IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 11770 OF 2023 (EDN-RES)

BETWEEN:

1. BAYVIEW EDUCATION AND CHARITABLE TRUST, HAVING ITS OFFICE AT D.NO.5/19, BAYVIEW LITTLE SCHOOL, JEPPINAMOGARU, NEAR KARAMBISTHANA VAIDYANATHA TEMPLE, MANGALURU – 575 007, REP. BY ITS CHAIRPERSON:

SMT. M. SAJITHA, D/O SHANTHA KUMARI, AGED ABOUT 45 YEARS, (REGISTERED UNDER THE TRUST ACT)

2. BAYVIEW LITTLE SCHOOL, D.NO.5/19, JEEPINAMOGARU, NEAR KARAMBISTHNA D igitally VAIDYANATHA TEMPLE, signed by MANGALURU - 575 007, CHANDANA REP. BY ITS PRINCIPAL, B M SMT. M. SAJITHA, Location:

D/O SHANTHA KUMARI, High Court AGED ABOUT 48 YEARS, of Karnataka (REGISTERED UNDER THE TRUST ACT)

…PETITIONERS (BY SRI. RAJASHEKAR S., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU – 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY.

2. THE BLOCK EDUCATION OFFICER, MANGALURU SOUTH REGION, OFFICE OF THE BLOCK EDUCATION OFFICER, BOLARA, MANGALURU, D.K.DISTRICT - 575 001.

…RESPONDENTS (BY SRI. K. MANJUNATH, HCGP)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE INTIMATION AFFIXED BY THE R-2 IN THE NOTICE BOARD OF THE 2^ND PETITIONER SCHOOL VIDE ANNX-A AND DIRECTING THE R-2 TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONER VIDE ANNX-B DTD 20.9.2022 IN ACCORDANCE WITH LAW AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING ‘B’

GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

In this petition, the petitioners seek the following reliefs:

a) Issue a Writ of Certiorari to quash the intimation affixed by the 2^nd Respondent in the Notice Board of the 2^nd petitioner school vide Annexure-A.

(aa) Issue a Writ of Certiorari to quash the Circular bearing NO.7(2) PraShiAa.Sha.Enrolment:01:2022-23.E.909400 dated 15.10.2022 vide Annexure-S.

(b) Issue a Writ of Mandamus directing the respondent No.2 to consider the representation submitted by the petitioners vide Annexure-B dated 20.09.2022 in accordance with law.

(c) Grant such other and further relief's as this Hon'ble Court as this Hon'ble court deems fit and proper under the circumstances of this case, in the interest of justice and equity.

(aa) (c) Issue a writ of Certiorari to quash the Circular bearing No.7(2) PrashiAa.Sha. Enrolment:01:2022-23.E. 909400 dated 15.10.2022 issued by the 1^st respondent vide Annexure-S.”

2. Heard learned counsel for the petitioner and learned HCGP for the respondents and perused the material on record.

3. A perusal of the material on record will indicate that the petitioner is running a Pre-primary school from the year 2016 onwards. On 20.09.2022, the petitioner submitted an application/representation to respondent No.2 seeking permission to run primary school from standard 1^st to 7^th Standard. It is the grievance of the petitioner that though the petitioner submitted the said representation dated 20.09.2022 seeking permission to conduct classes and also submitted representation dated 14.12.2022 at Annexure-Q and an online application at Annexure- T, respondents had issued the impugned intimation at Annexure-A to the effect that the petitioner-school is an unauthorised school and as such, the petitioner is before this Court by way of the present petition.

4. During the pendency of the petition, in the light of the specific stance of the respondent-State the petitioner had not complied with the requirement contained in Circular dated 15.10.2022, the petitioner got the petition amended by challenging the said Circular dated 15.10.2022.

5. Learned counsel for the petitioner invited my attention to the representation dated 20.09.2022 in order to point out that the said Circular having been issued on 15.10.2022 cannot be considered as retrospective and the same could not be applicable or come in the way of the petitioner conducting