Chanakya Bharathi Trust v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 21189 OF 2025 (EDN-RES) BETWEEN:

CHANAKYA BHARATHI TRUST REGISTERED UNDER THE TRUSTS ACT, HAVING REGISTERED OFFICE AT #42 AND #43, "ANANDGIRI", 6TH AND 7TH CROSS, OPPOSITE HILL TEMPLE, NEAR SUMANGALI SEVA ASHRAM MAIN ROAD, RT.NAGAR PO, BENGALURU - 560 032, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. RAMESH SHETTY. …PETITIONER (BY SMT. VAMSHI KRISHNA C., ADVOCATE & SRI. KARITHIKA RAVEENDRAN NAIR, ADVOCATE)

AND:

¶1STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, PRIMARY AND SECONDARY EDUCATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.

¶2THE COMMISSIONER OF PUBLIC INSTRUCTIONS NEW PUBLIC OFFICES, NRUPATHANGA ROAD, BENGALURU - 560 001.

by CHAYA S A Location: HIGH COURT OF KARNATAKA

¶3THE DIRECTOR OF PUBLIC INSTRUCTIONS NEW PUBLIC OFFICES, NRUPATHANGA ROAD, BENGALURU - 560 001.

¶4THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS KG ROAD, BENGALURU NORTH DISTRICT, BENGALURU - 560 001.

¶5THE BLOCK EDUCATION OFFICER 18TH MAIN ROAD, MALLESHWARAM, BENGALURU NORTH ZONE, BENGALURU - 560 001. …RESPONDENTS (BY SMT. SUKANYA BALIGA B., AGA)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED 01.04.2025 BEARING NO.A7/ANADI/ SHALE/STALANTARA/2292/2016-17 (ANNEXURE-Y) PASSED BY THE RESPONDENT NO.5 BY ISSUING A WRIT OF CERTIORARI OR ANY OTHER ORDER OR WRIT AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER In this Writ Petition, the petitioner is assailing the Notification/Endorsement dated 01.04.2025 (Annexure - Y) and the Cancellation order dated 06.02.2024 quashing

the Notification/Notice dated 12.02.2024 (Annexure - V), issued by the respondent No.5 and to further sought for quashing the Notification/Endorsement dated 05.05.2025 (Annexure - Z) issued by respondent No.4.

¶2Heard the learned counsel appearing for the parties.

¶3It is submitted by learned counsel appearing for the petitioner that the recognition was accorded to the petitioner's school as per the letter dated

20.08.2022 issued by the respondent No.2 (Annexure - S) and also, accorded permission for the transfer of the school, subject to certain conditions specified at Annexure - S to the petition. In the backdrop of the aforementioned aspects, the impugned Endorsement dated 01.04.2025 has been issued by the respondent No.5, de-recognising the petitioner's school erroneously under Section 39(2) of the Karnataka Education Act, 1983 (for short 'the Act') and as such sought for interference of this Court.

¶4It is also submitted by the learned counsel appearing for the petitioner - school that before de-recognising the school, the petitioner has not been heard in the matter and therefore, sought for interference of this Court.

¶5Per contra, Smt. Sukanya Baliga B., learned Additional Government Advocate sought to justify the impugned action by the respondent-authorities.

¶6In the light of the submissions made by the learned counsel appearing for the parties and on perusal of Annexure - S dated

20.08.2022, whereby respondent No.2 has accorded permission for transfer of the school subject to certain conditions specified therein. It is submitted by the learned counsel appearing for the petitioner that the petitioner has complied with the conditions referred to at Annexure -S to the petition. In the backdrop of these aspects, a perusal of the Endorsement dated 01.04.2025 (Annexure -Y) indicate that the respondent No.5 has stated that the petitioner -

school has been transferred without permission from the respondent - authorities, consequently, de-recognised the petitioner's school.

¶7The reasons assigned by the respondent No.5 at Annexure - Y, that the school has been transferred without complying the provisions under Section 34 read with Section 39(2) of the Act. A perusal of the writ petition would indicate that, the respondents have not given opportunity of hearing to the petitioner's school before de-recognising the school while passing the impugned Endorsement dated 01.04.2025 at Annexure - Y. Even though reasons assigned at Annexure - Y dated

01.04.2025 suggesting that school has been transferred without permission, however, the respondent No.2 has already passed an order at Annexure - S, accepting the reasons with respect to the transfer of the school concerned. In that view of the matter, I find force in the submissions made by the learned counsel appearing for the petitioner that the impugned Endorsement dated

01.04.2025 based on the letter dated 06.02.2024, by the respondent No.4 has been passed without hearing the petitioner.

¶8In that view of the matter, I am of the opinion that respondent-authorities has to provide an opportunity of hearing to petitioner before de-recognising the petitioner's school is concerned.

¶9Accordingly, I pass the following: ORDER

i) The Writ Petition is allowed.

ii) It is hereby set aside impugned Notification/Endorsement dated

01.04.2025 (Annexure - Y) passed by the respondent No.5, notification dated 12.02.2024 (Annexure - V) passed by respondent No.5 and Notification/Endorsement dated

05.05.2025 (Annexure - Z) passed by respondent no. 4.

iii) It is made clear that the respondents shall take decision against the petitioner's school by considering letter dated

20.08.2022

(Annexure - S) issued by the respondent No.1 and also consider compliance made thereunder by the petitioner before resorting to such action as to derecognize the school.

In view of allowing the Writ Petition, the respondent - authorities are directed to issue the SATS (Student Achievement Tracking Score) to the petitioner's school within two (2) weeks from the date of receipt of this order. In view of the allowing of the Writ Petition, I.A.No.1/2025 and I.A.No.2/2025 does not survive for consideration and accordingly disposed of.

SD/- (E.S.INDIRESH) JUDGE

KLV List No.: 1 Sl No.: 32