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2026 Supreme(Online)(Kar) 18803

THE HIGH COURT OF KARNATAKA
E.S. Indiresh, J
Al-Jamia Mohamadiyah Education Society – Appellant
Versus
State of Karnataka – Respondent
WP No. 2595 of 2026



Advocates:
For the Appellants/Petitioners: Sri. Srikanth M P
For the Respondents: Sri. S.A. Ahmed, AAG A/W Smt. Sukanya Baliga B., AGA FOR R1 TO R6, SRI. VIVEK SUBBA REDDY, SENIOR COUNSEL FOR SMT.VARALAKSHMI NAGARAJ, SRI. NARAYANASWAMY T., SRI. BASAVARAJ PATEL G.K., SRI. NARAYAN BHAT

Fraudulent documentation and misrepresentation of institutional identity, coupled with the violation of court undertakings, render an educational institution disentitled to seek relief via writ petition, justifying the cancellation of its recognition and the imposition of exemplary costs.

Headnote:(A) Karnataka Education Act, 1983 - Sections 30, 31, 36, 39, and 130 - Cancellation of recognition - Violation of registration norms - Petitioner society alleged to have engaged in fraudulent practices regarding identity and operation of educational institutions in multiple names, and conducting unauthorized religious education alongside secular curriculum - Foundational registration certificate proven to be fake by relevant authorities - Non-compliance with court undertakings - Held, actions constitute fraud against the State, warranting dismissal of the petition with exemplary costs. (Paras 18, 19, 20, 21, 23)

(B) Writ Petition - Conduct of Petitioner - Suppression of material facts and violation of interim orders - Petitioner admitted to continuing admissions despite undertaking given to the court - Such conduct amounts to abuse of process of law and renders the petitioner disentitled to equitable relief. (Paras 23, 24)

Facts of the case:
The petitioner-institution, claiming to be a society registered in Maharashtra, sought to quash orders cancelling its recognition as an educational institution. The authorities found that the institution operated under various inconsistent names, failed to maintain valid registration as per the state requirements, illegally obtained recognition, and conducted non-secular (Madarasa) education without permission. Furthermore, investigations revealed the registration certificate produced by the petitioner was fake.

Findings of Court:
The Court verified that the registration certificate produced by the petitioner was indeed fake. It further observed that the institution had flagrantly violated its undertaking given before the Court by continuing student admissions in defiance of stay orders and practiced deception against the state authorities.

Issues: The main issues were whether the cancellation of recognition under the Karnataka Education Act was legally justified due to fraudulent registration claims, inconsistent institutional identity, and violation of court undertakings.

Ratio Decidendi: Fraud vitiates every action. The petitioner’s reliance on fake documentation and persistent misrepresentation of institutional identity, coupled with the violation of court orders, renders the institution unfit for recognition and disentitles it from seeking equitable relief under writ jurisdiction.

Result: Writ petition dismissed with exemplary costs of Rs. 25,000/-.

Table of Content
1. factual background concerning registration discrepancies and institutional identity. (Para 1 , 2 , 3 , 4 , 5 , 16 , 17 , 18)
2. summary of contentions by the petitioner and various respondents regarding non-compliance. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15)
3. court's findings on fraud, misuse of authority, and violation of interim court orders. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER / MEMORANDUM DATED 30.05.2025 VIDE NO.A8(ANU) W.P.NO.30975/ 2024 /39/2024-25 PASSED BY THE RESPONDENT AUTHORITY VIDE ANNEXURE - AW AND ETC.,

THIS WRIT PETITION HAVING BEEN RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, E.S. INDIRESH J., MADE THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH

CAV ORDER

1. In this writ petition, the petitioner is assailing the order/Memorandum dated 30.05.2025 (Annexure-AW); Memorandum/order dated 30.05.2025 (Annexure-AX); order dated 19.01.2026 in appeal No.8 of 2025 on the file of the respondent No.2 (Annexure-AY) inter-alia sought for direction to respondent Nos.1 to 6 to consider the representation made by the petitioner for modification of Registration Certificate and other documents depicting the name of the petitioner and to issue modified certificate under Rule 7 of Karnataka Education Institutions (Classification and Registration) Rules, 1997.

2. Relevant facts for the adjudication of this writ petition are that, the institution "The Al-Jamia Mohamadiyah Education Society" is a registered Society under the provisions of Societies Registration Act, 1860 of State of Maharasthra (Annexure-A). It is stated that the object of the Society, is as per the Memorandum of Association, and notified under Schedule-III of Bombay Public Trust Act, 1950 (Annexure-E). It is stated that, the report of changes, in the Trust as "Al-Jamia Mohammediyah Education Society" as per Annexure-G. One Mohammed Azeezuddin, had acquired the land for the purpose of religious and running the school as per the registered Sale Deeds dated 14.09.1988 (Annexure-H and J). Thereafter, the land was converted from agricultural to non-agricultural purpose by order dated 19.08.1991 issued by the Special Deputy Commissioner, Bengaluru. The aforementioned property was gifted as per Declaratory Affidavit, dated 17.04.1999 by the said Mohammed Azeezuddin in favour of M/s.Mohammadeeya Educational Trust, Bengaluru (Annexure-K). It is stated that the BBMP has issued khata in respect of subject land, in the name of "M/s Al-Jamia Mohammediyah Education Society of Mumbai" (Annexure-M). Thereafter, the respondent No.6, has issued Registration Certificate dated 19.01.2006 to the "Jamia Mohammediayah Mansoora" Urdu Medium School to run from 1st Standard to 5th Standard, in Urdu Medium of Instruction as per Annexure-P, and the respondent No.2, has issued Registration Certificate on 23.06.2009 (Annexure-P1) to run 6th and 7th Standard (permanently unaided) in English Medium School. It is also to be noted that, the respondent No.5 has issued the Registration Certificate dated 06.07.2009, (Annexure-Q) to conduct classes from 8th standard to 10th standard in Urdu Medium of Instruction. On 24.06.2010 (Annexure-R), the respondent No. 2 has accorded permission to run 8th standard to 10th standard in the Medium of English language. It is also pleaded in the writ petition that, the Recognition Certificate dated 15.09.2012 and 23.01.2017 (Annexure-S and T respectively) was issued by the respondent No.6, to the 'Jamia Mohammediya Mansoora'. Similar Recognition Certificate was issued by the competent authority as per the Annexure-V, W, X, Y, Z, AA, AB, AC and AD respectively.

3. It is further stated in the writ petition that, the Memorandum dated 29.09.2015, was issued by the respondent No.2 as to change of the name of the school, from 'Jamiya Mohammadiya Mansoora Urdu Primary School', Thanisandra as 'Saamar Internati

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