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2025 Supreme(Online)(Kar) 39229

THE HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR
SHREE PADMAVATHI VIDYA SAMSTHE – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 14966/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 14966 OF 2025 (EDN-RES)

BETWEEN:

SHREE PADMAVATHI VIDYA SAMSTHE, SRI. MUTT ROAD, SHRAVANABELAGOLA, CHANNARAYAPATTANA TALUK, HASSAN DISTRICT.

REP. BY ITS SECRETARY, SRI. JEEVAN A.R.

…PETITIONER (BY SRI. SRIKANTH M. P., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, Digitally signed by M.S.BUILDING, AASEEFA PARVEEN BANGALORE - 560 001.

Location: HIGH COURT OF KARNATAKA 2. THE COMMISSIONER, SCHOOL EDUCATION AND LITERACY DEPARTMENT, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K.R.CIRCLE, BANGALORE - 560 001.

3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, SCHOOL EDUCATION AND LITERACY DEPARTMENT, PRIMARY EDUCATION, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K.R.CIRCLE, BANGALORE - 560 001.

4. THE DIRECTOR OF PUBLIC INSTRUCTIONS, SCHOOL EDUCATION AND LITERACY DEPARTMENT, SECONDARY EDUCATION, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K.R.CIRCLE, BANGALORE - 560 001.

5. THE DEPUTY DIRECTOR, NEXT TO D.C.OFFICE, HASSAN DISTRICT- 573 201.

6. THE BLOCK EDUCATION OFFICER, SCHOOL EDUCATION AND LITERACY DEPARTMENT, CHANNARAYAPATTANA, HASSAN DISTRICT- 573 116.

…RESPONDENTS (BY SRI. MANJUNATH K., ADVOCATE FOR R1 TO R6)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER BEARING NO. ANU-3/PRA SHI AYU DOORU/111/ 2024-25 DATED 14.05.2025 ISSUED BY THE R-5 VIDE ANNX-J 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 the following reliefs:

"a) Quash the impugned order bearing No.ANU-

3/PRA SHI AYU DOORU/111/2024-25 dated 14.05.2025 issued by the 5th respondent vide Annexure-K.

b) Consequential relief or any other appropriate order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity."

2. Heard Sri.M.P.Srikanth learned counsel for the petitioner, Sri.Manjunath.K learned HCGP for the respondents and perused the material on record.

3. A perusal of the material on record will indicate that the petitioner started running/conducting classes for I standard to VIII standard under the State syllabus of the respondents at premises situated at Mutt Road, Shravanabelagola. Subsequently, due to lack of adequate space, the petitioner intended to conduct additional classes pertaining to Class IX and Class X at nearby premises situated at Channarayapattana Road, Shravanabelagola, which was situated very close to the premises of the petitioner at Mutt Road, Shravanabelagola. The petitioner requested the respondents to permit the petitioner to run additional classes at its premises at Channarayapattana Road, Shravanabelagola. However, the respondents issued a notice dated 28.03.2025 calling upon the petitioner to show cause as to why the recognition and registration should not be withdrawn and cancelled on the ground that the petitioner had shifted the entire Institution from its premises at Mutt Road, Shravanabelagola to a different premises at Channarayapattana Road, Shravanabelagola. The petitioner submitted its reply dated 28.04.2025 to the aforesaid show cause notice, specifically stating that the petitioner continued to conduct/run class I to class VIII at the premises at Mutt Road and that the petitioner intended to conduct additional classes at the premises Channrayapattana Road, Shravanabelagola. It is the grievance of the petitioner that despite the petitioner specifically contending that it had not shifted its premises from its institution from Mutt Road to Channarayapattana Road, the respondents have proceeded to pass the impugned order at Annexure-K dated 14.05.2025 purporting to withdraw the registration and recognition of the petitioner/Institution who subsequently submitted a representation at Annexure-R dated 22.05.2025 and the same h

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