Karnataka High Court
Chimes Educational Trust vs State Of Karnataka on 10 April, 2024
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WP No. 9193 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.9193 OF 2024 (EDN-RES)
BETWEEN:
CHIMES EDUCATIONAL TRUST
A PUBLIC CHARITABLE TRUST
HAVING OFFICE AT:
NO.5, PATALAMMA TEMPLE STREET
BASAVANGUDI
BENGALURU - 560 004
REPRESENTED BY ITS
MANAGING TRUSTEE
MRS.BRINDA SRINIVAS
...PETITIONER
(BY SRI. P CHINNAPPA, ADVOCATE)
AND:
Digitally signed
by CHAITHRA A
Location: HIGH 1. STATE OF KARNATAKA
COURT OF DEPARTMENT OF EDUCATION
KARNATAKA
VIKAS SOUDHA
BENGALURU - 560001
REPRESENTED BY ITS
PRINCIPAL SECRETARY
2. THE COMMISSIONER OF
PUBLIC INSTRUCTIONS
NEW PUBLIC OFFICE, NEAR RBI
NRUPATHUNGA ROAD
AMBEDKAR VEEDHI
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WP No. 9193 of 2024
SAMPANGI RAMA NAGARA
BENGALURU
KARNATAKA - 560 001
3. DEPUTY DIRECTOR
(ADMINISTRATION)
DEPARTMENT OF PUBLIC INSTRUCTION
BENGALURU SOUTH DISTRICT
KALASIPALYAM
BENGALURU - 560 002
4. BLOCK EDUCATIONAL OFFICER
DEPARTMENT OF PUBLIC INSTRUCTION
BENGALURU SOUTH DIVISION
KRISHNARAJAPURA
BENGALURU - 560 036
...RESPONDENTS
(BY SMT.B.SUKANYA BALIGA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO ENABLE THE PETITIONERS
TO FILE AN APPLICATION SEEKING FOR NOC, EITHER
THROUGH ONLINE OR OFFLINE MODE, AS PER THE
KARNATAKA EDUCATIONAL INSTITUTIONS (ISSUE OF NO
OBJECTION CERTIFICATE AND CONTROL) RULES, 2022
WITHOUT INSISTING ON THE PETITIONER FUNCTIONING
FOR A MINIMUM PERIOD OF 3 YEARS AND / OR FILING
COPIES OF AUDIT REPORTS OF THE PREVIOUS 3 YEARS.
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WP No. 9193 of 2024
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned AGA is directed to accept notice for
respondents.
2. The short question that falls for consideration
before this Court is that;
Whether respondents Authorities can
insist for Audit Reports of previous three years
in terms of Clause VI, Column No.3 of Form-I
of the Karnataka Educational Institutions (Issue
of No Objection Certificate and Control) Rules,
2022?
3. It is borne out from records that the petitioner
- Trust has established a school by name 'Tenbroeck
Academy' in November 2022. The Trust now intends to
seek affiliation from another Board. Therefore, petitioner
needs NOC from the respondents Authorities. Though an
application for NOC is uploaded by the petitioner - Trust,
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the respondents are not entertaining the on-line
application on the ground that Trust is not eligible to apply
for want of Audit Report of three previous years. This issue
is squarely covered in the light of the judgment rendered
by this Court in W.P.No.11980/2023.
4. This Court, in an identical set of facts, has
issued directions to the Authorities not to insist for Audit
Report of three previous years as the Institution had come
into existence recently and therefore, the Institution was
not in a position to place on record the Audit Report of
three previous years.
5. Para No.11 of the findings recorded by this
Court in an identical case in W.P.No.11980/2023 is
relevant and the same is extracted, which reads as under;
"11. The primary reason for requirement
of NOC is that most of the schools belonging to
various States start of as a 'State Board
Affiliate". As soon as the students of a
particular school progress to Class-8, CBSE
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starts accepting affiliation requests through
which only those students to allow to take
Class-10 Board examination. In simple terms,
NOC is required to change the Board from
State Education Department. CBSE, in fact,
had cancelled NOC Rule as it was found that
the Educational Officers are unnecessarily
harassing the schools before issuing NOC.
Now, the said requirement is again brought
back by the CBSE for all the schools seeking
affiliation. But, under the garb of considering
any application for NOC, the said Authorities
should not necessarily delay the process of
affiliation. If the case is made out and if it is
found that the Educational Institution is entitled
to seek affiliation with CBSE Board. If school is
already registered and a permission is granted
and has a recognition certification, the
Authorities under the garb of enquiry to issue
NOC should not unnecessarily sit over the file
relating to grant of NOC by adding additional
conditions, which are not prescribed under the
Rules, 2022."
6. In the light of the findings recorded by this
Court in an identical case, the petitioner - Trust having
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established the present school in November, 2022 is not in
a position to furnish Audit Report of previous three years.
7. For the foregoing reasons, this Court proceeds
to pass the following;
ORDER
(i) The writ petition is allowed in part.
(ii) Writ of mandamus is issued to
respondent Nos.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.
(iii) This exercise shall be completed by
respondents within a period of 10 days from the
date of receipt of order copy.
(iv) Learned AGA shall also communicate
this order to respondent Nos.2 and 3 for further
course of action.
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(v) Pending applications, if any, are also
disposed off.
Sd/-
JUDGE
NBM
