Karnataka High Court
Vyasa Educational And Cultural Trust vs P. Sridhanya on 5 November, 2025
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WA No. 2560 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE JAYANT BANERJI
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT APPEAL NO. 2560 OF 2019 (EDN-RES)
BETWEEN:
1. VYASA EDUCATIONAL AND CULTURAL TRUST
BEING A PUBLIC CHARITABLE
TRUST UNDER INDIAN TRUST ACT, 1882 ACT
HAVING ITS OFFICE AT SURVEY NO.101/2,
DODDABOMMASANDRA,
BEL NORTH GATE, VIDYARANYAPURA POST,
BENGALURU-560 097,
REPRESENTED BY ITS CHAIRMAN,
MR. V. SRINIVASA RAJU
Digitally 2. VYASA INTERNATIONAL SCHOOL
signed by K G SURVEY NO.101/2,
RENUKAMBA DODDABOMMASANDRA,
Location: BEL NORTH GATE, VIDYARANYAPURA POST,
HIGH COURT BENGALURU-560 097,
OF REPRESENTED BY AUTHORIZED SIGNATORY
KARNATAKA MR V S KRISHNAN
...APPELLANTS
(BY SRI. G L VISHWANATH, SR. ADV. FOR
SMT. MANASA B RAO, ADVOCATE)
AND:
1. P. SRIDHANYA
AGED ABOUT 4 YEARS,
REP. BY HER NATURAL GUARDIAN & MOTHER
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SMT. SRILEKHA
W/O. PRASHANT PARAMATMUNI,
AGED ABOUT 28 YEARS,
R/AT #45/66, FLAT A3,
HIGHTECH AQUARIUS APARTMENTS,
LKR NAGAR, DEVI NAGAR,
BENGALURU - 560 094.
2. AARUSH DESAI
AGED ABOUT 8 YEARS,
REP. BY HIS NATURAL GUARDIAN & MOTHER,
SMT. POONAM DESAI,
W/O. MANISH DESAI,
AGED ABOUT 36 YEARS,
R/AT 35, KRISHINAGAR,
7TH CROSS, UAS LAYOUT, RMV II STAGE,
BENGALURU-560 094.
3. NIDHI. N
AGED ABOUT 7 YEARS,
REPRESENTED BY HER NATURAL GUARDIAN AND
MOTHER,
SMT. MAMATHA. V. P.,
W/O. NANDEESH KUMAR. C. B.,
AGED ABOUT 37 YEARS,
R/AT NO.72, 4TH MAIN,
1ST CROSS, BALAJI LAYOUT,
VIDYARANYAPURA,
BENGALURU-560097.
4. HRITHIKESH N
AGED ABOUT 12 YEARS,
REP. BY HIS NATURAL GUARDIAN AND MOTHER,
SMT. MAMATHA. V. P.,
W/O. NANDEESH KUMAR. C. B.,
AGED ABOUT 37 YEARS,
R/AT NO.72, 4TH MAIN,
1ST CROSS, BALAJI LAYOUT,
VIDYARANYAPURA,
BENGALURU-560 097.
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5. SAKSHAM P. JAIN
AGED ABOUT 11 YEARS,
REP. BY HIS NATURAL GUARDIAN AND MOTHER,
SMT. SUNITHA. P. JAIN,
W/O. J.B. PADAM KUMAR,
AGED ABOUT 45 YEARS,
R/AT NO.98, VISHWAS MANSION,
FLAT NO.201 B, 2ND FLOOR,
4TH MAIN, 5TH CROSS,
N.G.E.F. LAYOUT, SANJAY NAGAR,
BENGALURU-560 094.
6. AJAY ANAND
AGED ABOUT 13 YEARS,
REP. BY HIS NATURAL GUARDIAN & MOTHER,
SMT. P. S. ABHIRAMI,
W/O. A. P. RAJU,
AGED ABOUT 43 YEARS,
R/AT 250, 8TH CROSS,
5TH MAIN, TATA NAGAR,
BENGALURU-560 092.
