Karnataka High Court
Kairalee Nikethan Education Trust (R) vs State Of Karnataka on 8 April, 2024
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NC: 2024:KHC:14546
WP No. 10645 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 10645 OF 2024 (EDN-RES)
BETWEEN:
KAIRALEE NIKETHAN EDUCATION TRUST (R)
A REGISTERED TRUST HAVING ITS OFFICE AT
5TH MAIN, 9TH CROSS
INDIRANAGAR 1ST STAGE
BANGALORE-560 038.
REPRESENTED BY ITS SECRETARY
SHRI JAIJO JOSEPH.
...PETITIONER
(BY SRI. ANIRUDH A. KULKARNI, ADVOCATE)
AND:
Digitally signed
by CHAITHRA A
1. STATE OF KARNATAKA
Location: HIGH REPRESENTED BY ITS SECRETARY
COURT OF
DEPARTMENT OF EDUCATION
KARNATAKA
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA, AMBEDKAR VEEDHI
BENGALURU-560 001.
2. THE COMMISSIONER OF PUBLIC INSTRUCTION
NRUPATHUNGA ROAD
SAMPANGIRAMA NAGAR
BENGALURU-560 001.
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NC: 2024:KHC:14546
WP No. 10645 of 2024
3. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS (ADMINISTRATION)
BENGALURU NORTH DISTRICT
K.G.ROAD
BENGALURU-560 002.
...RESPONDENTS
(BY SMT. PRATIBHA .R.K, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ORDER AND
DIRECT RESPONDENTS TO ENABLE PETITIONER TO FILE
APPLICATION THROUGH ONLINE OR OFFLINE MODE SEEKING
FOR NOC AS PER KARNATAKA EDUCATIONAL INSTITUTIONS
(ISSUE OF NO OBJECTION CERTIFICATE AND CONTROL)
RULES, 2022 WITHOUT INSISTING FOR 3 YEARS FUNCTION /
FILING OF 3 YEARS AUDIT REPORT.
THIS WP, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned petition is filed seeking mandamus
against respondents to enable the petitioner to file
application through online or offline mode seeking for NOC
as per Karnataka Educational Institutions (Issue of No
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Objection Certificate and Control) Rules, 2022 (for short
"Rules, 2022,") without insisting for 3 years audit report.
2. Learned AGA accepts notice for respondents.
3. The learned counsel for the petitioner has
placed reliance on the judgment rendered by this Court in
W.P.No.11980/2023 in the similar set of facts. The
relevant portion of the judgment rendered by this Court is
extracted as under:
"12. If petitioner - Trust, while seeking NOC
from the State Government, has annexed all
requisites documents as indicated in under Sub
Rule (3) of "Rules, 2022", the Authorities are
bound to consider the application seeking NOC in
accordance with law. The condition imposed in
clause vi column No.3 of Form-I of "Rules, 2022"
as per Annexure-H is held not maintainable for
issuing NOC in respect of those institutions,
which are duly established. The prayer No.b
does not survive for consideration."
This Court has clearly observed that if an institution has
furnished all necessary documents as prescribed under
Sub Rule (3) of the "Rules, 2022," then the authorities are
precluded from imposing additional conditions in Form
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No. 1 to deny the issuance of a No Objection Certificate
(NOC). This includes any insistence on the submission of
an audit report covering a period of three years, especially
in cases where the institution has not yet completed even
a single year of operation. Such requirements would
contravene the provisions outlined in the aforementioned
rules and would constitute an unjustifiable impediment to
the issuance of the NOC.
4. Therefore, this Court is of the view that this
petition needs to be allowed on the same lines as indicated
in the aforesaid judgment.
5. For the foregoing reasons, this Court proceeds
to pass the following:
ORDER
(i) The writ petition is allowed in part;
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(ii) Writ of mandamus issues to respondents 2
and 3 to consider application submitted by the
petitioner-Trust seeking affiliation and shall accept
application of the petitioner through on-line by
dispensing condition indicated in Clause vi, column 3
of Form No.I and thereafter, pass appropriate orders
on the application in accordance with law within a
period of 10 days from the date of receipt of a
certified copy of this order.
Pending applications, if any, are also disposed of.
Sd/-
JUDGE
ALB
