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Karnataka High Court
The National And Rural Education vs The State Of Karnataka on 27 March, 2026
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NC: 2026:KHC:17521
WP NO.18824 OF 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH
WRIT PETITION NO.18824 OF 2024 (EDN-RES)
BETWEEN:
THE NATIONAL AND RURAL EDUCATION
ASSOCIATION (R.)
(SOCIETY REGISTERED UNDER
THE KARNATAKA SOCIETIES REGISTRATION ACT)
GOWRIBIDANUR ROAD,
MANCHENAHALLI,
GOWRIBIDANUR TALUK,
CHIKKABALLAPURA DISTRICT.
REP. BY ITS HONORARY SECRETARY,
SRI. G.N. NAGARAJ.
...PETITIONER
(BY SRI. B.M. HALA SWAMY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF PRIMARY AND
SECONDARY EDUCATION,
M.S. BUILDING,
Digitally signed by
CHAYA S A BENGALURU - 560 001.
Location: HIGH
COURT OF
KARNATAKA 2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS
K.R. CIRCLE,
BENGALURU.
3. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS (ADM.)
DEPARTMENT OF PUBLIC INSTRUCTIONS,
CHIKKABALLAPURA DISTRICT.
4. JOINT DIRECTOR (ADM.)
DEPARTMENT OF PUBLIC INSTRUCTIONS,
CHIKKABALLAPURA DISTRICT.
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5. THE BLOCK EDUCATION OFFICER
DEPARTMENT OF PRIMARY AND
SECONDARY EDUCATION,
GOWRIBIDANUR TALUK,
CHIKKABALLAPURA DISTRICT.
...RESPONDENTS
(BY SMT. B. SUKANYA BALIGA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET-
ASIDE THE ORDER DATED 21ST JUNE, 2024 PASSED BY THE
RESPONDENT NO.2 IN APPEAL NO.3/2024(220578) VIDE
ANNEXURE-H; SET-ASIDE THE ORDER DATED 06TH APRIL, 2024
PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-G,
DIRECT THE RESPONDENT NO.3 TO CONSIDER THE RENEWAL
OF RECOGNITION OF THE NANDANA HIGHER PRIMARY
SCHOOL FOR CLASSES 6TH TO 8TH STANDARD FOR ACADEMIC
YEAR 2024-25; AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
ORAL ORDER
In this writ petition, the petitioner-Society is challenging
the order dated 21st June, 2024 (Annexure-H) passed by the
respondent No.3 in Appeal No.3/2024 (220578) and order
dated 06th April, 2024 (Annexure-G) passed by the respondent
No.3, wherein the recognition granted to the institution of the
petitioner as per Registration Certificate bearing
No.101061/2022-23 dated 19th March, 2022 for 6th to 8th
Standard was cancelled.
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2. Heard Sri. B.M. Hala Swamy, learned counsel
appearing for the petitioner and Smt. B. Sukanya Baliga,
learned Additional Government Advocate appearing for
respondents.
3. Having taken note of the submission made by
learned counsel appearing for the parties, I have carefully
considered the reasons assigned by the respondent No.3 in
order dated 06th April, 2024 (Annexure-G) as well as by the
respondent No.2 in order dated 21st June, 2024 (Annexure-H).
On perusal of the order dated 06th April, 2024 (Annexure-G),
the same would indicate that the respondent No.2 had taken
decision against the institution of the petitioner based on the
complaint filed by the third party to the proceedings on the
ground that the Managing Committee of the petitioner had
provided fake documents and information to secure the
recognition for the institution.
4. In this regard, the petitioner had produced relevant
material to establish that the petitioner-Society had constructed
the new building and as per the complaint report dated 05th
June, 2024 (Annexure-J) along with the photographs produced
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at Annexures 'J' and 'K' series, which would indicate that the
petitioner had constructed new building for the purpose of
imparting education to children in the Village. In that view of
the matter, I am of the view that the reasons assigned by the
respondent-Authorities in respect of withdrawing the
recognition granted to the institution of the petitioner requires
to be set-aside.
5. Under these circumstances, I am of the view that
the respondent No.3 shall conduct a spot inspection of the
institution in question where the new building is being
constructed and classes are being running and thereafter take
decision in the matter in terms of provisions contained under
the Karnataka Education Act. It is important to note that the
respondent-Authorities shall act upon the provisions of the
Karnataka Education Act and Rules and do not give much
importance to the frivolous complaints filed by the private
parties for their whims and fancies. Accordingly, I pass the
following:
ORDER
(i) Writ Petition allowed;
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(ii) Order dated 21st June, 2024 (Annexure-H)
passed by the respondent No.2 in Appeal
No.3/2024 and order dated 06th April, 2024
(Annexure-G) passed by the respondent No.3
are hereby set-aside; consequently, order
dated 06th March, 2026 (Annexure-R) passed
by the respondent No.5 is set-aside.
(iii) The respondent No.3 is directed to conduct
spot inspection of the institution in question
and take decision in the matter in accordance
with law for renewal of recognition of the
institution for classes 6th to 8th Standard,
without there being influenced by any
complaint filed by the third party, who is not
connected with the affairs of the institution in
question.
SD/-
(E.S.INDIRESH)
JUDGE
ARK
List No.: 1 Sl No.: 6
