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2026 DAILYLAW 9556 (KAR)

THE HEAD MASTER, v. THE COMMISSONER FOR TRANSPORT

WP/12405/2026 · 2026-04-21

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:21569 WP No. 12405 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.12405 OF 2026 (MV) BETWEEN: THE HEAD MASTER, AMRUTHA BHARATHI VIDYALAYA, MITHILANAGAR, HEBRI, UDUPI DISTRICT – 576 112. …PETITIONER (BY SRI NAGESHA M.E., ADVOCATE) AND: 1. THE COMMISSONER FOR TRANSPORT, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU-560027. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, UDUPI-574 101. …RESPONDENTS (BY SMT. RASHMI RAO, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS; QUASHING THE ENDORSEMENT ISSUED BY THE 2ND RESPONDENT, SECRETARY, RTA UDUPI DATED 10.03.2026 IN NO.RTO/UDP/SCHOOL BUS/2025-26 TO THE VEHICLE NOS.KA-20/B- 8016, KA-20/B-8018, KA-20/B-8020, KA-20/B-5132 & KA-20/B-5033 AS PER ANNEXURES-C1 TO C5 AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21569 WP No. 12405 of 2026 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned High Court Government Pleader accepts notice for the respondents. 2. The petitioner in this petition has called in question the impugned endorsement dated 10.03.2026 issued by respondent No.2, wherein the request of the petitioner pertaining to the subject vehicles has been declined. 3. Learned counsel on both sides submit that the issue involved in this writ petition is squarely covered by the decision of this Court in the case of Sharadamma Vs. The State of Karnataka and Others1 (Sharadamma). 4. It is further submitted that relying upon the said decision, this Court in The Head Mistress St. Antony Lower Primary School Vs. The State of 1 W.P.No.21991/2019 and connected matter D.D.20.08.2019 - 3 - HC-KAR NC: 2026:KHC:21569 WP No. 12405 of 2026 Karnataka and Others2 (The Head Mistress St. Antony Lower Primary School) has remitted the matter to the respondent-authority for reconsideration of the petitioner’s application on the ground that Rule 6(2) of the Karnataka Motor Vehicles (Conditions for Vehicles Engaged in Transport of School Children) Rules, 2012 (“Rules, 2012” for short) was not properly considered. 5. In view of the settled proposition of law laid down in the case of Sharadamma and The Head Mistress St. Antony Lower Primary School, this Court pass the following: ORDER i. The writ petition is allowed. ii. The endorsement dated 10.03.2026 issued by respondent No.2 (Annexures-C1 to C5) are quashed. iii. Respondent No.2 is directed to reconsider the petitioner’s application for renewal of permit, 2 W.P.No.6991/2023 D.D 06.08.2024 - 4 - HC-KAR NC: 2026:KHC:21569 WP No. 12405 of 2026 bearing in mind Rule 6(2) of the Rules, 2012 and the decision of the Co-ordinate Bench in the case of Sharadamma, and to pass appropriate orders in accordance with law within a period of four (4) weeks from the date of receipt of the copy of this order. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 31