Partly allowed

Kairalee Nikethan Education Trust (R) v. State of Karnataka

Karnataka HC8 Apr 2024WP/10645/2024

Case brief

AI extract

What is this about?

Petitioner trust sought a direction to file for NOC without submitting a 3-year audit report. Relying on a prior decision, the Court held that demanding a 3-year audit report for an institution less than three years old is an unjustifiable impediment under the Rules, 2022. The writ petition was allowed, and mandamus was issued to respondents to consider the application by dispensing with the impug

What did the court decide?

Writ of mandamus issued to respondents to consider application for affiliation by dispensing with the condition in Form-I Clause vi Column 3 regarding 3-year audit/operation, and to pass orders within

Kairalee Nikethan Education Trust (R) Vs State of… — Education and Admissions | Karnataka HC (2024)

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1 - NC: 2024:KHC:14546 WP No. 10645 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO. 10645 OF 2024 (EDN-RES)

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BETWEEN:

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KAIRALEE NIKETHAN EDUCATION TRUST (R) A REGISTERED TRUST HAVING ITS OFFICE AT 5^TH MAIN, 9^TH CROSS INDIRANAGAR 1^ST STAGE BANGALORE-560 038. REPRESENTED BY ITS SECRETARY SHRI JAIJO JOSEPH.

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…PETITIONER

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(BY SRI. ANIRUDH A. KULKARNI, ADVOCATE)

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF EDUCATION GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, AMBEDKAR VEEDHI BENGALURU-560 001.

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THE COMMISSIONER OF PUBLIC INSTRUCTION NRUPATHUNGA ROAD SAMPANGIRAMA NAGAR BENGALURU-560 001.

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2 - NC: 2024:KHC:14546 WP No. 10645 of 2024

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (ADMINISTRATION) BENGALURU NORTH DISTRICT K.G.ROAD

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BENGALURU-560 002.

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…RESPONDENTS

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(BY SMT. PRATIBHA .R.K, AGA)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ORDER AND DIRECT RESPONDENTS TO ENABLE PETITIONER TO FILE APPLICATION THROUGH ONLINE OR OFFLINE MODE SEEKING FOR NOC AS PER KARNATAKA EDUCATIONAL INSTITUTIONS (ISSUE OF NO OBJECTION CERTIFICATE AND CONTROL) RULES, 2022 WITHOUT INSISTING FOR 3 YEARS FUNCTION / FILING OF 3 YEARS AUDIT REPORT.

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THIS WP, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The captioned petition is filed seeking mandamus against respondents to enable the petitioner to file application through online or offline mode seeking for NOC as per Karnataka Educational Institutions (Issue of No

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3 - NC: 2024:KHC:14546 WP No. 10645 of 2024

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Objection Certificate and Control) Rules, 2022 (for short "Rules, 2022,") without insisting for 3 years audit report.

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Learned AGA accepts notice for respondents.

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The learned counsel for the petitioner has

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placed reliance on the judgment rendered by this Court in W.P.No.11980/2023 in the similar set of facts. The relevant portion of the judgment rendered by this Court is extracted as under:

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“ 12. If petitioner – Trust, while seeking NOC from the State Government, has annexed all requisites documents as indicated in under Sub Rule (3) of “Rules, 2022”, the Authorities are bound to consider the application seeking NOC in accordance with law. The condition imposed in clause vi column No.3 of Form-I of “Rules, 2022” as per Annexure-H is held not maintainable for issuing NOC in respect of those institutions, which are duly established. The prayer No.b does not survive for consideration. ”

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This Court has clearly observed that if an institution has furnished all necessary documents as prescribed under Sub Rule (3) of the "Rules, 2022," then the authorities are precluded from imposing additional conditions in Form

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4 - NC: 2024:KHC:14546 WP No. 10645 of 2024

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No. 1 to deny the issuance of a No Objection Certificate (NOC). This includes any insistence on the submission of an audit report covering a period of three years, especially in cases where the institution has not yet completed even a single year of operation. Such requirements would contravene the provisions outlined in the aforementioned rules and would constitute an unjustifiable impediment to the issuance of the NOC.

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Therefore, this Court is of the view that this

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petition needs to be allowed on the same lines as indicated

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in the aforesaid judgment.

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For the foregoing reasons, this Court proceeds to pass the following:

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ORDER

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(i) The writ petition is allowed in part;

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5 - NC: 2024:KHC:14546 WP No. 10645 of 2024

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(ii) Writ of mandamus issues to respondents 2 and 3 to consider application submitted by the petitioner-Trust seeking affiliation and shall accept application of the petitioner through on-line by dispensing condition indicated in Clause vi, column 3 of Form No.I and thereafter, pass appropriate orders on the application in accordance with law within a period of 10 days from the date of receipt of a certified copy of this order.

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Pending applications, if any, are also disposed of.

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Sd/JUDGE

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ALB List No.: 3 Sl No.: 1

Kairalee Nikethan Education Trust (R) v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Kairalee Nikethan Education Trust (R) v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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