ORDER

The captioned writ petition is filed by petitioner -

Trust seeking for following reliefs.

"a) Declare that the condition of 'providing copies of audit report of previous 3 years' provided in clause vi, column 3 of Form I of the Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022 as not madatory for issuing NOC (Annexure-H)

dated 11.05.2022.

b) In the alternative, if this Hon'ble Court comes to the conclusion that the aforesaid condition provided in clause vi, column 3 of Form I of the Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022 is mandatory, then declare that said condition provided in clause vi, column 3 of Form I of the Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022 is unconstitutional (Annexure-H)

dated 11.05.2022.

c) Issue a writ of certiorari or any other writ or order and quash the notification bearing No.C7(2)PRA SHI A/NI.PA.NI.01/2020-21 dated 02.03.2023 issued by the 2nd respondent in so far as imposing condition that school has to function under state syllabus and has to file audit report for the same for three years -

(Annexure - K).

d) Issue a writ of Mandamus or any other writ or order to the 2nd and 3rd respondent and direct them to issue NOC to the petitioner the Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022 without insisting for filing audit report.

(Annexure-G).

e) Pass such other order as this Hon'ble Court deems fit in the interest of justice and equity."

2. Facts leading to the case are as under:

The petitioner - Trust claimed that it was established with an objective of providing educational, social, philanthropic related services. The petitioner - Trust has established a school under the name "National Public School" Sarjapur Road and is presently running a school with 1300 students from class Nursery to 8th Standard. The Authorities have issued registration certificate for establishing a school and have also issued First Recognition Certificate.

3. The petitioner intends to get affiliation to CBSE Board and therefore, in order to obtain NOC from State Government, which is pre-requisite condition, submitted an application along with all requisite documents. However, petitioner - Trust failed to upload application along with requisite documents seeking NOC Certificate as Trust did not possess audit report of school for the previous three years. Petitioner - Trust claims that as the school was established in the year 2022, question of furnishing audit report of previous three years may not apply to the present institution and therefore, captioned writ petition is filed to dispense production of audit report of previous three years as indicated in clause vi, column 3 of Form I of the Karnataka Educational Institutions (Issue of No Objection Certificate and control) Rules, 2022 vide Annexure - H issued by the respondent No.1 - State. A mandamus is also sought to direct respondents to issue NOC to the petitioner - Trust without insisting on filing audit report of previous three years.

4. Heard learned Senior Counsel appearing for the petitioner and learned AGA.

5. Learned AGA, on instructions, has placed on record recommendation made by respondent No.2 - the Commissioner to the Principal Secretary of respondent No.1 - State. The said recommendation is dated 04.11.2022. Respondent No.2, at clause - 13 in the recommendation, has indicated that Authorities shall not insist audit report of previous three years in cases where proposed institution newly established and does not possess experience beyond three years, the respondent No.2 has opined not to insist audit report of previous three years. Such Institution may produce audit report for at least one year.

6. On examining the Karnataka Educational Institutions (Issue of No Objection Certificate and control)

Rules, 2022 (for short 'Rules 2022'), this Court would find that the petiti