7. STATE OF KARNATAKA
RERPESENTED BY ITS SECRETARY
DEPARTMENT OF PRIMARY AND SECONDARY
EDUCATION, M S BUILDING,
BENGALURU-560001
8. THE COMMISSIONER
DEPARTMENT OF PUBLIC INSTRUCTIONS
NRUPATHUNGA ROAD,
BENGALURU-560001
9. DIRECTOR OF PUBLIC INSTRUCTIONS
OFFICE OF THE COMMISSIONER OF PUBLIC
INSTRUCTIONS
NRUPATHUNGA ROAD,
BENGALURU-560001
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10. THE DEPUTY DIRCTOR OF PUBLIC
INSTRUCTIONS
BENGALURU NORTH, K G ROAD
BENGALURU-560009
11. THE BLOCK EDUCATION OFFICER
BENGALURU NORTH ZONE 4
YELAHANKA,
BENGALURU-560064
12. KARNATAKA STATE COMMISSION
FOR PROTECTION OF CHILD RIGHTS
REP. BY ITS CHAIRPERSON,
4TH FLOOR, KRISHI BHAVAN
NRUPATHUNGA RAOD,
RANI CHENNAMMA CIRCLE
BENGALURU-560002
...RESPONDENTS
(BY SRI. H R NARAYANA RAO, ADV. FOR R1 TO T6;
SRI. BHOJEGOUDA T KOLLER, AGA FOR R7 TO R11;
SMT. M GEETHA, ADV. FOR R12)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ALLOW THE PRESENT APPEAL
BY SETTING ASIDE ORDER DATED 10/07/2019 PASSED BY THE
LEARNED SINGLE JUDGE IN WP NOS.24310-24315/2019 AND
CONSEQUENTLY ALLOW THE SAID APPEAL.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI
and
HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
Under challenge in the instant appeal is a judgment of the
learned Judge dated 10.07.2019 passed in
W.P.Nos.24310-24315/2019 (EDN-RES). It appears that the
aforesaid writ petitions was filed against a Private Unaided
Educational Institution, which is the appellant herein, seeking
the following reliefs:
"i) Issue appropriate Writ/Order/ Direction holding that
the respondent Nos.7 and 8 are not entitled in law to
issue manual Transfer Certificates to the petitioners
and therefore quash the Transfer Certificates at
Annexures B to B5 enclosed to the letters all dated
03.04.2019 at Annexures A to A5;
ii) Issue appropriate Writ/Order/ Direction to the
respondent Nos.1 to 5 to implement the order
bearing No.KSCPCR/50-05/2019/2019-20 dated
21.05.2019/ 30.05.2019 issued by respondent No.6
at Annexure-F;
iii) Issue a Writ of Mandamus directing the respondent
Nos.7 and 8 to forthwith give admissions to the
petitioners for the academic year 2019-20 to their
respective classes;
iv) Pass such other orders as this Hon'ble Court deems
fit under the facts and circumstances of the case,
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including the award of costs, in the interest of
justice and equity."
2. The learned single Judge, after considering the
applicability of the Right to Education Act read in conjunction
with Article 21A of the Constitution, issued the following
directions:
"1. Issue of Transfer Certificates by the
Respondent Nos.7 & 8 at Annexures - B to B5 to the
petitioners without the request of their parents are held
to be unsustainable.
2. The Respondent Nos.7 & 8 shall admit the
petitioners to their respective classes subject to their
respective parents paying 75% of the total fees relating
to the academic year 2018-2019 and 75% of first
installment of the fees for the present academic year
within seven days from to-day.
3. The parents of the petitioners shall not
indulge in any derogatory act to bring down the morale
of the Staff and disturb the conductive atmosphere of
the Respondent - School.
4. It is needless to observe that the payment of
fees shall be subject to result of W.P.Nos.52083-
52084.2018. "
3. When this writ appeal came up for admission on
24.07.2019, the following order was passed:
"Considering the fact that a prima-facie case is
made out on the question whether a writ could have
been issued against the appellants, these appeals will
require final hearing.
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Accordingly, the appeal is admitted.
2. We have heard the learned counsel appearing
for the appellants on the prayer for the interim relief.
