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Karnataka High Court
Sree Ganapathi Vidya Samsthe (R) vs The State Of Karnataka on 3 December, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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WP No. 21699 of 2025
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 21699 OF 2025 (EDN-RES)
BETWEEN:
SREE GANAPATHI VIDYA SAMSTHE (R)
HEBBUR, TUMKUR TALUK,
TUMKUR DISTRICT-572120.
REP. BY ITS SECRETARY,
SRI T.R.H.PRAKASH,
S/O T.H.RAMAIAH,
AGED ABOUT 63 YEARS,
CSI LAYOUT, TUMKUR TALUK.
...PETITIONER
(BY SRI. SRIKANTH M. P., ADV.)
AND:
Digitally signed by 1. THE STATE OF KARNATAKA
NANJUNDACHARI BY ITS PRINCIPAL SECRETARY
Location: HIGH
COURT OF TO GOVERNMENT
KARNATAKA SCHOOL EDUCATION AND
LITERACY DEPARTMENT,
M.S.BUILDING,
BANGALORE -560 001.
2. THE COMMISSIONER
SCHOOL EDUCATION AND
LITERACY DEPARTMENT
NEW PUBLIC OFFICES,
NRUPATHUNGA ROAD, K.R.CIRCLE,
BANGALORE -560 001.
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3. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
SCHOOL EDUCATION AND
LITERACY DEPARTMENT
SECONDARY EDUCATION
NEW PUBLIC OFFICES,
NRUPATHUNGA ROAD, K.R.CIRCLE,
BANGALORE- 560 001.
4. THE DEPUTY DIRECTOR
SCHOOL EDUCATION AND
LITERACY DEPARTMENT
TUMKUR SOUTH DISTRICT,
TUMKUR-572101.
5. THE BLOCK EDUCATION OFFICER
TUMKUR TALUK,
TUMKUR-572101.
...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP FOR R1 TO R5)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO A) HOLD AND DECLARE
THAT THE STATE CANNOT DISCRIMINATE WITH THE
GOVERNMENT EDUCATIONAL INSTITUTIONS IN RESPECT OF
PRIVATE AIDED EDUCATIONAL INSTITUTIONS WITH REGARDS
TO MEDIUM OF INSTRUCTIONS IN THE SCHOOLS REGISTERED
AND RECOGNIZED UNDER THE PROVISIONS OF THE
KARNATAKA EDUCATION ACT, 1983, FAILING WHICH IT
WOULD AMOUNT TO VIOLATION OF ARTICLE 14, 19 (1) (A) (G)
21 AND 21A OF THE CONSTITUTION.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
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ORAL ORDER
In this petition, the petitioner seeks the following
reliefs:
(a) Hold and declare that the State cannot
discriminate with the Government Educational
Institutions in respect of Private Aided
Educational Institutions with regards to
Medium of Instructions in the Schools
registered and recognized under the provisions
of the Karnataka Education Act, 1983, failing
which, it would amount to violation of Articles
14, 19(1)(a)(g), 21 and 21A of the
Constitution.
(b) Hold and declare that the stand of the
respondents in denying conversion of One
Section each in 8th, 9th and 10th Standards
from existing Kannada Medium to English
Medium as purely arbitrary and violation of
Article 14, 19 (1)(a)(g), 21 and 21A of the
Constitution.
(c) Hold and declare that the existing Private
Aided Educational Institutions are entitled to
seek conversion of the Medium of Instructions
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from Kannada Medium to English Medium
considering the need of the children and the
parents as per the rights guaranteed under
Article 14, 19(1)(a)(g), 21 and 21A of the
Constitution.
(d) Quash the Endorsement bearing No.AA
NU2 NYA DAA HU BA.29/2024-25/389 dated
13.05.2025 by the 4th respondent vide
Annexure-AC.
