The court affirmed that compliance with safety and structural regulations is a pre-existing obligation for all educational institutions, and the challenged circular merely enforces these requirements.

ORDER :

1. The petitioners are before this Court seeking for following reliefs:

“WHEREFORE, it is most respectfully prayed that this Hon'ble Court be graciously pleased to:

a) Issue a Writ of Certiorari declaring that the Circular issued by the Government of Karnataka bearing the Notification No. C 7(2) PRA SHI A. MANYATHI SHARATHU 231:2018-19 dated 06-06-2022 (ANNEXURE - C Page at ultra-vires the Karnataka Education Act, 1983. Nos. 47-48 is

b) Issue a Writ of Prohibition or a Writ or Direction of any other name or description to the Respondents against enforcement of the impugned Circular as against the Petitioners;

c) Pass such other order as this Hon'ble Court may deem fit in the facts and circumstances of this case, in the interest of justice and equity.”

2. Petitioner No.1 is stated to be a Society and Association of unaided recognized schools in the State of Karnataka. Petitioner Nos.2 to 11 are individual unaided schools.

3. The petitioners are before this Court aggrieved by the circular issued by respondent No.1 dated 06.06.2022 at Annexure-A, requiring the schools to amongst others obtain and furnish a structural stability certificate, to obtain and furnish the plan sanction relating to the building where the school is being run and make available fire safety requirements/facilities for such schools etc.

4. The submission of Sri. S. Sudharshan, learned counsel appearing for the petitioners is that,

4.1. The circular/order dated 06.06.2022 at Annexure-A has been issued under Section 36 of the Karnataka Education Act, 1983. The said provision does not mandate the requirement of a plan sanction, structural stability certificate, fire clearance etc., Section 36 dealing with the only aspect of recognition and those mentioned thereunder. The above aspects not relating to education per se, no Circular could have been issued under Section 36 of the said Act,.

4.2. His further submission is that once a recognition has been granted, no new conditions could be imposed during the period for which recognition is in force. In this regard he relies upon Rule (4) of the Karnataka Educational Institutions Registration Rules 1999 and submits that once the Competent Authority after verification and satisfaction has issued a recognition under Section 36 in Form-2, the same shall be valid and subsisting for a period of ten years and during that period the question of imposing any new condition does not arise.

4.3. Alternatively, he submits that even if any such conditions were required to be imposed it was to be so done in terms of Clause (c) of Subsection (2) of Section 36 and any general or special conditions may be imposed in the manner prescribed and as provided for under the Act. In this regard, he refers to Subsection (24) of Section 2 of the said Act, to contend that ‘prescribed’ would mean as prescribed by the Rules made under the Act, and in this regard, he refers to Section 145 which confers the power on the State Government to make Rules by way of notification and as such, he submits that only the State Government can make Rules in terms of Section 145 of the Karnataka Education Act and the Executive Authority as done in the present case could not have imposed conditions vide the impugned Circular dated 06.06.2022 at Annexure-C.

4.4. Insofar as Rule making power is concerned, he submits that any Rule framed under Section 145 of the Karnataka Education Act, ought to have been placed before both Houses of State Legislature, which can be done only after previous publication, inviting objections and after considering the objections. Thus, he submits that the petitioners have been deprived of an opportunity to place their grievances and/or their suggestions as regard the proposals to be implemented in the Circular, which has been done in a unilateral manner. Firstly, the same could not have been done by way of an executive action by way of a Circular, secondly, it being required to be done by exercising the Rule making power under Section 145