3. Prima-facie, it appears that there is merit in
the contention of the appellants that the obligation
under Article 21-A of the Constitution of India is that of
the State and not the appellants. Prima-facie, there is a
substance in the arguments that a writ of mandamus
could not have been issued against the appellants.
4. However, considering the fact that we are
dealing with six students, who are studying in the
school run by the second appellant, a workable interim
arrangement will have to be made with a view to ensure
that the students do no suffer. It will be very difficult for
the students (first to sixth respondents) to secure
admission in some other school as the term has already
started. Prima-facie, there is merit in the contention
that the students are required to pay only 75% of the
fee charged by the appellants. However, admittedly, the
parents of the first to sixth respondents have not paid
the fees for the last academic year and for this
academic year.
5. The parents of the first to sixth respondents
have tendered undertaking affidavits across the Bar. In
the affidavits, they have referred to banker's cheques
being kept ready representing 75% of the total fee
payable by them for the academic year 2018-19. They
have also referred to the Demand Drafts/cheques being
kept ready representing the first installment of 2018-19
75% of the fees payable for the academic year
2019- 20. They have stated that they have kept ready,
postdated cheques covering two further installments of
fees.
6. According to the learned counsel appearing for
the appellants, the figures mentioned in the undertaking
affidavits are correct.
7. Considering that a strong prima-facie case is
made out, in normal course, the appellants would have
been entitled for stay of execution of the impugned
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order. As stated earlier, the career of the first to sixth
respondents is at the stake and therefore, though we
inclined to grant stay, we propose to do it by permitting
the first to sixth respondents to continue the education
in the second appellant school only for the academic
year 2019-20.
8. The perusal of the documents on record shows
that large number of complaints were made by the
parents including the parents of the first to sixth
respondents which ultimately resulted in the State
Government passing an order dated 3rd June 2019 of
canceling of 'No Objection Certificate' granted by the
State Government to the second appellant School. By
the said order, a recommendation is made for
cancellation of affiliation granted by the Central Board of
Secondary Education, New Delhi (CBSE).
9. As noted earlier, we are moulding the relief
taking into consideration the fact that if the first to sixth
respondents are now forced to take admission in other
school, their educational career will be adversely
affected.
10. There are undertakings incorporated in the
undertaking affidavits of the parents of first to sixth
respondents. These undertakings will have to be abided
by. We accept the undertakings.
11. Postdated cheques representing the second
and third installments of fees payable during the current
academic year are also kept ready by the parents.
12. Prima-facie, it appears to us that a situation
has been created due to the complaints made by the
parents by which the State Government has cancelled
the 'No Objection Certificate' and on the basis of said
order, there may be a possibility of CBSE canceling the
affiliation granted to the second appellant School. On
one hand, the parents of the first to sixth respondents
have contended before the learned Single Judge that
their respective children should continue to take
education in the second appellant school and on the
other hand, they have filed complaints which may result
in the closure of the school, which will adversely affect
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more than 800 students as well as the teaching and
non-teaching staff. It is in the interests of the first to
sixth respondents that their parents show restraint. If
they show restraint, it will ensure that their children can
peacefully study in the school for the present academic
year.
13. We, therefore, propose to impose another
condition in addition to the undertakings of the parents
directing them to address a letter to the Education
Department (Services) of the Government of Karnataka
recording that they have no objection if the order dated
3rd June 2019 canceling the 'No Objection Certificate' is
withdrawn and that they are withdrawing the complaints
on the basis of which the said order was made by the
State Government. We propose to direct that only after
a true copy of such a letter bearing acknowledgment of
the concerned authorities is produced by the parents of
the first to sixth respondents in the Office of the second
appellant that admissions shall be granted to the first to
sixth respondents to continue the education only for the
present academic year. In the meanwhile, the demand
drafts/cheques/postdated cheques referred in the
undertaking affidavits of the parents of the first to sixth
respondents are handed over to the learned counsel
appearing for the appellants, which are accepted by the
learned counsel appearing for the appellants without
prejudice to the rights and contentions of the appellants
and subject to the compliance to be made by the
parents of the first to sixth respondents.
