The High Court disposed of a writ petition seeking an NOC for CBSE affiliation and school recognition. The court directed the respondents to consider the pending application and issue the NOC by 03.03.2023.
Writ of mandamus issued to respondent Nos. 1 to 5 to consider the application dated 12.09.2022 and issue NOC on or before 03.03.2023.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 3326 OF 2023 (EDN-RES)
BETWEEN:
Digitally signed by VINUTHA M Location: High Court of Karnataka
(BY SRI. K. ARUN KUMAR SENIOR COUNSEL, SRI. AMSHUMAN. M., ADVOCATE)
AND:
WP No. 3326 of 2023
…RESPONDENTS
(BY SMT. PRAMODHINI KISHAN AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 5 TO ISSUE AN NOC AS SOUGHT IN ANNEXURE-A DATED 12.09.2022 IN FAVOUR OF THE PETITIONER INSTITUTION WITHIN MARCH 2023.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
WP No. 3326 of 2023
ORDER
Heard the learned Senior counsel Sri K.Arun Kumar
appearing on behalf of Sri Amshuman.M for the petitioner.
notice for the respondents.
WP No. 3326 of 2023
the BEO has recommended the grant of affiliation for CBSE but, the Government has not acted on it. It is also contended that non-consideration of the application for recognition is violation of principles of natural justice and the respondents are causing harassment to the petitioner's institution in imparting education to the students of the schools.
WP No. 3326 of 2023
10. Accordingly, I pass the following:
ORDER
i) Writ petition is disposed of.
ii) A writ of mandamus is issued to respondent Nos.1 to 5 to consider the application dated 12.09.2022 filed by the petitioner's institution with regard to affiliation
WP No. 3326 of 2023
and issuance of NOC. The same shall be expeditiously considered on or before 03.03.2023.
Sd/JUDGE
VM
2 issues framed by the court
Whether the respondents-State are duty-bound to consider the pending application for NOC and recognition regarding CBSE affiliation filed on 12.09.2022.
Whether the school can function without hindrance while awaiting the NOC from the respondent-State.
1 provisions across 1 enactments
SHREE DEVI EDUCATIONAL TRUST
STATE OF KARNATAKA
COMMISSIONER OF PUBLIC INSTRUCTION
DIRECTOR OF PUBLIC INSTRUCTIONS
DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
BLOCK EDUCATION OFFICER
PRADEEP SINGH YERUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
