The Petitioners have challenged the Constitutional validity of Rules 4[4] and 5[5] of the Karnataka Educational Institutions [Change in the Governing Council or Change in the location of Private Educational Institutions] Rules, 2006 [‘Rules 2006’, for short] inter alia, challenging the Circular dated 20.10.2010 [Annexure-T to the writ petitions] issued by the Respondent No.1 etc..

2. The first petitioner is the Management and the Petitioners 2 to 10 are the employees of the Management. That the representations submitted by the Management for extension of salary grants in respect of petitioners 2 to 10 who are working in the institution run by the petitioner No.1 was refused by the Authorities issuing endorsement dated 4.10.2016 placing reliance on the circular dated 20.10.2010 and the Rules 2006. Hence these petitions challenging the vires of the Rules 4[4] and 5[5] of the Rules 2006, inter alia, challenging the circular and endorsement at Annexures-T & U to the writ petitions.

3. The Delhi Education Society was accorded permission to start private High School in Kannada Medium on 28.6.1983 from the academic year 1983-84. The said school was changed over to Sri Krishna High School, Basaveshwaranagar, Bengaluru as per the endorsement dated 30.5.1992 issued by the Joint Director of Public Instructions. It is contended that the Institution was continuously being run and its recognition was renewed regularly. A proposal was mooted for change of Management of the Institution and on the same, the Respondent No.2 passed an order permitting the change of Management and also the change of location of the Institution. Accordingly, the Institution which was earlier being run on West of Chord Road, Basaveswaranagar, was shifted to No.214, 7th Cross, Lakshmidevinagar, Bengaluru. The first petitioner/Management submitted a proposal for grant in aid and the same was recommended by the Respondent No.5 to the Respondent No.4 after holding necessary inspection of the Institution. The Respondent No.4, thereafter approved the petitioners 2 to 10 without aid after the proposals were cleared by the District Screening Committee constituted for the purpose.

4. It was contended that the proposal for admission to grant-in-aid in respect of petitioners 2 to 10 was favourably considered by the Government. However, the Respondent No.1 took a decision that the Institution will have to be treated as a new Institution in view of the Circular dated 20.10.2010.

5. The learned Counsel appearing for the petitioners contended that the issuance of Circular dated 20.10.2010 was unwarranted as the field is covered by the Rules 2006 which prescribes the requirements and conditions for change of Governing Council and change of location. Placing reliance on Section 41[5] of the Karnataka Education Act, 1983 [‘the Act’, for short], the learned Counsel submitted that once there is change in the Governing Council of the Institution or change in the location of the institution, a fresh application for recognition shall be made as if it was newly started institution. The Act deals with registration and recognition which are two different aspects. As per Section 41[5] of the Act, it is necessary for obtaining a fresh recognition for the Institution but not the fresh registration. In respect of granting of recognition is concerned, it is governed by the Karnataka Educational Institution [Recognition of Primary and Secondary Schools], Rules, 1999 [‘Rules 1999’, for short]. According to the learned Counsel, it is not necessary to get the fresh registration, as it is no way provided under the provisions of the Act or the Rules made there under to have a new registration for the Institution. Section 30 of the Act was referred to which deals with the procedure for registration and contended that the provision deals with the Institution and not the Management. The change of Management has no bearing in respect of registration of the Institution. However, Rules 4[4] and 5[5] of t