SADGAMAYA COUNCIL, A REGISTERED COMPANY REGISTERED UNDER v. STATE OF KARNATAKA

(BY SRI RAKESH B. BHATT, ADVOCATE) AND:

1. STATE OF KARNATAKA, DEPARTMENT OF EDUCATION, VIKAS SOUDHA, BENGALURU - 560 001. REP. BY PRINCIPAL SECRETARY.

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

3. DEPUTY DIRECTOR (ADMINISTRATION), DEPARTMENT OF PUBLIC INSTRUCTION , BANGALORE SOUTH DISTRICT, KALASIPALYAM, BENGALURU - 560 002. (BY SRI PRINCE ISAAC, AGA FOR RESPONDENTS) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-DIRECT R1 TO 3 TO ENABLE PETITIONERS TO FILE APPLICATIONS THROUGH ONLINE OR Location: High Court of Karnataka - 2 - NC: 2024:KHC:2981 WP No. 2059 of 2024 C/W WP No. 2063 of 2024 WP No. 2078 of 2024 OFFLINE MODE SEEKING FOR NOC AS PER KARNATAKA EDUCATIONAL INSTITUTIONS (ISSUE OF NO OBJECTION CERTIFICATE AND CONTROL) RULES, 2022 WITHOUT INSISTING FOR 3 YEAR FUNCTION/FILING OF 3 YEARS AUDIT REPORT AND ETC. IN W.P.NO.2063/2024: BETWEEN: ZIA CENTER OF EXCELLENCE TRUST, A REGISTERED TRUST REGISTERED UNDER INDIAN TRUST ACT, HAVING ITS REGISTERED OFFICE AT NO.102, ARMAN APARTMENT, TILAK NAGAR, KRISHNAPPA GARDEN, JAYANAGAR, BENGALURU-560 041. REP. BY ITS PRESIDENT, MR. NASIM AHMAD. …PETITIONER (BY SRI RAKESH B. BHATT, ADVOCATE) AND:

1. STATE OF KARNATAKA, DEPARTMENT OF EDUCATION, VIKAS SOUDHA, BENGALURU - 560 001. REP. BY PRINCIPAL SECRETARY.

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

3. DEPUTY DIRECTOR (ADMINISTRATION), DEPARTMENT OF PUBLIC INSTRUCTION , BANGALORE SOUTH DISTRICT, KALASIPALYAM, BENGALURU - 560 002. (BY SRI PRINCE ISAAC, AGA FOR RESPONDENTS) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R1 TO 3 TO ENABLE PETITIONERS TO FILE APPLICATIONS THROUGH ONLINE OR OFFLINE MODE SEEKING FOR NOC AS PER KARNATAKA EDUCATIONAL INSTITUTIONS (ISSUE OF NO OBJECTION - 3 - NC: 2024:KHC:2981 WP No. 2059 of 2024 C/W WP No. 2063 of 2024 WP No. 2078 of 2024 CERTIFICATE AND CONTROL) RULES, 2022 WITHOUT INSISTING FOR 3 YEAR FUNCTION/FILING OF 3 YEARS AUDIT REPORT AND ETC. IN W.P.NO.2078/2024: BETWEEN: NATIONAL INSTITUTE OF VALUE EDUCATION, A REGISTERED TRUST REGISTERED UNDER INDIAN TRUST ACT, HAVING ITS REGISTERED OFFICE AT 48/10, 13TH CROSS ROAD, MOUNT LAYOUT, MALLESHWARAM, BENGALURU - 560 003. …PETITIONER (BY SRI RAKESH B. BHATT, ADVOCATE) AND:

