Writ Petition No. 12849 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:16420 WP No. 12849 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.12849 OF 2024 (EDN-RES) …PETITIONER BETWEEN: SREE GANAPATHI VIDYA SAMSTHE (R) HEBBUR, TUMKUR TALUK, TUMKUR DISTRICT REP. BY ITS SECRETARY, SRI TRH PRAKASH, S/O T H RAMIAH,M AGED ABOUT 62 YEARS, CSI LAYOUT, TUMKUR TALUK (BY SRI. SRIKANTH M P., ADVOCATE) AND: 1. 2. 3. 4. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT SCHOOL EDUCATION AND LITERACY DEPARTMENT M S BUILDING, BANGALORE – 560 001. THE COMMISSIONER SCHOOL EDUCATION AND LITERACY DEPARTMENT NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K R CIRCLE, BANGALORE - 560 001. THE DIRECTOR OF PUBLIC INSTRUCTIONS, SCHOOL EDUCATION AND LITERACY DEPARTMENT SECONDARY EDUCATION NEW PUBLIC OFFICE, NRUPATHUNGA ROAD, K R CIRCLE, BANGALORE – 560 001. THE DEPUTY DIRECTOR SCHOOL EDUCATION AND LITERACY DEPARTMENT TUMKUR SOUTH DISTRICT, TUMKUR – 572 101.
Facts
Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:16420 WP No. 12849 of 2024 5. THE BLOCK EDUCATION OFFICER TUMKUR TALUK, TUMKUR-572 101.
Legal Reasoning
principles of natural justice warranting interference by this Court in the present petition. 7.
Arguments
(BY SMT. SUKANYA BALIGA.B, AGA) …RESPONDENTS THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT BEARING NO AA PRA SHA SHI HIMBARAHA 26/2023-24 DATED 13/02/2024 AS ISSUED BY THE R5 VIDE ANNEXURE-N AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 Endorsement bearing No.AA PRA SHA SHI HIMBARAHA 26/2023-24 dated 13.02.2024 as issued by the 5th respondent vide Annexure-N. b) Direct respondent Nos.1 to 3 to consider the proposal dated 11.02.2023 vide Annexure-J regarding change of medium to English from Kannada Medium insofar as each Section of 8th, 9th and 10th Standards in Ganapathi High School, Hebbur run by the petitioner management in accordance with Rule 7 and Form No.III and IV of the Karnataka Educational Institutions (Classification and Registration), Rules, 1997, Circular dated 05.09.2015 issued by the Government vide Annexure-L in furtherance of the decision of the Hon’ble Supreme Court and this Hon’ble Court. - 3 - NC: 2025:KHC:16420 WP No. 12849 of 2024 c) 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 learned counsel for the petitioner and learned AGA for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner is running the subject educational institution in Kannada medium from classes 8th, 9th and 10th standards. It is an undisputed fact as borne out from the material on record that in all the three classes i.e., 8th, 9th and 10th, petitioner – institution has two sections each, both being run in Kannada medium on admitted grant-in-aid code. Petitioner submitted an application / proposal seeking change of medium of instructions in one section out of two sections for 8th, 9th and 10th to English medium, which was refused by respondent No.5 vide impugned endorsement at Annexure – N dated 13.02.2024 and as such, the petitioner is before this Court by way of the present petition. 4. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invited my attention to the impugned - 4 - NC: 2025:KHC:16420 WP No. 12849 of 2024 endorsement in order to point out that the same is a bald, vague, cryptic, laconic, unreasoned and non-speaking endorsement and the same deserves to be quashed. It is also submitted that though petitioner had placed reliance upon Rule 7 and Form Nos.3 and 4 of the Karnataka Education Institutions (Classification and Registration), Rules, 1997 and the Circular dated 05.09.2015 as well as judgment of the various Courts including the Apex Court and this Court, the same has not been considered by the respondents, who has proceeded to reject the application / proposal, which deserves to be quashed on this ground also. 5. Per contra, learned AGA for the respondents would reiterate the various contentions urged in the Statement of objections and supports the impugned endorsement and submits that there is no merit in the petition and that the same is liable to be dismissed. 6. As rightly contended by learned counsel for he petitioner, the impugned endorsement is a bald, vague, cryptic, laconic, unreasoned and non-speaking endorsement and that the judgment of the various Courts including the Apex Court and this Court, Circular have not been considered by respondent No.5 - 5 - NC: 2025:KHC:16420 WP No. 12849 of 2024 before issuing the impugned endorsement, which is violative of
Decision
In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned endorsement at Annexure – N dated 13.02.2024 issued by respondent No.5 is hereby set aside. (iii) Matter is remitted back to the concerned respondent for reconsideration of the application / proposal at Annexure – J dated 11.02.2023 submitted by the petitioner. (iv) The concerned respondent is directed to consider the application / proposal at Annexure – J dated 11.02.2023 submitted by the petitioner, in accordance with law bearing in mind Karnataka Education Institutions (Classification and Registration), Rules, 1997 and the Circular dated 05.09.2015 as well as judgment of the various Courts including the Apex Court and this Court, etc., and - 6 - NC: 2025:KHC:16420 WP No. 12849 of 2024 take appropriate decision or pass appropriate orders, within a period of one month from 28.04.2025. (v) Petitioner shall appear before the concerned respondent on 28.04.2025. (vi) Liberty is reserved in favour of the petitioner to file its reply, pleadings, documents, etc., before the concerned respondent, who shall consider the same and pass appropriate orders in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 66