Writ Petition No. 31664 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:13777 WP No. 31664 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 31664 OF 2024 (EDN-RES) BETWEEN: RASHMI EDUCATIONAL TRUST, VIDYANIKETAN PUBLIC SCHOOL, NO.85/1, SALLAPURDAMMA LAYOUT, SUNKADAKATTE, BENGALURU - 560 091, REPRESENTED BY ITS SECRETARY SRI. DHANANJAYA K.H. …PETITIONER (BY SRI. SRIKANTH M.P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION AND LITERACY DEPARTMENT, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. THE COMMISSIONER, SCHOOL EDUCATION AND LITERACY DEPARTMENT, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K.R. CIRCLE, BANGALORE - 560 001. 3. THE DIRECTOR, SCHOOL EDUCATION AND LITERACY DEPARTMENT, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K.R.CIRCLE, BANGALORE - 560 001.
Legal Reasoning
Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:13777 WP No. 31664 of 2024 4. THE DEPUTY DIRECTOR, SCHOOL EDUCATION AND LITERACY DEPARTMENT, BANGALORE NORTH DISTRICT, K.G. ROAD, BANGALORE - 560 002. 5. THE BLOCK EDUCATION OFFICER, SCHOOL EDUCATION AND LITERACY DEPARTMENT, NORTH RANGE-I, RAJAJINAGAR II BLOCK, BANGALORE - 560 010. …RESPONDENTS
Legal Reasoning
(BY SMT. SUKANYA BALIGA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD NIL BEARING NO. NIL ISSUED BY THE R-4 AS AVAILABLE FROM THE WEBSITE HTTP.//SCHOOLEDUCATION.KAR NIC.IN OF THE RESPONDENT DEPARTMENT PRODUCED VIDE ANNX-C ON APPLICATION NO. 231665 SUBMITTED BY THE PETITIONER FOR UP GRADATION OF THE EDUCATIONAL INSTITUTION RUN BY THE PETITIONER VIDE ANNX-B 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, the petitioner seeks the following reliefs: (a) Quash the order dated NIL bearing No.NIL issued by the 4th respondent as available from the website http://schooleducation.kar.nic.in of the respondent department produced vide Annexure-C on application No.231665 - 3 - NC: 2025:KHC:13777 WP No. 31664 of 2024 submitted by the petitioner for ugpgradation of the Educational Institution run by the petitioner vide Annexure-B. (b) Quash the order dated 30.09.2024 passed on Appeal No.02/2024 (231665) vide Annexure-E by the second respondent. (c) Further direct the respondents to consider the case of the petitioner institution for registering standards IX and X in the institution Rashmi Educational Trust, Vidyaniketan Public School, run by the petitioner management. 2. A perusal of the material on record will indicate that the petitioner is a registered Trust running the subject school under the name and style Vidyaniketan English School, which is run from pre-primary to high school i.e., upto VIII standard. The petitioner sought for upgradation to Class IX and X by submitting an application in this regard on 11.06.2024, pursuant to which the respondent No.4 passed the impugned order dated 21.10.2023 at Annexure C rejecting the request of the petitioner for upgradation to Class IX and Class X on the ground that - 4 - NC: 2025:KHC:13777 WP No. 31664 of 2024 relevant documents had not been produced by the petitioner. Aggrieved by the same, the petitioner filed an appeal No.2/2024 before the respondent No.2 - appellate authority, which proceeded to pass the impugned order at Annexure-E dated 30.09.2024 dismissing the appeal and consequently, confirming the rejection of the application filed by the petitioner for upgradation of its school to Class IX and Class X. Aggrieved by the impugned orders, the petitioner is before this court by way of the present petition. 3. Learned counsel for the petitioner submits that apart from the fact that all the documents sought for by the respondents are neither relevant nor necessary nor required for the purpose of considering the request for upgradation, some of the documents are available with the petitioner who would produce them if the impugned orders are set aside and the matter is remitted back to the respondent No.4 for re-consideration afresh in accordance with law. It is also submitted that if one more opportunity - 5 - NC: 2025:KHC:13777 WP No. 31664 of 2024 is provided, the petitioner would be in a position to putforth his submissions / contentions / explanation as to why all the documents sought for by the respondents were not required as per the relevant Regulations etc and as such, the impugned orders deserves to be set aside and the matter be remitted back to respondent No.4 for re- consideration afresh in accordance with law within a stipulated time frame. 4. Per contra, learned Additional Government Advocate submits that there is no merit in the petition and that the same is liable to be dismissed. 5. Though several contentions have been urged by both sides in support of their respective claims, having regard to the fact that the petitioner not only intends to produce additional documents but also seeks to substantiate his contention that all the documents sought for by the respondents are not relevant or necessary or essential for the purpose of considering the claim for upgradation, I deem it just and appropriate to provide one - 6 - NC: 2025:KHC:13777 WP No. 31664 of 2024 more opportunity to the petitioner by setting aside the impugned orders at Annexures C and E and remit the matter back to respondent No.4 for re-consideration afresh in accordance with law within a stipulated time
Decision
frame. In the result, I pass the following: O R D E R (ii) Petition is hereby allowed. (iii) The impugned order dated 21.10.2023 Annexure-C passed by respondent No.4 and the order dated 30.09.2024 passed on Appeal No.02/2024 (231665) vide Annexure-E by the respondent No.2 are hereby set aside. (iv) The matter is remitted back to respondent No.4 for re-consideration afresh in accordance with law. (v) The petitioner undertakes to appear before the respondent No.4 on 07.04.2025 at 11.00 a.m. (vi) Liberty is reserved to the petitioner to submit additional pleadings / documents - 7 - NC: 2025:KHC:13777 WP No. 31664 of 2024 etc before respondent No.4 who shall provide sufficient and reasonable opportunity to the petitioner herein and consider the request of the petitioner for upgradation bearing in mind judgments of this court and other relevant case laws and in accordance with law within a period of two weeks from 07.04.2025. Sd/- (S.R.KRISHNA KUMAR) JUDGE SS List No.: 1 Sl No.: 3 CT: BHK