(e) Direct respondent Nos.1 to 3 to consider
the proposal dated 11.02.2023 regarding
change of medium to English from Kannada
Medium insofar as each section of 8th, 9th and
10th Standards in Ganapathi High School,
Hebbur run by the petitioner management in
accordance with Rule 7 and Form No.III and IV
of the Karnataka Educational Institutions
(Classification and Registration) Rules, 1997
vide Annexure-J and KCSRs, Circular dated
05.09.2015 issued by the Government in
furtherance of the decision of the Hon'ble
Supreme Court and this Hon'ble Court vide
Annexure-L bearing No.ED 359 PGC 2015.
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(f) Consequential relief or any other
appropriate order or direction as this Hon'ble
Court deems fit in the facts and circumstances
of the case in the ends of justice and equity.
2. Heard learned counsel Sri.M.P.Srikanth for petitioner
and Sri.Manjunath K., learned High Court Government
Pleader for respondents and perused the material on
record.
3. A perusal of material on record will indicate that the
petitioner is running an aided High School at Hebbur,
Tumkur Taluk and District for classes 8th, 9th and 10th in
Kannada medium. The petitioner conducts classes in two
sections each in 8th, 9th and 10th Standards and intends to
convert one section each into English medium. In this
regard, the petitioner submitted a request/application to
the respondents who rejected the same, as a result of
which, the petitioner approached this Court in
W.P.No.12849/2024 which was allowed vide final order
dated 21.04.2025 by remitting the matter back to the
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respondent for reconsideration afresh, in accordance with
law, as hereunder:
"In this petition, petitioner seeks the following reliefs:
"a) Quash the Endorsement bearing No.AA PRA SHA
SHI HIMBARAHA 26/2023-24 dated 13.02.2024 as issued by the
5th respondent vide Annexure-N.
b) Direct respondent Nos.1 to 3 to consider the
proposal dated 11.02.2023 vide Annexure-J regarding change of
medium to English from Kannada Medium insofar as each Section
of 8th, 9th and 10th Standards in Ganapathi High School, Hebbur
run by the petitioner management in accordance with Rule 7 and
Form No.III and IV of the Karnataka Educational Institutions
(Classification and Registration), Rules, 1997, Circular dated
05.09.2015 issued by the Government vide Annexure-L in
furtherance of the decision of the Hon'ble Supreme Court and this
Hon'ble Court.
c) Consequential relief or any other appropriate order
or direction as this Hon'ble Court deems fit in the facts and
circumstances of the case in the ends of justice and equity."
2. Heard learned counsel for the petitioner and learned
AGA for the respondents and perused the material on
record.
3. A perusal of the material on record will indicate that
the petitioner is running the subject educational institution
in Kannada medium from classes 8th, 9th and 10th
standards. It is an undisputed fact as borne out from the
material on record that in all the three classes i.e., 8th, 9th
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and 10th, petitioner - institution has two sections each, both
being run in Kannada medium on admitted grant-in-aid
code. Petitioner submitted an application / proposal
seeking change of medium of instructions in one section
out of two sections for 8th, 9th and 10th to English medium,
which was refused by respondent No.5 vide impugned
endorsement at Annexure - N dated 13.02.2024 and as
such, the petitioner is before this Court by way of the
present petition.
4. In addition to reiterating the various contentions
urged in the petition and referring to the material on record,
learned counsel for the petitioner invited my attention to the
impugned endorsement in order to point out that the same
is a bald, vague, cryptic, laconic, unreasoned and non-
speaking endorsement and the same deserves to be
quashed. It is also submitted that though petitioner had
placed reliance upon Rule 7 and Form Nos.3 and 4 of the
Karnataka Education Institutions (Classification and
Registration), Rules, 1997 and the Circular dated
05.09.2015 as well as judgment of the various Courts
including the Apex Court and this Court, the same has not
been considered by the respondents, who has proceeded
to reject the application / proposal, which deserves to be
quashed on this ground also.
5. Per contra, learned AGA for the respondents would
reiterate the various contentions urged in the Statement of
objections and supports the impugned endorsement and
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submits that there is no merit in the petition and that the
same is liable to be dismissed.
