[Cites 1, Cited by 0]
Karnataka High Court
Master Yashwanth K vs State Of Karnataka on 9 April, 2026
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WA No. 1336 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF APRIL, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT APPEAL NO. 1336 OF 2025 (EDN-RES)
BETWEEN:
1. MASTER YASHWANTH K
S/O. KRISHNAPPA, AGED ABOUT 16 YEARS
R/AT KALKERI, BANNERGHATTA ROAD
BENGALURU - 560 083
REPRESENTED BY HIS NATURAL GUARDIAN
KRISHNAPPA ALIAS KRISHNA
...APPELLANT
(BY SRI STEEPHEN MATHEW, ADVOCATE FOR
SRI KARUNAKARA P., ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally REPRESENTED BY ITS SECRETARY
signed by
SRIDEVI S DEPARTMENT OF EDUCATION AND
Location: SCHOOL AND LITERACY
High Court VIDYA SOUDHA, DR. AMBEDKAR VEEDHI
of Karnataka BENGALURU - 560 001
2. CENTRAL BOARD OF SECONDARY EDUCATION
HAVING ADDRESS AT: SRHRIKSHA KENDRA 2,
COMMUNITY CENTRE, PREET VIHAR
NEW DELHI - 110 092
REPRESENTED BY ITS CHAIRMAN
3. THE BLOCK EDUCATION OFFICER
ANEKAL TALUK
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WA No. 1336 of 2025
HC-KAR
BENGALURU RURAL DISTRICT - 560 002
4. DIRECTOR OF PRIMARY EDUCATION OFFICE
BANGALORE SOUTH DISTRICT
KALASIPALYA
BANGALORE - 560 002
5. DEPUTY DIRECTOR OF PRIMARY
SCHOOL EDUCATION
BANGALORE SOUTH DISTRICT
BANGALORE - 560 001
6. THE SAMHITHA ACADEMY
LAKSHMIPURA VILLAGE
BANNERUGHATTA ROAD
BANGALORE - 560 083
...RESPONDENTS
(BY SMT. NAMITHA MAHESH B.G., AGA FOR R-1 & 3 TO 5;
SRI SHAILENDRA M.R., ADVOCATE FOR R-2 &
SRI BADRI VISHAL, ADVOCATE FOR R-6)
THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE ORDER
DATED 17/07/2025 PASSED BY THE LEARNED SINGLE JUDGE IN
WRIT PETITION NO.36368/2024 AND ALLOW THE WRIT PETITION &
ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant has filed the present appeal impugning an
order dated 10.07.2025 passed by the learned Single Judge of this
Court in W.P.No.36368/2024, inter alia, praying that directions be
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HC-KAR
issued to respondent No.3 to admit the petitioner in respondent
No.6 - School in the 9th standard. The impugned order is a common
order passed in the said writ petition as well as WP.No.14232/2023
(EDN-RES).
2. The appellant had filed the said writ petitions praying that he
be admitted in the respondent No.6 - School in the 9th standard.
Respondent No.6 had filed WP.No.14232/2023 calling into
question the memorandum dated 04.07.2023 issued by respondent
No.3 (Block Educational Officer) and further praying for a
declaration that the appellant is not entitled for promotion to Class
9th grade in the respondent No.6 - School. Both the aforesaid
petitions were disposed of on the ground that the appellant was
aged about 16 years and therefore the Right of Children to Free
and Compulsory Education Act, 2009 [the RTE Act] was not
applicable. The controversy raised on merits was not addressed.
3. It is the appellant's case that he is ready and willing to take
admission in the 9th standard as a non-RTE student and does not
claim any benefits under the RTE Act.
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4. It is the respondent No.2's stand that although the appellant
had completed his 8th standard, he could not be promoted to the 9th
standard as he had failed to clear the examinations.
5. It is common ground that the appellant could not be withheld
in the 8th Standard. However, the respondent claims that as per the
scheme of the Central Board of Secondary Education, to which
respondent No.6 School is affiliated, the student who has not
cleared the examination in 8th standard could not be promoted to
the 9th standard.
6. After some arguments, the learned counsel for the appellant
submits that the appellant will be satisfied if he is permitted to
appear for a re-examination and subject to his clearing the re-
examination, promoted to 9th standard. Respondent No.6 - School
has filed in memo, which reads as under:
"The Petitioner and Respondent No. 6 submits
as hereunder:
1. The Respondent No. 6 would provide an
opportunity to the Appellant to take a reexamination of
class VIII in those subjects he has secured grade E.
The same would be conducted in the end of April 2026.
2. In the event the Appellant does not obtain any
grade above grade E in the re-examination, he shall be
issued a Transfer Certificate ("TC") with a remark
"Completed".
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3. The appellant shall withdraw all the complaints
made before various authorities, and undertakes not to
agitate by filing complaints on this issue hereafter.
WHEREFORE, this Hon'ble Court may kindly be
pleased to take this memo on record, in the interest of
justice and equity."
7. The learned counsel appearing for the appellant also states
that he has obtained the necessary instructions and the appellant is
agreeable to the said terms as set out in the memo and as noted
above. In the event, the appellant fails to clear the re-examinations,
he would accept the transfer certificate as issued by respondent
No.6 and pursue his education in another school/institution.
8. In view of the above, we do not consider it necessary to
examine the questions raised in the present appeal. However, we
clarify that so far as the appellant's grievance / case against
respondent No.6 is concerned, the same stands closed in terms of
this order.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C.M. POONACHA)
JUDGE
SD, List No.: 2 Sl No.: 14
