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Karnataka High Court
Chanakya Bharathi Trust vs State Of Karnataka on 1 April, 2026
-1-
NC: 2026:KHC:17923
WP No. 21189 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO. 21189 OF 2025 (EDN-RES)
BETWEEN:
CHANAKYA BHARATHI TRUST
REGISTERED UNDER THE TRUSTS ACT,
HAVING REGISTERED OFFICE AT #42 AND #43,
"ANANDGIRI", 6TH AND 7TH CROSS,
OPPOSITE HILL TEMPLE,
NEAR SUMANGALI SEVA ASHRAM MAIN ROAD,
RT.NAGAR PO,
BENGALURU - 560 032,
REPRESENTED BY ITS
AUTHORIZED REPRESENTATIVE
MR. RAMESH SHETTY.
...PETITIONER
(BY SMT. VAMSHI KRISHNA C., ADVOCATE &
SRI. KARITHIKA RAVEENDRAN NAIR, ADVOCATE)
Digitally signed AND:
by CHAYA S A
Location: HIGH
COURT OF 1. STATE OF KARNATAKA
KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
PRIMARY AND SECONDARY EDUCATION,
M.S. BUILDING,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS
NEW PUBLIC OFFICES,
NRUPATHANGA ROAD,
BENGALURU - 560 001.
-2-
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WP No. 21189 of 2025
HC-KAR
3. THE DIRECTOR OF PUBLIC INSTRUCTIONS
NEW PUBLIC OFFICES,
NRUPATHANGA ROAD,
BENGALURU - 560 001.
4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
KG ROAD,
BENGALURU NORTH DISTRICT,
BENGALURU - 560 001.
5. THE BLOCK EDUCATION OFFICER
18TH MAIN ROAD, MALLESHWARAM,
BENGALURU NORTH ZONE,
BENGALURU - 560 001.
...RESPONDENTS
(BY SMT. SUKANYA BALIGA B., AGA)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
NOTIFICATION DATED 01.04.2025 BEARING NO.A7/ANADI/
SHALE/STALANTARA/2292/2016-17 (ANNEXURE-Y) PASSED BY
THE RESPONDENT NO.5 BY ISSUING A WRIT OF CERTIORARI
OR ANY OTHER ORDER OR WRIT AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
In this Writ Petition, the petitioner is assailing the
Notification/Endorsement dated 01.04.2025 (Annexure -
Y) and the Cancellation order dated 06.02.2024 quashing
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the Notification/Notice dated 12.02.2024 (Annexure - V),
issued by the respondent No.5 and to further sought for
quashing the Notification/Endorsement dated 05.05.2025
(Annexure - Z) issued by respondent No.4.
2. Heard the learned counsel appearing for the
parties.
3. It is submitted by the learned counsel
appearing for the petitioner that the recognition was
accorded to the petitioner's school as per the letter dated
20.08.2022 issued by the respondent No.2 (Annexure - S)
and also, accorded permission for the transfer of the
school, subject to certain conditions specified at
Annexure - S to the petition. In the backdrop of the
aforementioned aspects, the impugned Endorsement
dated 01.04.2025 has been issued by the respondent
No.5, de-recognising the petitioner's school erroneously
under Section 39(2) of the Karnataka Education Act, 1983
(for short 'the Act') and as such sought for interference of
this Court.
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4. It is also submitted by the learned counsel
appearing for the petitioner - school that before de-
recognising the school, the petitioner has not been heard
in the matter and therefore, sought for interference of this
Court.
5. Per contra, Smt. Sukanya Baliga B., learned
Additional Government Advocate sought to justify the
impugned action by the respondent-authorities.
6. In the light of the submissions made by the
learned counsel appearing for the parties and on perusal
of Annexure - S dated 20.08.2022, whereby the
respondent No.2 has accorded permission for transfer of
the school subject to certain conditions specified therein.
It is submitted by the learned counsel appearing for the
petitioner that the petitioner has complied with the
conditions referred to at Annexure - S to the petition. In
the backdrop of these aspects, a perusal of the
Endorsement dated 01.04.2025 (Annexure - Y) indicate
that the respondent No.5 has stated that the petitioner -
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school has been transferred without permission from the
respondent - authorities, consequently, de-recognised the
petitioner's school.
7. The reasons assigned by the respondent No.5
at Annexure - Y, that the school has been transferred
without complying the provisions under Section 34 read
with Section 39(2) of the Act. A perusal of the writ petition
would indicate that, the respondents have not given
opportunity of hearing to the petitioner's school before
de-recognising the school while passing the impugned
Endorsement dated 01.04.2025 at Annexure - Y. Even
though reasons assigned at Annexure - Y dated
01.04.2025 suggesting that the school has been
transferred without permission, however, the respondent
No.2 has already passed an order at Annexure - S,
accepting the reasons with respect to the transfer of the
school concerned. In that view of the matter, I find force
in the submissions made by the learned counsel appearing
for the petitioner that the impugned Endorsement dated
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01.04.2025 based on the letter dated 06.02.2024, by the
respondent No.4 has been passed without hearing the
petitioner.
8. In that view of the matter, I am of the opinion
that the respondent-authorities has to provide an
opportunity of hearing to the petitioner before
de-recognising the petitioner's school is concerned.
9. Accordingly, I pass the following:
ORDER
i) The Writ Petition is allowed.
ii) It is hereby set aside the impugned
Notification/Endorsement dated 01.04.2025
(Annexure - Y) passed by the respondent No.5,
notification dated 12.02.2024 (Annexure - V)
passed by the respondent No.5 and
Notification/Endorsement dated 05.05.2025
(Annexure - Z) passed by respondent no. 4.
iii) It is made clear that the respondents shall take
decision against the petitioner's school by
considering the letter dated 20.08.2022
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(Annexure - S) issued by the respondent No.1
and also consider the compliance made
thereunder by the petitioner before resorting to
such action as to derecognize the school.
In view of allowing the Writ Petition, the respondent -
authorities are directed to issue the SATS (Student
Achievement Tracking Score) to the petitioner's school
within two (2) weeks from the date of receipt of this order.
In view of the allowing of the Writ Petition,
I.A.No.1/2025 and I.A.No.2/2025 does not survive for
consideration and accordingly disposed of.
SD/-
(E.S.INDIRESH)
JUDGE
KLV
List No.: 1 Sl No.: 32