6. As rightly contended by learned counsel for he
petitioner, the impugned endorsement is a bald, vague,
cryptic, laconic, unreasoned and non-speaking
endorsement and that the judgment of the various Courts
including the Apex Court and this Court, Circular have not
been considered by respondent No.5 before issuing the
impugned endorsement, which is violative of principles of
natural justice warranting interference by this Court in the
present petition.
7. In the result, I pass the following:
ORDER
(i) The petition is hereby allowed.
(ii) The impugned endorsement at Annexure - N dated
13.02.2024 issued by respondent No.5 is hereby set aside.
(iii) Matter is remitted back to the concerned
respondent for reconsideration of the application / proposal
at Annexure - J dated 11.02.2023 submitted by the
petitioner.
(iv) The concerned respondent is directed to
consider the application / proposal at Annexure - J dated
11.02.2023 submitted by the petitioner, in accordance with
law bearing in mind Karnataka Education Institutions
(Classification and Registration), Rules, 1997 and the
Circular dated 05.09.2015 as well as judgment of the
various Courts including the Apex Court and this Court,
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etc., and take appropriate decision or pass appropriate
orders, within a period of one month from 28.04.2025.
(v) Petitioner shall appear before the concerned
respondent on 28.04.2025.
(vi) Liberty is reserved in favour of the petitioner
to file its reply, pleadings, documents, etc., before the
concerned respondent, who shall consider the same and
pass appropriate orders in accordance with law."
4. In pursuance of the said order, the respondents once
again proceeded to issue impugned endorsement at
Annexure-AC dated 13.05.2025 rejecting the
request/proposal of the petitioner for change of medium of
instruction from Kannada to English insofar as one Section
each in 8th, 9th and 10th standards and as such, the
petitioner is before this Court, by way of the present writ
petition.
5. Learned counsel for the petitioner would reiterate the
various contentions urged in the petition and refer to the
material on record in order to contend that in the absence
of specific bar/prohibition which prevents/prohibits the
petitioner from converting one Section each in 8th, 9th and
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10th Standards from Kannada medium to English medium
under the Karnataka Education Institutions (Classification
and Registration) Rules, 1997 (for short "1997 Rules), the
respondents committed an error in rejecting the request
for conversion submitted by the petitioner. It is also
pointed by the petitioner that though the respondents seek
to rely upon Rule 3 of 1997 Rules, which merely permits
registration of an Educational Institution, Rule 7 of 1997
Rules enables the petitioner to intimate change of
particulars and in the absence of any prohibition/bar in
this regard, the petitioner would be entitled to seek
change of medium of instruction for one Section each in
8th, 9th and 10th Standards from Kannada medium to
English medium. It is therefore submitted that the
impugned endorsement issued by the respondent-
Authorities deserves to be quashed and respondents be
directed to issue modified registration certificate in favour
of the petitioner.
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6. Per contra, learned HCGP for respondents would
reiterate various contentions urged in the statement of
objections and submits that in the event, the petitioner
intends to run Educational Institution under English
medium, the petitioner would have to obtain fresh
registration and DISE code and as such there is no merit
in the writ petition which is liable to be dismissed.
7. Before adverting to the rival submissions/
contentions, it would be necessary to extract Rule 3 and
Rule 7 of 1997 Rules:
"3. Procedure for Registration of
Educational Institution:- (1) The application for
registering an educational institution shall be filed
online on the IT portal of the department on or
before 30th November of the year preceding the
academic year in which the institution is to be
started in Form 1 with additional details and in the
manner, content and with supporting documents.
The registering authority for such application shall
be the authority notified by the Government for the
highest level of education sought to be imparted in
the institution:
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Provided that, the Government may allow a
subsequent date for filing such applications for
valid reasons but not beyond sixty days.]
[sub-rule(2) and the Table thereof substituted by
clause (ii) of the Amendment Rules, 2018, Notification No.ED
709 PGC 2017 (II), dated 7-3-2018]
(2) Every such application for registration to the
class of institutions specified in column (2) of the
table below shall be accompanied by a registration
fee and processing fee as specified in the
corresponding entry in column (3) and (4) thereof.
