ORDER

Though this writ petition is on a short ground, it is taken up for final disposal.

This writ petition is filed seeking for following reliefs: (i) Issue a writ in nature of certiorari and /or such or other writ order or direction against respondent no.3 to quash impugned endorsement bearing no.Anu 3: Pra Shi A Ho. Sa. no.05/22-23 dated 02-January,-2024 issued to petitioner at Annexure-F.

2. Sri Pawan Shyam, learned counsel for petitioner submitted that petitioner is a registered charitable Trust established for running educational institutions. It was submitted that petitioner established an educational institution for classes 1 to 8 in name and style "Scholars International School", which is a private and unaided institution. Said institution intended to seek affiliation from ICSE Board, for which, there is pre-condition of obtaining "No Objection" from State Government in accordance with Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022. It was submitted that for said NOC, an application was required to be filed in Form no.I. But, column 3 of Form no.I, contained a requirement in column 3(vi) for submission of Audit Reports of Institution for previous three years.

3. It was submitted that validity of said condition was in consideration before this Court in W.P.no.11980/2023 disposed of on 19.06.2023, wherein said requirement was held to be unnecessary interference and direction issued to consider application. Para no.12 and 13 reads as under:

"12. If petitioner - Trust, while seeking NOC from the State Government, has annexed all requisites documents as indicated in under Sub Rule (3) of "Rules, 2022", the Authorities are bound to consider the application seeking NOC in accordance with law. The condition imposed in clause vi column no.3 of Form-I of "Rules, 2022" as per Annexure-H is held not maintainable for issuing NOC in respect of those institutions, which are duly established.

The prayer no.b does not survive for consideration.

13. In the light of the findings recorded above, I proceeded to pass the following;

The Writ petition is allowed in part.

Writ of mandamus issues to respondent Nos.2 and 3 to consider application submitted by petitioner - Trust seeking affiliation and shall accept application of petitioner through on-line by dispensing condition indicated in Clause vi, column 3 of Form No.I and thereafter, pass appropriate orders on application in accordance with law within a period of 10 days."

4. Said ruling would squarely cover subject matter of present petition. Therefore, petitioner sought for allowing writ petition.

5. On other hand, learned AGA appearing for respondents would submit that subsequent to passing of order, Government passed an order on 13.10.2023 and taken a decision to dispense with said requirement.

6. In reply, learned counsel for petitioner would submit that till date, there is no correction made in online portal. 7. Heard learned counsel and perused writ petition records.

8. From above, it is seen that requirement of furnishing Audit Reports of previous three years for seeking "No Objection" for affiliation to ICSE Board has been held to be illegal by this Court. It would appear that respondent State Authorities have also taken note of said decision and dispensed with said requirement. In view of same, petitioner would be entitled for relief. Consequently, following order:

ORDER (i) Writ petition is allowed.

(ii) Endorsement bearing no.Anu 3: Pra Shi A: Ho.

Sa. no.05/22-23 dated 02-January,-2024 at Annexure-F, is quashed.

(iii) Mandamus is issued to respondent no.3 to consider petitioner's representation without insisting upon Audit Reports of previous three years.

(iv) Respondents are also directed to communicate order passed to Authorities for appropriate rectification in online portal.