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The State Of Karnataka vs Shri Annappa Teradal Grameen ...
2026 Latest Caselaw 904 Kant

Citation : 2026 Latest Caselaw 904 Kant
Judgement Date : 5 February, 2026

[Cites 0, Cited by 0]

Karnataka High Court

The State Of Karnataka vs Shri Annappa Teradal Grameen ... on 5 February, 2026

                                                 -1-
                                                          NC: 2026:KHC-D:1693-DB
                                                          WA No. 100648 of 2025


                      HC-KAR


                           IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

                               DATED THIS THE 5TH DAY OF FEBRUARY, 2026

                                               PRESENT

                                   THE HON'BLE MR. JUSTICE M.I.ARUN

                                                 AND

                            THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

                               WRIT APPEAL NO. 100648 OF 2025 (EDN-RES)


                      BETWEEN:

                      1.   THE STATE OF KARNATAKA,
                           REPRESENTED BY ITS
                           PRINCIPLE SECRETARY TO GOVT.,
                           DEPARTMENT OF SCHOOL EDUCATION
                           AND LITERACY PRE UNIVERSITY,
                           VIDHANA SOUDHA, BENGALURU - 560 001.

                      2.   THE DIRECTOR DEPARTMENT OF
                           SCHOOL EDUCATION,
                           PRE UNIVERSITY AND LITERACY,
Digitally signed by
VISHAL NINGAPPA            18TH CROSS, MALLESHWARAM,
PATTIHAL
Location: High
                           BENGALURU - 560 012.
Court of Karnataka,
Dharwad Bench,
Dharwad               3.   THE JOINT DIRECTOR,
                           DEPARTMENT OF SCHOOL EDUCATION
                           PRE UNIVERSITY AND LITERACY,
                           18TH CROSS, MALLESHWAEAM,
                           BENGALURU - 560 012.

                      4.   THE DEPUTY DIRECTOR,
                           THE OFFICE PF THE DEPUTY DIRECTOR OF
                           PRE UNIVERSITY EDUCATION CHIKKODI,
                           TQ: CHIKKODI, DIST: BELAGAVI - 591 201
                                                                    ... APPELLANTS
                      (BY SRI. SHARAD V. MAGADUM, AGA)
                            -2-
                                    NC: 2026:KHC-D:1693-DB
                                    WA No. 100648 of 2025


HC-KAR




AND:

SHRI. ANNAPPA TERADAL GRAMEEN ABHIVRUDDI
SHIKSHANA SANSTHES TERADAL SCIENCE
PU COLLEGE ATHANI,
R/BY ITS SECRETARY
DR. NANDISH S/O. ANNAPPA TERDAL,
AGE: 44 YEARS, OCC: DOCTOR AND
SECRETARY OF SHRI. ANNAPPA TERDAL
GRAMEEN ABHIVRUDDI SHIKSHANA
SANSTHE, ATHANI, R/O: 353, SHIVAGANGA
HOSPITAL, ATHANI, TQ: ATHANI,
DIST: BELAGAVI, KARNATAKA - 591 304.

                                            ... RESPONDENT

(BY SRI. MANOJ N. BIKKANNAVAR, ADV.)


       THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF

KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE

WRIT APPEAL AND SET ASIDE THE ORDER DATED 10.09.2025 IN

W.P.NO.106573/2025, PASSED BY THE LEARNED SINGLE JUDGE

IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,


       THIS WRIT   APPEAL, COMING    ON   FOR   PRELIMINARY

HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS

UNDER:


CORAM:    THE HON'BLE MR. JUSTICE M.I.ARUN
          AND
          THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
                                   -3-
                                          NC: 2026:KHC-D:1693-DB
                                          WA No. 100648 of 2025


HC-KAR


                       ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE M.I.ARUN)

1. Aggrieved by the interim order dated 10.09.2025

passed in Writ Petition No.106573 of 2025, the respondent-State

therein has preferred the present writ appeal.

