[Cites 3, Cited by 0]
Karnataka High Court
Vivekananda Vidya Samsthe (Regd) vs The State Of Karnataka on 9 March, 2026
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WP No. 31100 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO. 31100 OF 2025 (EDN-REG)
BETWEEN:
1. VIVEKANANDA VIDYA SAMSTHE (REGD.)
REP. BY ITS JOINT SECRETARY
SRI. S. SHIVAPRASAD,
S/O, LATE SHIVANNA,
AGED ABOUT 63 YEARS,
R/AT. 1 CROSS, SADASHIVANAGARA,
TUMAKURU - 572 101.
(REGISTERED UNDER KARNATAKA SOCIETIES ACT,
1960).
2. SRI. NANJUNDAPPA S.
S/O. LATE SADASHIVAIAH,
AGED ABOUT 50 YEARS,
R/AT. OORIKERE,
TUMAKURU - 572 106.
Digitally signed
by CHAYA S A 3. SMT. MANJULA,
Location: HIGH W/O. M.S. LOKESH,
COURT OF AGED ABOUT 51 YEARS,
KARNATAKA
R/AT. VINOBANAGARA,
TUMAKURU - 572 101.
...PETITIONERS
(BY SRI. SIDDARAMAIAH V.B., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PRIMARY AND SECONDARY
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EDUCATION,
VIDHANA SOUDHA,
BANGALORE - 560 001.
2. THE COMMISSIONER OF PUBLIC INSTRUCTION,
DEPARTMENT OF EDUCATION,
(PRIMARY & SECONDARY SCHOOL EDUCATION),
GOVERNMENT OF KARNATAKA,
NRUPATUNGA ROAD, K.R. CIRCLE,
BENGALURU - 560 001.
3. THE DIRECTOR OF PUBLIC INSTRUCTION
(HIGH SCHOOL),
DEPARTMENT OF SCHOOL EDUCATION,
GOVERNMENT OF KARNATAKA,
BENGALURU NORTH DISTRICT,
K.G. ROAD,
BENGALURU - 560 002.
4. THE DEPUTY DIRECTOR OF PUBLIC
INSTRUCTION(DDPI),
DEPARTMENT OF SCHOOL EDUCATION,
DR. S. RADHA KRISHNAN ROAD,
SOMESHWARAM PURAM,
TUMAKURU - 572 102.
5. THE BLOCK EDUCATION OFFICER (BEO),
DEPARTMENT OF SCHOOL EDUCATION,
DR. S. RADHA KRISHNAN ROAD - 572 102,
SOMESHWARAM PURAM, TUMAKURU.
...RESPONDENTS
(BY SMT. SUKANYA BALIGA B., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
INTIMATION LETTER BEARING NO.ಅ. ಾ. ಕ ಮ:30/2024-
ಾ .ಕ
25/1739 DATED 20.08.2025, ISSUED FOR TRANSFER OF THE
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WP No. 31100 of 2025
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STUDENTS FROM VIVEKANANDA ENGLISH HIGHER PRIMARY
SCHOOL, TUMAKURU TO OTHER SCHOOLS AND TO WITHDRAW
THE RECOGNITION, ISSUED BY THE RESPONDENT NO.4, THE
DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (DDPI),
DEPARTMENT OF SCHOOL EDUCATION, DR. S. RADHA
KRISHNAN ROAD, SOMESHWARAM PURAM, TUMAKURU, VIDE
ANNEXURE-H 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 petitioners are assailing the
letter dated 20.08.2025 (Annexure-H) issued by the
respondent No.4 to de-recognize the petitioner No.1 -
Institution school for the academic year 2024-25.
