Writ petition by a school society seeking to quash an order cancelling its recognition. Court disposed of the petition after granting renewal for the next academic year and reserving liberty to the respondents for future non-compliance.
Petition disposed; cancellation order set at naught; liberty reserved for future default.
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, DHARWAD BENCH
DATED THIS THE 16TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 103842 OF 2018 (EDN-RES)
BETWEEN:
GREENWOOD INTERNATIONAL ENGLISH MEDIUM LOWER PRIMARY SCHOOL, SHIVANANDANAGAR, NAVANAGAR, HUBBALLI-580020, MANAGED BY: SHEKHAR S/O. HANUMANTAPPA @ HANUMANT SALIMANI, AGE: 59 YEARS, SRI. SIDDARAMESHWARA VIDYA SAMSTHE, BAGALKOTE, REPRESENTED BY SECRETARY.
…PETITIONER
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
AND:
MANJANNA E
Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
NC: 2024:KHC-D:14972 WP No. 103842 of 2018
…RESPONDENTS
(BY SRI. V.S. KALASURMATH, HCGP FOR R1-R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
quash the order dated 23.05.2018 passed by the 1st respondent at Annexure-J and consequently set aside the order dated 08.09.2017 passed by the 3rd respondent.
petitioner is running a school for 1st standard to 5th standard from the academic year 2015-16 and the petitioner applied permission to start new school in Kannada medium from the academic year 2015-16. When such being the case, in the year 2016-17, a complaint was lodged by a third person alleging that 23 schools have not complied with the circular dated 11.11.2014 and sought for cancellation of the permission to all these schools, including the petitioner’s school. On the basis of complaint, a three man committee was constituted, which visited the school of the petitioner and reported that the petitioner had not complied with the circular dated 11.11.2014. Based on said report, 3rd respondent by its order dated 09.01.2017 cancelled the recognition granted to the petitioner to run the school.
the petitioner approached this Court, which came to be disposed of as not maintainable reserving liberty to file an
appeal under Section 130 of the Karnataka Education Act. Petitioner accordingly filed an appeal before the 2nd respondent, which came to be allowed on the ground that the 3rd respondent passed the order without jurisdiction. Thereafter, the petitioner was issued a show cause notice by the 3rd respondent as to why the permission granted should not be cancelled vide notice dated 18.04.2017. On the said show cause notice, petitioner gave a detailed explanation and reply, but however the 3rd respondent without considering the reply, proceeded to pass the orders by cancelling the recognition granted to the petitioner. Thereafter, the petitioner challenged AnnexureG dated 08.09.2017 before the 1st respondent by filing the Revision Petition No.34/2018 by contending that more than 120 students were studying in the school and apart from that on 03.02.2018, the Commissioner of HubballiDharwad Urban Development Authority was pleased to grant an extent of 4843.80 square meters of land, which would be more than one acre of land in favour of petitioner for 30 years on registered Lease Deed. The 1st respondent
without adverting to the merits of the matter, considering the allotment so made in favour of the petitioner to an extent of more than one acre, proceeded to pass an order and rejected the revision petition by its order dated 23.05.2018.
“I state that we have been allotted with
the civic community plot and we have also under taken the construction of the school building in the said plot. The construction of
ground floor and first floor slab is over. The walls have to be constructed and the same will be completed within period of six months. We have made substantial construction over and we will be shifting the school to the said premises from the academic year 2025-26. We undertake to abide by this affidavit and shift the school to the newly constructed building in plot No.7 of R.S.No.310 situated at Bairidevarkoppa, Hubbali for the academic year 2025-26.”
Secretary of the society and the photographs annexed along with the affidavit, it is apparently seen that substantial amount of construction has been put up on the new location, which would depict that the premises would be completed as per the affidavit and the petitioner would be shifting to the new location to commence the operations of the school activities in the new location which is granted. The respondent has already granted permission for the next academic year i.e., 2024-25, which is not in dispute. The respondents have been served
with the affidavit. They do not have much objection with regard to the statements made herein.
reserving liberty to the respondents to initiate suitable action in case of any default or breach of the terms and conditions as stipulated under the Karnataka Education Act.
NC: 2024:KHC-D:14972 WP No. 103842 of 2018
application, if any does not survive for consideration; same would pale into in-significance.
Sd/(PRADEEP SINGH YERUR) JUDGE
CKK CT-MCK List No.: 1 Sl No.: 2
Greenwood International English Medium Lower Primary School
State of Karnataka, Department of Education
The Commissioner, Department of Public Instruction, Dharwad
The Director, Office of Commissioner, Department of Public Instruction, Dharwad
Deputy Director of Public Instruction, Dharwad
Block Education Officer, Dharwad
Pradeep Singh Yerur
As recorded by the court registry
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