Allowed

Sree Deepthi Educational Trust (Regd.), v. the State of Karnataka

Karnataka HC9 Oct 2023WP/16311/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a writ petition challenging an endorsement rejecting an application to start 9th and 10th Standard classes. The court held that the 2018 Amendment Rules do not apply to the petitioner's institution as it was established in 2012, and directed the respondent to process the application accordingly.

What did the court decide?

Impugned endorsement dated 11.04.2023 quashed; Respondent directed to consider application for 9th and 10th Standard in English Medium for 2023-24 ignoring 2018 Rules.

Sree Deepthi Educational Trust (Regd.), Vs the… — Education and Admissions | Karnataka HC (2023)

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1 - NC: 2023:KHC:36665 WP No. 16311 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE ASHOK S.KINAGI

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WRIT PETITION NO. 16311 OF 2023 (EDN-RES)

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BETWEEN:

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SREE DEEPTHI EDUCATIONAL TRUST (REGD.), NO.24 AND 25, 1^st CROSS, BMK LAYOUT, MYSORE ROAD, BANGALORE 560 026 REPRESENTED BY ITS CHAIRMAN AND MANAGING TRUSTEE, SRI. J S MURALIDHAR, S/O LATE S MUNIVENKATAPPA, AGED ABOUT 53 YEARS, …PETITIONER

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(BY SRI. SHASHANK BHAT, ADVOCATE SRI. SATISH K., ADVOCATE)

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Digitally signed by SUNITHA GANGARAJU Location: High Court of Karnataka

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AND:

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THE STATE OF KARNATAKA DEPRATMENT OF EDUCATION, REPRESENTED BY ITS PRINCIPAL SECRETARY, M.S BUILDING, BANGALORE 560 001

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THE COMMISSIONER FOR PUBLIC INSTRUCTION, NRUPATHUNGA ROAD, BANGALORE 560 001

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THE DIRECTOR (SECONDARY EDUCATION) OFFICE OF THE COMMISSIONER FOR PUBLIC INSTRUCTIONS,

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2 - NC: 2023:KHC:36665 WP No. 16311 of 2023

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NRUPATHUNGA ROAD, BANGALORE 560 001

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…RESPONDENTS

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(BY SMT. NAMATHA SHETTY, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO THE IMPUGNED ENDORSEMENT DATED 11/04/2023 (ANNEXURE-AC) FROM THE R3 AND QUASH THE IMPUGNED ENDORSEMENT DATED 11/04/2023 BEARING NO. C8(3) SHASHIVAA. NYAAPRAKARANADA 8347/2022 ISSUED BY THE R3 (ANNEXURE-AC) AND DIRECT THE R3 TO ACCORD PERMISSION TO THE PETITIONER - INSTITUTION TO COMMENCE 9^TH AND 10^TH STANDARD IN ENGLISH MEDIUM FROM THE ACADEMIC YEAR 2023-24 IN THE LIGHT OF RECOMMENDATION DATED 29/12/2022 AND 04/01/2023 (ANNEXURE-Z AND AA).

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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This writ petition is filed challenging the endorsement

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dated 11.04.2023 issued by respondent No.3 vide Annexure-AC and direct respondent No.3 to accord permission to the petitioner-Institution to commence 9^th and 10^th Standard in English Medium from the academic year 2023-24 in the light of recommendation dated 29.12.2022 and 04.01.2023 vide Annexures Z and AA.

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3 - NC: 2023:KHC:36665 WP No. 16311 of 2023

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Brief facts leading rise to filing of this petition are as under:

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The petitioner is registered Trust, which was established to run Educational Institutions for the benefit of public and to the needy. The petitioner has taken permission on 09.01.2013 to start Pre Nursery in the name of "Little Angels Public School". Thereafter, on 11.02.2016, the petitioner got permission to run the classes from 1^st to 5^th Standard in English Medium without grant in aid. Subsequently, the petitioner obtained permission to start classes for 6^th to 8^th Standard in English Medium for the academic year 2017-18 permanently, without grant in aid. Further, vide order dated 26.09.2019, recognition is renewed to impart education from 1^st to 8^th Standard for the year 2023-24. Once again vide order dated 29.02.2020, the recognition is renewed to impart education from 1^st to 8^th Standard for the year 2023-24 for Pre Nursery. Respondent No.2 issued a Circular on 25.11.2019 prescribing the guidelines for registration and recognition of school whereunder

