Karnataka High Court
Shree Padmavathi Vidya Samsthe vs The State Of Karnataka on 14 October, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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WP No. 14966 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 14966 OF 2025 (EDN-RES)
BETWEEN:
SHREE PADMAVATHI VIDYA SAMSTHE,
SRI. MUTT ROAD,
SHRAVANABELAGOLA,
CHANNARAYAPATTANA TALUK,
HASSAN DISTRICT.
REP. BY ITS SECRETARY,
SRI. JEEVAN A.R.
...PETITIONER
(BY SRI. SRIKANTH M. P., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
SCHOOL EDUCATION DEPARTMENT,
Digitally signed by
AASEEFA PARVEEN M.S.BUILDING,
Location: HIGH BANGALORE - 560 001.
COURT OF
KARNATAKA 2. THE COMMISSIONER,
SCHOOL EDUCATION AND
LITERACY DEPARTMENT,
NEW PUBLIC OFFICES,
NRUPATHUNGA ROAD,
K.R.CIRCLE,
BANGALORE - 560 001.
3. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
SCHOOL EDUCATION AND
LITERACY DEPARTMENT,
PRIMARY EDUCATION,
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NEW PUBLIC OFFICES,
NRUPATHUNGA ROAD,
K.R.CIRCLE,
BANGALORE - 560 001.
4. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
SCHOOL EDUCATION AND LITERACY DEPARTMENT,
SECONDARY EDUCATION,
NEW PUBLIC OFFICES,
NRUPATHUNGA ROAD,
K.R.CIRCLE,
BANGALORE - 560 001.
5. THE DEPUTY DIRECTOR,
NEXT TO D.C.OFFICE,
HASSAN DISTRICT- 573 201.
6. THE BLOCK EDUCATION OFFICER,
SCHOOL EDUCATION AND
LITERACY DEPARTMENT,
CHANNARAYAPATTANA,
HASSAN DISTRICT- 573 116.
...RESPONDENTS
(BY SRI. MANJUNATH K., ADVOCATE FOR R1 TO R6)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER BEARING NO. ANU-3/PRA SHI AYU DOORU/111/
2024-25 DATED 14.05.2025 ISSUED BY THE R-5 VIDE ANNX-J
AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
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WP No. 14966 of 2025
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ORAL ORDER
In this petition, petitioner seeks the following reliefs:
"a) Quash the impugned order bearing No.ANU-
3/PRA SHI AYU DOORU/111/2024-25 dated
14.05.2025 issued by the 5th respondent vide
Annexure-K.
b) 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 Sri.M.P.Srikanth learned counsel for the
petitioner, Sri.Manjunath.K learned HCGP for the respondents and
perused the material on record.
3. A perusal of the material on record will indicate that the
petitioner started running/conducting classes for I standard to VIII
standard under the State syllabus of the respondents at premises
situated at Mutt Road, Shravanabelagola. Subsequently, due to
lack of adequate space, the petitioner intended to conduct
additional classes pertaining to Class IX and Class X at nearby
premises situated at Channarayapattana Road, Shravanabelagola,
which was situated very close to the premises of the petitioner at
Mutt Road, Shravanabelagola. The petitioner requested the
respondents to permit the petitioner to run additional classes at its
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premises at Channarayapattana Road, Shravanabelagola.
However, the respondents issued a notice dated 28.03.2025 calling
upon the petitioner to show cause as to why the recognition and
registration should not be withdrawn and cancelled on the ground
that the petitioner had shifted the entire Institution from its premises
at Mutt Road, Shravanabelagola to a different premises at
Channarayapattana Road, Shravanabelagola. The petitioner
submitted its reply dated 28.04.2025 to the aforesaid show cause
notice, specifically stating that the petitioner continued to
conduct/run class I to class VIII at the premises at Mutt Road and
that the petitioner intended to conduct additional classes at the
premises Channrayapattana Road, Shravanabelagola. It is the
grievance of the petitioner that despite the petitioner specifically
contending that it had not shifted its premises from its institution
from Mutt Road to Channarayapattana Road, the respondents
have proceeded to pass the impugned order at Annexure-K dated
14.05.2025 purporting to withdraw the registration and recognition
of the petitioner/Institution who subsequently submitted a
representation at Annexure-R dated 22.05.2025 and the same
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having not been considered by the respondents, the petitioner is
before this Court by way of the present petition.
4. The respondents have filed their statement of
objections opposing the petition to which the petitioner has filed the
rejoinder, reiterating the various contentions urged in the petition
and denying the allegations and claim of the respondents and
placing reliance upon the judgment of this Court in the case of
NOOLLI CHANNAYYA SMARAKA VS STATE OF KARNATAKA AND
OTHERS, in ILR 2004 KAR 4133.
5. A perusal of aforesaid facts and circumstances and
material on record will indicate that though the petitioner had taken
up a specific contention that it had not shifted the entire Institution
and its classes from the premises Mutt Road to the premises at
Channarayapattana Road, the said contention and claim of the
petitioner had not been considered by the respondents at the time
of passing the impugned order, which has been passed without
providing sufficient and reasonable opportunity to the petitioner. In
fact though the petitioner has specifically contented that it is only
running additional classes in the premises at Channaraypattana
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Road and had not shifted the premises from Mutt Road to
Channarayapattana Road, the reasons for cancellation cited in the
impugned order are cryptic, laconic, non-speaking and
unreasoned, thereby violating principles of natural justice and in the
light of the principles laid down by this Court in Noolli Channayya
Smaraka's case supra coupled with the fact that the representation
at Annexure-R dated 22.05.2025 has not been considered by the
respondents, I deem it just and appropriate to set aside the
impugned order and remit the matter back to respondent No.4 for
reconsideration of claim of the petitioner afresh in accordance with
law.
6. In the result, I pass the following:
ORDER
(i) The petition is hereby allowed.
(ii) The impugned order bearing No.ANU-3/PRA SHI AYU
DOORU/111/2024-25 at Annexure-K dated 14.05.2025
is hereby set aside.
(iii) Matter is remitted back to respondent No.5 for
reconsideration of the claim to the petitioner afresh in
accordance with law.
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(iii) The concerned respondent shall conduct fresh/new
inspection of the premises of the petitioner at both Mutt
Road, Shravanabelagola and Channarayapattana
Road, Shravanabelagola and reconsider the claim of
the petitioner afresh in accordance with law after
providing sufficient and reasonable opportunity to the
petitioner.
(iv) Liberty is reserved in favour of petitioner to submit
additional pleadings, representations, documents etc.,
which shall be considered by the concerned
respondent to proceed further in accordance with law.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
DS
CT:TSM