The registration fee shall be paid in the form of
account payee cheque or demand draft drawn
within one month from the date of application and
in favour of the registering authority. The demand
draft shall be made payable at the branch of Bank
located in the headquarters of the registering
authority or in the surrounding locality.
TABLE
(with effect from 11-11-2014 to 4-9-2015)
Sl. Registration Processing
Class of Educational Institutions
No. Fee Fee
(1) (2) (3) (4)
1. Pre-Primary School Rs.25000 Rs.10000
2. Class 1 to 5 Kannada Medium School Rs.25000 Rs.10000
3. Class 6 to 8 Kannada Medium School Rs.50000 Rs.20000
4. Class 6 to 8 English Medium School Rs.100000 Rs.20000
5. Class 9 & 10 Kannada Medium School Rs.50000 Rs.20000
6. Class 9 & 10 English Medium School Rs.100000 Rs.20000]
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TABLE
(with effect from 5-9-2015 to 17-1-2016)
Sl. Class of Educational Institutions Registration Processing
No. (Any Medium) Fee Fee
(1) (2) (3) (4)
1. Pre-Primary School Rs.25000 Rs.10000
2. Class 1 to 5 School Rs.25000 Rs.10000
3. Class 6 to 8 School Rs.50000 Rs.20000
4. Class 9 and 10 School Rs.50000 Rs.20000]
1. Substituted for the words "registration fees" by
Notification No.ED 709 PGC 2017(II) dated 7-3.2018 and
shall be deemed to have been substituted w.e.f.
11.11.2014.
2. Substituted for the word, brackets and figure "column
(3)" by Notification No.ED 709 PGC 2017(II) dated
7-3-2018 and shall be deemed to have been substituted
w.e.f. 11-11-2014.
3. Table substituted by Notification No.ED 709 PGC
2017(II), dated 7-3-2018 and shall be deemed to have
been substituted w.e.f. 11-11-2014.
4. Table substituted by Notification No.ED 709 PGC
2017(II), dated 7-3-2018 and shall be deemed to have
been substituted w.e.f. 5-9-2015.
TABLE
(with effect from 18-1-2016)
Sl. Class of Educational Institutions Registration and
No. Processing Fee
(1) (2) (3)
Pre-Primary School
1. BBMP Area Rs.10000
Urban Areas other than BBMP Rs.5000
Rural Areas Rs.2000]
[Sub-rule (2) and the Table thereof so substituted by clause
(ii), the following shall be substituted by clause (iii) of the
Amendment Rules, 2018, Notification No.ED 709 PGC
2017(II) dated 7-3-2018]
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(2) Every such application shall be accompanied with
payment of registration and processing fee, which shall be
paid online to the Consolidated Fund of the State
Government in the manner prescribed through a
notification. The amount of the registration and
processing fee shall be as detailed in the Table below:
TABLE
Sl. Class of Educational Institutions Registration and
No. (imparting education up to) Processing Fee
Pre-Primary Education only
BBMP Area Rs.15000
1.
Urban Areas other than BBMP Rs.7500
Rural Areas Rs.2500
2. Primary Education Rs.50000
3. Secondary Education Rs.100000
4. Higher Secondary Education Rs.125000]
1. Table substituted by Notification No.ED 709 PGC
2017(II), dated 7-3-2018 and shall be deemed to have
been substituted w.e.f. 18-1-2016.
2. Sub-rule (2) and the table substituted by Notification
No.ED 709 PGC 2017(II) dated 7-3-2018 w.e.f. 7-3-2018.
(3)(a) Registration and processing fee, once paid,
shall be valid for a period of three years from the date
of payment.
(b) If the applicant fails to obtain registration
within three years from the date of payment of the
Registration and processing fee, such fee shall not be
refunded for any reasons.]
(4) xxxxxx]
(4)(a) The registering authority shall verify the
suitability and eligibility of each application in
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accordance with the provisions of Section 31 and the
rules made thereunder. He shall issue to the
governing council registration certificate or the refusal
order, as the case may be within the time limit
specified in sub-section (3) of Section 31.
