IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO.979 OF 2026 (MV)

BETWEEN:

THE HEAD MISTRESS ST. ANTONY ENGLISH MEDIUM SCHOOL CUTINHO PADAV, MALIUR POST, MANGALORE - 575001 DAKSHINA KANNADA REPRESENTED BY ITS PRESENT HEAD MISTRESS MRS. ANITHA VIOLET DSOUZA W/O MR. MOVIN S D'CRUZ AGED ABOUT 45 YEARS …PETITIONER (BY SRI. CYRIL PRASAD PAIS.,ADVOCATE)

AND:

Digitally signed by PREMCHANDRA M R 1. THE STATE OF KARNATAKA Location: HIGH REPRESENTED BY ITS CHIEF SECRETARY COURT OF VIDHANA SOUDHA KARNATAKA DR AMBEDKAR VEEDHI, BENGALURU - 560001.

2. THE PRINCIPAL SECRETARY DEPARTMENT OF TRANSPORT M. S. BUILDING, DR AMBEDKAR VEEDHI, BENGALURU- 560001.

3. THE COMMISSIONER TRANSPORTATION AND ROAD SAFETY FIRST FLOOR, T.T.M.C. BUILDING, K. H. ROAD, SHANTINAGAR BENGALURU - 560027.

4. DEPUTY COMMISSIONER MANGALORE 574325 DAKSHINA KANNADA DISTRICT

5. ASSISTANT TRANSPORT COMMISSIONER AND SENIOR REGIONAL TRANSPORT OFFICER MANGALORE REGION, MAIDAN ROAD, OPP NEHRU MAIDAN, ATTAVAR, MANGALORE -575001, DAKSHINA KANNADA.

6. REGIONAL TRANSPORT AUTHORITY MANGALORE-575001, DAKSHINA KANNADA DISTRICT REPRESENTED BY ITS PRESIDENT …RESPONDENTS (BY SMT. RASHMI RAO, HCGP)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:

ORAL ORDER

Sri.Cyril Prasad Pais, counsel for the petitioner and Smt.Rashmi Rao, High Court Government Pleader for the respondents have appeared in person.

2. The captioned Writ Petition is filed seeking following reliefs:

a. Issue a Writ of Certiorari quashing the impugned endorsement dated:21.08.2025 issued to the petitioner against the bus bearing registration No.KA 19C 4336 by the

5^th respondent vide Annexure-A.

b. Issue a writ of mandamus directing the 5^th respondent to renew the vehicle permit for the school bus Tata LP 909 EX49 bearing registration NO.KA19C 4336 having Engine No.497TC3EQZ815437 and Chassie No.

No.MAT38204297E09234 Annexure-K, c. Grant such other and further reliefs based on the nature and circumstances of the above case, in the interest of justice and equity.

d. Grant cost of the above writ petition in the interest of justice and equity.

3. Counsel for the respective parties would fairly submit that the issue involved in the present Writ Petition is answered by the Co-ordinate Bench of this Court in SMT.SHARADAMMA Vs. STATE OF KARNATAKA AND OTHERS in W.P.No.21991/2019 and connected matters, disposed of on 20.08.2019, and they would submit that the decision therein would squarely apply to the present case.

Counsel therefore, submits that an appropriate order may be passed.

4. Heard the arguments and perused the Writ papers with utmost care.

5. In SHARADAMMA’s case cited supra, it is held that State is not empowered to issue Circular and impose condition that 15 years old vehicles are not entitled for renewal of permit as well as fitness.

6. Following the decision cited supra, the present Writ Petition is allowed. The endorsement dated:21.08.2025 issued by respondent No.5 vide Annexure-A is quashed. The fifth respondent is directed to consider the representation/ grievance of the petitioner regarding renewal of vehicle permit and issuance of fitness certificate within four weeks from the receipt of certified copy of this order.

7. The Writ Petition is allowed SD/-

(JYOTI M)

JUDGE SS List No.: 1 Sl No.: 4