition on the ground that, the petitioner - Institution has obtained the fire safety certificate only after the issuance of the show-cause notice and accordingly, sought for dismissal of the Writ Petition. 5. In the light of the submissions made by the learned counsel appearing for the parties, on careful consideration of the reasons assigned in the show-cause notice (Annexure-C), wherein the respondent - Government has issued the show- cause notice under Section 34 of the Act alleging non compliance of fire safety measures as required under the Act and submission of fake documents. In this regard, taking into consideration the reasons assigned in the reply produced at Annexure-D submitted by the petitioner to the respondent - competent authorities, it is open for the competent authority to take decision in the matter based on the reply produced at Annexure-D to the writ petition. 6. Accordingly, respondent No.2 is directed to consider the reply at Annexure-D, in accordance with law, within four weeks from the date of receipt of certified copy of this order. Till - 5 - HC-KAR NC: 2026:KHC:15301 WP No. 6685 of 2026 consideration of the same, no precipitative action be taken against the petitioner by the respondents, in furtherance of the show-cause notice dated 15.05.2025 produced at Annexure-C to the Writ Petition. 7. The Writ Petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 33