2. The relevant facts for adjudication of this
petition are that the petitioner No.1 - Institution is being
run by the Vivekananda Vidya Samsthe, registered on
12.07.1977 (Annexure-A). It is also stated that the
Government by order dated 03.10.1981 permitted the
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petitioner No.1 - Institution to run English Medium Primary
School. It is further stated that, the petitioner No.1 -
Institution has submitted the representation for renewal of
the recognition for the academic year 2023-24 and in
terms of the same by letter dated 25.10.2023 (Annexure-
E), the Government has accorded permission for renewal
of the recognition. However, by notice dated 20.08.2025
(Annexure-H), respondent No.4 has de-recognized the
school and being aggrieved by the same, the petitioners'
school has preferred this petition.
3. Heard Sri Siddaramaiah V.B., learned counsel
appearing for the petitioners and Smt. Sukanya Baliga B.,
learned Additional Government Advocate appearing for the
respondents.
4. Sri Siddaramaiah V.B., learned counsel
appearing for the petitioners submitted that the petitioner
No.1 - Institution is being run from the academic year
1981-82 and he further invited the attention of the Court
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to Annexure-E wherein the recognition was accorded for
the academic year 2023-24. The learned counsel has also
submitted that the impugned letter dated 20.08.2025
(Annexure-H) has been issued by the respondent No.4
without issuing prior notice to the petitioners' school and
also submitted that pursuant to the issuance of
Annexure-H, the petitioner No.1 - Institution has replied to
the same as per Annexure-J dated 06.10.2025 and same
has not been considered by the respondent No.4 and
therefore, sought for interference of this Court.
5. Per contra, Smt. Sukanya Baliga B., learned
Additional Government Advocate appearing for the
respondents invited the attention of the Court to Rule
4(3)(e) of the Karnataka Educational Institutions
(Recognition of Primary and Secondary Schools) Rules,
1999 and submitted that, in view of the failure on the part
of the petitioner No.1 - Institution to conform to the
aforementioned provision, the impugned order at
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Annexure-H is justified, and therefore, sought for dismissal
of the petition.
6. In the light of the submissions made by the
learned counsel appearing for the parties, it is not in
dispute that the petitioner No.1 - Institution is being run
since the year 1981-82. Further, a perusal of the petition
would indicate that the Respondent No.4 has accorded
permission/recognition for the academic year 2023-24
(Annexure-E).
7. In that view of the matter, taking into
consideration that the respondent No.4 without issuing
notice to the petitioner No.1 - Institution, issued the
impugned letter dated 20.08.2025 (Annexure-H) by taking
penal action against the petitioner No.1 - Institution by
de-recognising the school, which is violation of the
principles of natural justice. Accordingly, I find force in the
submission made by the learned counsel appearing for the
petitioners.
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8. However, taking into consideration the fact that
the petitioner No.1 - Institution has replied by letter dated
06.10.2025 (Annexure-J) to the respondent No.4, I am of
the view that the respondent No.4 shall consider the reply
dated 06.10.2025 (Annexure-J) made by the petitioner
No.1 - Institution.
9. It is also made clear that while considering the
aforementioned reply dated 06.10.2025, the respondent
No.4 shall take into consideration the relevant rules
provided under the Karnataka Educational Institutions
(Recognition of Primary and Secondary Schools) Rules,
1999 which stipulates for the registration/recognition of
the institution as well as the declaration of law made by
this Court and the declaration of law made by the Hon'ble
Supreme Court in the case of AVINASH MEHROTRA vs.
UNION OF INDIA AND OTHERS reported in (2009) 6
SCC 398 and also the subsequent circulars if any issued
by the respondent-Authorities.
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10. In that view of the matter, I pass the following;
ORDER
i) The Writ Petition is allowed.
ii) The impugned letter dated 20.08.2025
(Annexure-H) issued by the respondent No.4 is
hereby set aside.
iii) Respondent No.4 is directed to consider the
reply dated 06.10.2025 (Annexure-J) by the
petitioner No.1 - Institution in accordance with
the Act and the Rules made therein as well as
the judgment referred to above.
Till the consideration of the reply at Annexure-J, no
precipitative action shall be taken against the petitioner
No.1 - Institution.
SD/-
(E.S.INDIRESH)
JUDGE
KLV
List No.: 1 Sl No.: 53
