IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 10095 OF 2023 (EDN-RES)

BETWEEN:

BOOVANAHALLY CHANNAKESHAVA SWAMY VIDYA SAMSTHE (R)

D.R.K. EDUCATIONAL ACRADE, B.M. ROAD, HASSAN - 573 201.

REPRESENTED BY ITS SECRETARY RAMAKRISHNAIAH …PETITIONER (BY SRI. VIRUPAKSHAIAH P.H., ADVOCATE)

AND:

1. STATE OF KARNATAKA DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, M.S. BUILDING, DR.B.R. AMBEDKAR VEEDHI, BANGALORE - 560 001.

REPRESENTED BY ITS SECRETARY Digitally signed by SHARADAVANI B 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS Location: HIGH PRIMARY AND SECONDARY EDUCATION, COURT OF NEW PUBLIC OFFICES, KARNATAKA NRUPATHUNGA ROAD, K.R. CIRCLE, BANGALORE - 560 001.

3. THE DEPUTY DIRECTOR (ADMINISTRATION)

DEPARTMENT OF PUBLIC INSTRUCTIONS, HASSAN DISTRICT, HASSAN - 573 201.

4. THE BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTION, HASSAN TALUK, HASSAN - 573 201. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 TO R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 08.05.2023 BEARING NO ANO3.PRASHIA.HO.SA.NO.DURU 35/22-23 PASSED BY R-3 AUTHORITY VIDE ANNX-V HOLDING THE SAME IS ILLEGAL, ETC.

THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks for the following reliefs:

"(a) ISSUE Writ in the nature of Certiorari or any other Writ or Order or Direction in the similar nature quashing the Impugned Order dated 08.05.2023 bearing No. ANo3: PraShIA: Ho. Sa. No. Duru 35 / 22-23 passed by the 3rd respondent authority vide Annexure-V holding the same is illegal;

(b) ISSUE Writ in the nature of Mandamus or any other Writ or Order or Direction in the similar nature directing the 3rd respondent authority to renew / grant the recognition / approval in favour of the petitioner institution in respect of 1st to 8th Standard Primary School by holding that the petitioner herein fulfils all the criteria stipulated under the Rules;

(c) Grant such other relief or relief's as this Hon'ble Court may deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity."

2. A perusal of the material on record will indicate that it is the specific contention of the petitioner that it has been running Boovanahally Channakeshava Swamy Vidya Samsthe (R) ('CKS School') in Sy.No.128 of Boovanahally village, Kasaba Hobli, Hassan District, from 1963 onwards.

3. It is contended that, while the petitioner was running classes from 8^th Standard to 10^th standard, in the year 2022, the respondents granted permission and recognition in favour of the petitioner to run classes from 1^st Standard to 8^th Standard and the petitioner has been running classes from that time onwards, after obtaining renewal and recognition from year to year.

4. Meanwhile, the recognition of the petitioner having been withdrawn, vide order dated 08.03.2023, the petitioner approached this Court in Writ Petition No.5839/2023 in which this Court, by final order dated 14.03.2022 set aide the order dated 08.03.2023 and remitted the matter back to the third respondent for reconsideration afresh in accordance with law. Subsequently, the third respondent issued a show cause notice dated 20.03.2023 to which the petitioner also submitted a rely dated 26.04.2023 pursuant to which the third respondent once again passed the impugned order dated 08.05.2023 withdrawing the recognition issued in favour of the petitioner in respect of classes 1^st standard to 8^th standard. Aggrieved by the impugned order, petitioner is before this Court by way of present petition.

5. Learned counsel for the petitioner submits that the subject Educational Institution is situated in Sy.No.128 of Boovanahally village and classes are being conducted in the said land. It is also submitted that in addition to the said school p