THE BARAKUR EDUCATIONAL SOCIETY R v. STATE OF KARNATAKA
WP/25659/2024 · 2026-03-03
E S Indiresh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9475 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9475 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:12781 WP No. 25659 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.25659 OF 2024 (EDN-RES) BETWEEN:
1.
THE BARAKUR EDUCATIONAL SOCIETY (R) BARKUR, BRAMHAVAR TALUK UDUPI DISTRICT-576 210 REPRESENTED BY ITS SECRETARY SRI. ASHOK KUMAR SHETTY. …PETITIONER (BY SRI. GAGAN K., ADVOCATE FOR SRI. HAREESH BHANDARY T., ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF HIGHER EDUCATION (PUC) M.S.BUILDING BENGALURU-560001.
2.
THE COMMISSIONER PRE-UNIVERSITY BOARD 18TH CROSS, MALLESHWARAM, BENGALURU-560012.
3.
THE DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTIONS (PRE-UNIVERSITY) 18TH CROSS, MALLESWARAM BENGALURU-560012.
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:12781 WP No. 25659 of 2024
4.
THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (PRE-UNIVERSITY), RAJATADRI, MANIPAL UDUPI DISTRICT, UDUPI-576101
5.
SRI. BHAGATH K.
S/O LAKSHMINARAYANA RAO AGED ABOUT 40 YEARS PROFESSOR IN CHEMISTRY NATIONAL PRE-UNIVERSITY COLLEGE BARAKUR, UDUPI TALUK & DISTRICT R/O DOOR NO. 90, SURABHI POST OFFICE ROAD FORT SHIVAMOGGA.
…RESPONDENTS (BY SMT. SUKANYA BALIGA B., AGA FOR R1 TO R4;
SRI. K. SREEDHAR, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE MEMO DATED 20.08.2024 IN NO. SHA.SHI. E(PAPOO)U/NE.PA.POO.KA.BA/02/2024-25 AT ANNEXURE-A, THE MEMO DATED 22.03.2024 IN SHA.SHI.E/ PAPOO.
U/S.U.COBBANDI-3/S.U.053/KA.KA/2019-20 AT ANNEXURE-B AND THE ORDER DATED 13.03.2024 BEARING NO. DPUE- EST30SU(LPA)/1/2023 AT ANNEXURE-'B1' ISSUED BY THE RESPONDENT NO.4. FURTHER DIRECT THE RESPONDENTS TO GIVE AN OPPORTUNITY OF AUDI ALTERAM PARTEM IN RESPECT OF REPLY DATED 24.02.2023 VIDE ANNEXURE-M TO
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HC-KAR NC: 2026:KHC:12781 WP No. 25659 of 2024
THE SHOW-CAUSE NOTICE DATED 19.02.2023 VIDE ANNEXURE-L.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. Heard learned counsel appearing for the parties.
2. This writ petition is filed by the petitioner assailing the
order dated 20.08.2024 (Annexure-A) and the consequential orders wherein, the respondent - Government has taken a decision to transfer the teachers / lecturers in the petitioner - College as per Annexure-A to the writ petition.
3.
Learned counsel for the petitioner submits that the number of students in the College, that there are 400 students in the petitioner - College. However, on careful consideration of the Annexure- L - show cause notice dated 19.02.2023, issued by the respondent - authorities to the petitioner - College, would indicate that for the academic year 2022-23 there were only nine I PUC students and ten II PUC students.
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HC-KAR NC: 2026:KHC:12781 WP No. 25659 of 2024
4. Taking into consideration the provision contained in Rule 23(2) of the Karnataka Pre-University Education (Academic, Registration, Administration and Grant-in-Aid etc.) Rules, 2006, I am of the view that, there is no error in the impugned Memos dated 20.08.2024 and 22.03.2024 at Annexures-A and B and the order dated 13.03.2024 at Annexure-B1, issued by the respondents.
5. Accordingly, the Writ Petition is dismissed.
6. It is made clear that since examination for PUC students is in progress, in that view of the matter, in the interest of students, the respondent - authority shall not precipitate the matter against the petitioner - Institution till the conclusion of the PUC examination. SD/- (E.S.INDIRESH) JUDGE
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