IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 24119 OF 2024 (EDN-RES)

BETWEEN:

SRI RAMAKRISHNA VIDHYASHRAMA TRUST (R)

GOPALAGOWDA LAYOUT SHIVAMOGGA SHIVAMOGA DISTRICT - 577434 REPRESENTED BY ITS MANAGING TRUSTEE SRI. D. M. DEVARAJA …PETITIONER (BY SRI. P.P. HEGDE, SENIOR ADVOCATE FOR SRI. GANAPATHI BHAT, ADVOCATE)

AND:

1. STATE OF KARNATAKA DEAPRTMENT OF EDUCATION VIKAS SOUDHA Digitally BENGALURU - 560001 signed by CHANDANA REPRESENTED BY ITS B M PRINCIPAL SECRETARY Location:

High Court

2. THE COMMISSIONER OF PUBLIC INSTURCTIONS of Karnataka NEW PUBLIC OFFICE, NEAR RBI, NRUPATHUNGA ROAD AMBEDKAR VEEDHI SAMPANGI RAMA NAGARA BENGALURU - 560 001

3. DEPUTY DIRECTOR (ADMINISTRATION)

DEPARTMENT OFPUBLIC INSTRUCTION B H ROAD, SHIVAMOGGA SHIVAMOGGA DISRICT - 577 201

4. BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTION OFFICE OF THE BLOCK EDUCATION OFFICER HOSANAGARA, HOSANAGARA TALUK SHIVAMOGGA DISTRICT 577401 …RESPONDENTS (BY SRI. V.G. BHANUPRAKASH, AAG A/W SRI. MANJUNATH K., HCGP)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R2 AND R4 TO CONSIDER THE REPRESENTATION DTD 22.07.24 VIDE ANNEXURE-A WITHOUT ANY FURTHER DELAY AND ETC., THIS 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:

"(1) Issue a Writ of Mandamus or any other Writ, or Order and direct respondents No.2 to 4 to consider the representation dated: 22-07-2024 vide Annexure-A without any further delay and (2) Set-aside / quash the notice dated: 05-07-2024 bearing G2Anu.Shale.Ho/36/2024 (vide Annexure - B) and hand written report dated: 06-08-2024 (vide Annexure-H), (3) to pass any such other orders or directions as this Hon'ble court deems fit to pass 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 the petitioner established and has been running a school under the name and style 'Sri Ramakrishna Vidyalaya School' at Hosanagar, Shivamogga District since 1999. After obtaining necessary No Objection Certificate (NOC) from the respondents-State, the petitioner obtained affiliation for CBSE with the CBSE Board in the year 2020, which permitted the petitioner to run classes in the CBSE Board also. Subsequently, respondent No.3 issued a show- cause notice dated 05.07.2024 calling upon the petitioner to show cause as to why the name of the petitioner's school should not be removed from the recognized school list. The proposed action was premised on the ground that having obtained affiliation with the CBSE Board, the petitioner is not entitled to run classes under both the CBSE and SSLC Boards, in view of the CBSE bye-laws, the relevant CBSE Notification and also the Circular dated 07.09.2022 issued by the State Government. Aggrieved by the impugned show-cause notice and seeking other reliefs, petitioner is before this Court by way of the present petition.

3. Heard learned Senior counsel for the petitioner and learned AAG for the respondents and perused the material on record.

4. By order dated 04.09.2024, this Court passed the following order:-

"Learned AGA accepts notice for respondents.

Copies to be served.

Re-list on 19.09.2024.

In the meanwhile, there shall be an interim order of stay of Annexure-B and Annexure-H as prayed for by the petitioner in the petition till the next date of hearing.

Liberty is reserved in favour of respondents to seek vacation / modification of this order."

5. Learned Senior counsel for the petitioner submits that having regard to the fact that the petitioner had obtained CBSE affiliation in the year 2020, the subsequent Memorandum dated 07.09.2022 would not be applicable to the petitioner's school since the said Memorandum would be prospective and not retrospective and would not apply