1. STATE OF KARNATAKA, DEPARTMENT OF EDUCATION, VIKAS SOUDHA, BENGALURU - 560 001. REP. BY PRINCIPAL SECRETARY.

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

3. DEPUTY DIRECTOR (ADMINISTRATION), DEPARTMENT OF PUBLIC INSTRUCTION , BANGALORE SOUTH DISTRICT, KALASIPALYAM, BENGALURU - 560 002. (BY SRI PRINCE ISAAC, AGA FOR RESPONDENTS) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R1 TO 3 TO ENABLE PETITIONERS TO FILE APPLICATIONS THROUGH ONLINE OR OFFLINE MODE SEEKING FOR NOC AS PER KARNATAKA EDUCATIONAL INSTITUTIONS (ISSUE OF NO OBJECTION CERTIFICATE AND CONTROL) RULES, 2022 WITHOUT INSISTING FOR 3 YEAR FUNCTION/FILING OF 3 YEARS AUDIT REPORT AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - 4 - ORDER NC: 2024:KHC:2981 WP No. 2059 of 2024 C/W WP No. 2063 of 2024 WP No. 2078 of 2024 Learned AGA is directed to accept notice for respondents no.1 to 3.

2. These writ petitions are filed seeking for following reliefs: In W.P.no.2059/2024: "Issue a Writ of Mandamus or any other Writ, or Order and direct respondents no.1 to 3 to enable petitioners to file applications through online or offline mode seeking for NOC as per Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022 without insisting for 3 years function/filing of 3 years audit report and etc." [ In W.P.no.2063/2024: "Issue a Writ of Mandamus or any other Writ, or Order and direct respondents no.1 to 3 to enable petitioners to file applications through online or offline mode seeking for NOC as per Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022 without insisting for 3 years function/filing of 3 years audit report and etc." In W.P.no.2078/2024: "Issue a Writ of Mandamus or any other Writ, or Order and direct respondents no.1 to 3 to enable petitioners to file applications through online or offline mode seeking for NOC as per Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022 without insisting for 3 years function/filing of 3 years audit report and etc." - 5 - NC: 2024:KHC:2981 WP No. 2059 of 2024 C/W WP No. 2063 of 2024 WP No. 2078 of 2024

3. Since relief sought for by petitioners is on similar grounds and facts and they were clubbed together.

4. It was submitted that petitioners are Institutions established recently for running educational institutions. It was further submitted that petitioners intended to affiliate their education institutions to Central Board of Secondary Education ('CBSE'). It was submitted that for consideration of affiliation applications, CBSE had required institutions to obtain No Objection Certificate ('NOC') from State Government. For issuance of NOC, Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022 were framed which required filing of Form no.I in column 3(vi) mandated furnishing of minimum three years Audit Report of Institutions.

5. It was submitted that since registration of petitioners' Institutions itself was not more than three years ago, said requirement could not be complied. It was submitted that in challenge against said condition in W.P.no.11980/2023, this Court in its order dated 19.06.2023, held such requirement as unnecessary. The observation of Court, in said order is as follows: If petitioner - Trust, while seeking NOC "12. from the State Government, has annexed all requisites documents as indicated in under Sub-Rule (3) of "Rules, 2022", the Authorities - 6 - NC: 2024:KHC:2981 WP No. 2059 of 2024 C/W WP No. 2063 of 2024 WP No. 2078 of 2024 are bound to consider the application seeking NOC in accordance with law. The condition imposed in clause vi column No.3 of Form-I of "Rules, 2022" as per Annexure-H is held not maintainable for issuing NOC in respect of those institutions, which are duly established. The prayer No.b does not survive consideration."

6. Same would squarely apply to present writ petitions.

7. Hence, following same, writ petitions are disposed of. Respondents are directed to consider petitioners' applications by following ratio laid down above.

8. Respondents are directed to permit petitioners' to file applications either online or offline mode without insisting on said requirement within four weeks and thereafter, process petitioner's applications and pass appropriate orders thereon within four weeks thereafter. Needless to sates that result of such consideration shall be intimated to petitioners. Sd/- JUDGE GRD List No.: 1 Sl No.: 32