2. The respondent-College was granted the necessary

recognition to start a Pre-University College in the year 2019 and

has been functioning since then. However, on 23.05.2025, on

the ground that the respondent-College had obtained the

necessary permission by playing fraud on the authorities

concerned and that there were certain lacunae in the

respondent-College, the recognition granted in its favour was

withdrawn. Notwithstanding the said withdrawal, the respondent-

College admitted 157 students for the academic year 2025-26

subsequent to the order of cancellation. Thereafter, having failed

to obtain a favourable order from the authorities concerned

restoring its recognition, the respondent-College has preferred

Writ petition No.106573 of 2025. The learned Single Judge after

hearing the parties concerned, passed the following interim

order:

NC: 2026:KHC-D:1693-DB

HC-KAR

"i. Respondent Nos.2 to 4 are directed to open the SATS portal to enable the petitioner to enter the details of 157 students admitted for the additional 2 courses for which the application dated 30.05.2025 had been made.

ii. The said opening of the SATS portal and the registration of the students shall be subject to the result of this writ petition and subject to the result of the enquiry to be made by respondent No.1.

iii. The SATS portal shall be opened within 4 days from now, to enable such registration.

iv. The enquiry report to be filed on or before 06.11.2025.

v. Relist on 06.11.2025."

3. Aggrieved by the same, the State has preferred this

writ appeal.

4. The case of the State is that once recognition is

withdrawn from the respondent-College, it is not entitled to

admit students, and if any admission made thereafter is at its

own peril. However, in the course of arguments, learned AGA,

upon instructions, fairly submits that all necessary steps would

be taken to safeguard the interest of the students concerned. He

further submits that the State is ready and willing to shift the

students to a Government College, if required. The grievance of

the State is that once recognition granted to the respondent-

College is withdrawn, it could not have admitted students, and it

NC: 2026:KHC-D:1693-DB

HC-KAR

is not possible for the State to consider them as students of the

respondent-College and conduct examinations in the respondent-

College.

5. Per contra, learned counsel for the respondent-

College submits that it has all necessary infrastructure and that,

by mistake, certain false information was furnished at the time of

obtaining recognition. He submits that, considering the present

infrastructure, the respondent-College ought to be continued

with the recognition granted. It is further submitted that the

appellant-State authorities are unnecessarily harassing the

respondent-College by not conducting the necessary enquiry into

its affairs and delaying by taking decision in respect of the same.

6. Whether the recognition granted to the respondent-

College has been rightly withdrawn or not is the subject matter

of proceedings before the concerned authorities, and whether the

State rightly rejected the request of respondent-College to start

additional sections for Pre-University Course is the subject

matter of the writ petition.

7. Be that as it may, it is important to protect the

interest of the students admitted by the respondent-College, who

NC: 2026:KHC-D:1693-DB

HC-KAR

are not even before this Court. No doubt, the respondent-College

could not have admitted the students without due recognition. If

the recognition is withdrawn, it is entitled to challenge the same

in the manner known to law and should admit students only if

permitted in law to do so. The respondent-College clearly erred

in admitting 157 students for the academic year 2025-26. It is

submitted by the learned counsel for the respondent-College that

the said students have attended classes during the academic

year 2025-26. It is not the case of the State that it intends to

deny the students the opportunity to write the examination for

the first year PUC, said to commence from 10.02.2026. Under

these circumstances, we do not find any error in the interim

order passed by the learned Single Judge, and the same is

hereby upheld.

8. However, under the peculiar facts and circumstances

of the case, we are of the opinion that the respondent-College

should not admit students for the coming academic year 2026-27

without obtaining necessary permissions. If the respondent-

College fails to obtain the necessary permission to continue the

157 students for second year PUC, the State shall be at liberty to

transfer them to some other Institution.

NC: 2026:KHC-D:1693-DB

HC-KAR

Ordered Accordingly.

Liberty is also reserved to the students to sue the

respondent-College, if they are put to any loss or injury due to

fault on the part of the respondent-College.

In light of the above, pending applications, if any, do not

survive for consideration and are accordingly disposed of.

Sd/-

(M.I.ARUN) JUDGE

Sd/-

(B. MURALIDHARA PAI) JUDGE VNP / CT: ASC List No.: 1 Sl No.: 30

 
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