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4 - NC: 2023:KHC:36665 WP No. 16311 of 2023

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exemption is given to the schools, which are already established from application of Karnataka Educational Institutions (Classification, Regulation and Prescription of Curricula) Amendment Rules, 2018 (for short 'the Amendment Rules, 2018'). The petitioner applied for the recognition to start 9^th and 10^th Standard in English Medium. On 08.02.2020, a Third Party Inspection Report was submitted. The petitioner in order to cope up with the changed policy of respondent No.1-Government entered into a Rental Agreement for a period of 27 years on 11.02.2020 with the owner Smt. Saraswathamma to run

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the School in question. The petitioner submitted an application and also obtained Building Safety Certificate from BBMP on 11.02.2020. The petitioner submitted online application to commence classes for 9^th and 10^th Standard for academic year 2023-24 and paid the amount of Rs.1,00,000/- towards permission fee. Respondent No.3 rejected the said application. Hence, this writ petition.

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5 - NC: 2023:KHC:36665 WP No. 16311 of 2023

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Heard learned counsel for petitioner and learned counsel for the respondents.

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Learned counsel for the petitioner submits that the petitioner-Institution was established prior to 08.03.2018. The said Rule is not applicable to the petitioner-Institution. The said Rule is prospective in nature. Respondent No.3 has committed an error in rejecting the said application. He further submits that in identical matter the Co-ordinate Bench of this Court in the case of SREE DEEPTHI EDUCATIONAL TRUST (REGD) VS. THE STATE OF KARNATAKA AND OTHERS in W.P.No.8347/2022 disposed of on 12.09.2022, Hence, on these grounds, he prays to allow the writ petition in terms of the order passed in the aforesaid writ petition.

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5 . Per contra , learned Additional Government

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Advocate submits that the writ petition may be disposed of in the terms of the order passed in the aforesaid writ petition.

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6 - NC: 2023:KHC:36665 WP No. 16311 of 2023

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6. Perused the records and considered the

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submissions made by learned counsel for the parties.

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It is not in dispute that the petitioner-Institution was established in the year 2012 and the petitioner obtained permission to start Pre Nursery classes from 1^st to 5^th Standard in English Medium, without grant in aid on 11.02.2016 and subsequently, the petitioner obtained permission to start classes for 6^th to 8^th Standard in English Medium for academic year 2017-18 permanently without grant in aid. The petitioner intending to start 9^th and 10^th Standard classes and submitted online application to the respondent along with documents and the respondent rejected the said application.

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Placing reliance on the Amendment Rules, 2018, this Court has already clarified that any institution established prior to 08.02.2018, the Amendment Rules, 2018 are not applicable and any institution established after 08.03.2018, Amendment Rules, 2018 are applicable.

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7 - NC: 2023:KHC:36665 WP No. 16311 of 2023

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Admittedly, in the instant case, the petitionerInstitution was established in the year 2012. The said Amendment Rules, 2018 are not applicable to the petitioner educational institution. The order passed in SREE DEEPTHI EDUCATIONAL TRUST (REGD) (Supra) is squarely applicable to the present case in hand.

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Accordingly, considering the said order, I

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proceed to pass the following:

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ORDER

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The writ petition is allowed.

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The impugned endorsement/order dated 11.04.2023 issued by respondent No.3 vide Annexure-AC, is hereby quashed.

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Respondent No.3 is hereby directed to consider the application of the petitioner for the academic year 2023-24 without reference to Rules 2018 in accordance with law.

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Liberty is reserved in favour of the petitioner to produce additional documents with regard to all compliance, within a period of four

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8 - NC: 2023:KHC:36665 WP No. 16311 of 2023

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weeks from the date of receipt of copy of this order.

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Sd/JUDGE

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SSB

Sree Deepthi Educational Trust (Regd.), v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sree Deepthi Educational Trust (Regd.), v. the State of Karnataka

Case brief

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