(b) The registration certificate shall be issued in
Form II (The registration shall be given for all classes
to be started in one academic year, in case such
application has been made, provided the institution
has established the prescribed infrastructure for the
same.]
(c) The refusal order shall indicate the reasons for
refusal, and shall be accompanied by the voucher or
refund of registration fee.
(d) The Governing Council in whose favour the
registration certificate is issued shall start the
institution and the standard during the academic year
as per specifications laid down in the registration
certificate and the date of starting shall be intimated
to the registering authority. Failure on the part of the
Governing Council to start the institution and the
standard during the specified academic year shall lead
to automatic cancellation of registration certificate and
on no account it shall stand valid for the subsequent
academic years.
7. Intimation of change:- (1) The
Governing Council of every private educational
institution shall intimate any change in the particulars
of the educational institution to the Registering
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Authority, in Form III. Such intimation shall be sent
by speed post or Registered Post Acknowledgement
Due or delivered in person in the office of the
registering authority.
(2) On receipt of intimation under sub-rule (1) and
upon such enquiry as it may deem necessary, the
Registering Authority may, by an order, require the
educational institution to surrender the registration
certificate.
(3) The surrendered certificate of registration shall
become the property of the Registering Authority. In
case of changes in the particulars of an educational
institution a new registration certificate shall be issued
in Form IV. The surrender and issue of new
Registration Certificate shall be entered in the register
of educational institutions maintained by the
Registering Authority both against the old registration
and the new registration."
8. A perusal of the aforesaid Rules will clearly indicate
that there is no bar/prohibition that prevents or prohibits
the petitioner from running the Educational Institution
under both English medium of instructions as well as
Kannada medium of instruction. In addition thereto, the
said Rules do not make any distinction/difference between
aided institutions or unaided institutions and as such, the
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reason assigned by the respondents that the petitioner
would be entitled to change/convert the medium of
instruction from Kannada to English only in cases of
unaided institutions and the same would not be applicable
to aided institutions cannot be accepted.
9. Learned counsel for the petitioner is also correct in
his submission that since the respondents themselves
have permitted the Government Schools to conduct
classes in both English and Kannada medium of
instruction, in the absence of any statutory provisions or
rule or regulations which discriminates between
Government Schools and Unaided/Aided Schools, by
invoking/applying the doctrine of parity, the respondents
themselves having permitted medium of instruction to be
both in Kannada and English are estopped from now
contending that the petitioner which is an Aided Institution
is not entitled to conduct classes in both Kannada and
English medium and the said contention of the
respondents cannot be accepted.
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10. Under these circumstances, having regard to the
reasons assigned by the respondents in refusing to permit
conversion of medium of instruction in relation to clauses
8th, 9th and 10th Standards in respect of one section each
from Kannada to English, I am of the considered opinion
that the impugned endorsement deserves to be quashed
and the respondents are to be directed to issue modified
registration by permitting the petitioner to conduct classes
in one Section each in 8th, 9th and 10th Standards in
Ganapathi High School, Hebbur in both Kannada medium
and English medium by issuing certain directions in this
regard.
11. Accordingly, I pass the following:
ORDER
(a) The writ petition is allowed.
(b) The impugned endorsement bearing
No.C£ÀÄ2.£Áå.zÁ.ºÀÆ.§.29/2024-25/389 dated 13.05.2025
(Annexure-AC) is hereby quashed.
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(c) The respondents are directed to issue modified
Registration Certificate in favour of the petitioner,
permitting the petitioner-Institution to run/conduct one
Section each in 8th, 9th and 10th Standards in both English
medium as well as Kannada medium and issue necessary
documents in this regard in favour the of petitioner, within
a period of four weeks from the date of receipt of a copy of
this order.
SD/-
(S.R.KRISHNA KUMAR)
JUDGE
MPK
CT:bms
List No.: 1 Sl No.: 13
