Allowed

Chandu Educational Trust v. State of Karnataka

Karnataka HC11 Dec 2023WP/27077/2023

Case brief

AI extract

What is this about?

The High Court in a writ petition directed the respondent authority to reconsider an application for a No Objection Certificate (NOC) for CBSE affiliation. The earlier rejection was quashed because the requirement of a 3-year audit report was not prescribed under the Karnataka Educational Institutions Rules, 2022.

What did the court decide?

Impugned endorsement set aside; Respondent No.3 directed to reconsider application in accordance with Rules of 2022 within 15 days.

Chandu Educational Trust Vs State of Karnataka — Education and Admissions | Karnataka HC (2023)

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1 - NC: 2023:KHC:45414 WP No. 27077 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF DECEMBER, 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. 27077 OF 2023 (EDN-RES)

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BETWEEN:

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CHANDU EDUCATIONAL TRUST A REGISTERED TRUST, WITH ITS OFFICE AT CHANDU COMPLEX, SALAGAME ROAD CROSS, OPP. GOVT. SCIENCE COLLEGE SARASWATHIPURAM HASSAN 573 201

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REPRESENTED BY ITS MANAGING TRUSTEE, SRI. J NAVEEN

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…PETITIONER

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(BY SRI. PAWAN SHYAM A., ADVOCATE)

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AND:

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Digitally signed by R DEEPA Location: High Court of Karnataka

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STATE OF KARNATAKA DEPARTMENT OF EDUCATION, VIKAS SOUDHA, BENGALURU 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY.

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THE COMMISSIONER OF PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGAR, BENGALURU 560 001

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DEPUTY DIRECTOR (ADMINISTRATION)

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2 - NC: 2023:KHC:45414 WP No. 27077 of 2023

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DEPARTMENT OF PUBLIC INSTRUCTION, D C OFFICE, B M ROAD, BEHIND B M ROAD, RANGOLI HALLA, HASSAN , KARNATAKA 573 201

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BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTION HASSAN TALUK, HASSAN DISTRICT KARNATAKA 573 201

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…RESPONDENTS

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(BY SMT. MAMATHA SHETTY, AGA FOR R1 TO R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ORDER OR DIRECTION AGAINST THE RESPONDENT NO.3 TO QUASH THE IMPUGNED ENDORSEMENT BEARING NO. 3 PRA SHI A HO.SA.NO.01/22-23 DATED 26.09.2023 ISSUED TO THE PETITIONER AT ANNEXURE-F AND ETC.

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THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This writ petition is filed challenging the impugned endorsement dated 26.09.2023 vide Annexure-F and sought for mandamus directing respondent No.3 to consider the representation of the petitioner dated 26.09.2023 in the light of the resolution bearing No.EP-74 PJC-23 dated 20.10.2023 vide Annexure-G and to consider

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NC: 2023:KHC:45414 WP No. 27077 of 2023

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the representation of the petitioner dated 26.09.2023 vide Annexure-E and grant No Objection Certificate to the petitioner institution as per the Karnataka Educational Institutions (Issue of No objection Certificate and Control) Rules, 2022 (hereinafter referred to as 'Rules of 2022' for short).

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

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The petitioner established school and obtained registration from the Department of Education on 27.12.2022 under the Karnataka Education Act, 1983. The petitioner desirous of obtaining affiliation to CBSE syllabus applied for the affiliation to the said CBSE syllabus as required by the rules of the CBSE Board. As a precondition to the above procedure, the petitioner was required to obtain a No Objection Certificate from the State Government. Pursuant to the said condition, the petitioner has submitted the application to the respondent No.3 for grant of No Objection Certificate. The respondent No.3 issued endorsement rejecting the application of the

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petitioner on the ground that the petitioner has to provide audit report of 3 years. The petitioner aggrieved by the same, has filed this writ petition.

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Heard the learned counsel for the petitioner and also learned Additional Government Advocate for

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respondents.

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Learned counsel for the petitioner submits that requirements for filing the application under Rule 3(3) of the Rules, 2022, is that petitioner-institution is required to provide only valid school registration certificate, valid school recognition certificate, valid building safety certificate and valid fire safety clearance certificate. He submits that the petitioner has produced the documents prescribed in clause (a) to (d) in Rule 3(3) of Rules, 2022. He submits that there is no such condition prescribed in Rule 3(3) for production of audit report. He submits that respondent No.3 has committed an error in rejecting the application of the petitioner on the ground which was not

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NC: 2023:KHC:45414 WP No. 27077 of 2023

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mentioned in clause (a) to (d) of Rule 3(3) of Rules, 2022. Hence, on these grounds he prays to allow the petition.

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Per contra, learned Additional Government Advocate submits that State Department proceedings held on 13.10.2023, dispensing condition for grant of No Objection Certificate for filing for dispensing 3 years audit report. In the light of the proceedings the above writ petition may be disposed of. Hence, prays to dismiss the petition.

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Perused the records and considered the

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submissions of the learned counsel for the parties.

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The petitioner has submitted application for issue of NOC as per Rule 3(3) of Rules, 2022. The petitioner has submitted the documents mentioned in clause (a) to (d) of Rule 3(3) of Rules, 2022. The respondent No.3 rejected the application only on the ground that the petitioner-institution has not produced the audit report. The Rules does not prescribe for enclosing

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audit report along with application. Further, in an identical matter the Hon'ble Co-ordinate bench of this Court disposed of the writ petition in W.P.No.11980/2023 dated 19.06.2023, wherein this Court has made very clear in the said order in para 11 which reads as under:

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11. The primary reason for requirement of NOC is that most of the schools belonging to various States start of as a "State Board Affiliate". As soon as the students of a particular school progress to class-8, CBSE starts accepting affiliation requests through which only those students to allow to take Class-10 Board examination. In simple terms, NOC is required to change the Board from State Education Department. CBSE, in fact, had cancelled NOC Rule as it was found that the Educational Officers are unnecessarily harassing the schools before issuing NOC. Now, the said requirement is again brought back by the CBSE for all the schools seeking affiliation. But, under the garb of considering any application for NOC, the said Authorities should not unnecessarily delay the process of affiliation. If the case is made out and if it is found that the Educational Institution is entitled to seek affiliation with CBSE Board. If school is already registered and a permission is granted and has a recognition certification, the Authorities under

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the garb of enquiry to issue NOC should not unnecessarily sit over the file relating to grant of NOC by adding additional conditions, which are not prescribed under the Rules, 2022.

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Admittedly, in the instant case the application

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of the petitioner was rejected on the ground that the petitioner-institution has not produced audit report of 3 years. The said condition is an additional condition which is not prescribed under the Rules of 2022. The petitioner also stands on the same foot as that of the petitioner in W.P.No.11980/2023. The petitioner is entitle for the benefit of the said order. Hence, I concur with the order passed by the Hon'ble Co-ordinate bench of this Court.

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In the light of the above findings, I proceed to pass the following:

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ORDER

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The writ petition is allowed.

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Impugned order dated 26.09.2023 vide Annexure-F is set aside.

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NC: 2023:KHC:45414 WP No. 27077 of 2023

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Respondent No.3 is directed to reconsider the application of the petitioner in accordance with Rules of 2022 and pass appropriate order within a period of 15 days form the date of receipt of copy of this order.

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SD/JUDGE

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sks

Chandu Educational Trust v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Chandu Educational Trust v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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