14. We hope and trust that neither the
appellants, nor the parents of the first to sixth
respondents will do something which will affect the
education of the first to sixth respondents.
15. Accordingly, we dispose of the application for
interim relief by passing the following order:
a) There will be stay of the execution
and operation of the impugned order subject
to condition of the appellants admitting the
first to sixth respondents to the second
appellant-school only for the present
academic year i.e., 2019-20 subject to the
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parents of the first to sixth respondents
complying with the following conditions:
i) The parents shall abide by the
undertakings contained in the
undertaking affidavits tendered across
the Bar today; and
ii) The parents of the first to sixth
respondents shall address a
letter/letters to the Education
Department (Services) of the
Government of Karnataka stating
therein that they have no objection for
recall of the order dated 3rd June 2019
canceling the No 'Objection Certificate'
granted by the State Government to
the second appellant and that the
parents shall withdraw the complaints
on the basis of which the said order
dated 3rd June 2019 was passed by
the State Government.
b) The second appellant-School
shall admit the first to sixth
respondents only for the current
academic year (2019-20) immediately
on production of photocopy of the
office copy of the letter/letters as
aforesaid bearing the
acknowledgement of the State
Government authorities in the Office
of the second appellant;
c) We make it clear that the first to
sixth respondents are permitted under
this order to continue in the school
only for the present academic year
i.e., 2019-20 and that also subject to
compliance as aforesaid and only in
the light of the undertakings given by
their parents in the undertaking
affidavits;
d) Before the completion of the
academic year, the appellant-School
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shall issue fresh Transfer Certificates
(TC) to the first to sixth respondents
and hand over the same to their
respective parents;
e) We also make it clear that
notwithstanding this order, necessary
compliances will have to be made by
the appellants as regards 3rd and 5th
grounds mentioned in the order dated
3rd June 2019 passed by the State
Government;
f) We make it clear that even if the
copy of this order is not available, on
the parents producing copies of the
letters aforesaid, the appellant,-
School shall admit the first to sixth
respondents in terms of the above
order."
4. As is evident from perusal of the order of
24.07.2019, by way of an interim order, this Court moulded the
relief in the interest of the six students on whose behalf
complaints were made to the State Government leading to
passing of the order impugned in the writ petition by the CBSE
Board. The complaints resulted in the State Government
passing an order of 03.06.2019 cancelling the 'No Objection
Certificate' granted by it and recommendation was made for
cancellation of affiliation granted by the CBSE. Directing
furnishing of undertakings by the parents of the six students,
which were filed and taken on record, the undertakings were
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accepted by the Court and it was directed that they have to be
abided by. Further directions were also issued. As is evident
from perusal of the aforesaid order, the application for interim
relief was disposed of, in view of the directions contained
therein. The appellant - School was directed to issue fresh
transfer certificates to the six students and hand over the same
to the parents. The six students were permitted to continue in
the school only for the academic year 2019-20.
5. It is also evident from the interim order that
direction was given to the parents of the six students to
address letters to the Education Department (Services) of the
Government of Karnataka stating therein that they have no
objection for recall of the order dated 03.06.2019 cancelling the
'No Objection Certificate' granted by the State Government to
the second appellant and that the parents shall withdraw the
complaints on the basis of which the order dated 03.06.2019
was passed by the State Government.
6. Learned counsel for the appellants states that the
six students had taken the transfer certificates and had left the
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school in terms of the aforesaid interim order. It is also stated
that to the best of the knowledge of the appellants, they had
obtained admission in another school.
7. It appears that the order dated 03.06.2019,
cancelling the 'No Objection Certificate' granted by the State
Government to the second appellant would have lost its efficacy
in view of withdrawal of the complaints by the complainants.
The interim order dated 24.07.2019 is confirmed and this
appeal accordingly stands disposed of. The questions of law
raised by the appellants are left open to be decided in an
appropriate case.
Sd/-
(JAYANT BANERJI)
JUDGE
Sd/-
(K. V. ARAVIND)
JUDGE
KG
