Allowed

Sadhu Vaswani Mission Trust (R) v. the State of Karnataka

Karnataka HC8 Feb 2024WP/3876/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a writ petition lodged by Sadhu Vaswani Mission Trust seeking quashing of a notification and issuance of mandatory orders. The Court held that the requirement to submit audit reports of the previous three years for obtaining a No Objection Certificate was illegal and ordered its removal.

What did the court decide?

The notification requiring three years' audit reports was quashed; mandamus was issued to the respondents to consider the application without this condition within four weeks.

Sadhu Vaswani Mission Trust (R) Vs the State of… — Education and Admissions | Karnataka HC (2024)

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NC: 2024:KHC:5391 WP No. 3876 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF FEBRUARY, 2024 BEFORE

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THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO.3876 OF 2024 (EDN-RES)

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BETWEEN:

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SADHU VASWANI MISSION TRUST (R), A TRUST REGISTERED UNDER THE INDIAN TRUST ACT, REGISTERED OFFICE AT NO.58, 3^RD FLOOR, RAILWAY PARALLEL, SHESHADRIPURAM, BENGALURU - 560 020. REP. BY ITS ACCOUNTS OFFICER AND AUTHORIZED REPRESENTATIVE, MRS. UMA N.

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…PETITIONER

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[BY MRS. USHA S. NAIR, ADVOCATE FOR SRI MAHESH A.S., ADVOCATE (PH)]

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AND:

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THE STATE OF KARNATAKA, DEPARTMENT OF EDUCATION, M.S.BUILDING, DR. B.R. AMBEDKAR ROAD, BENGALURU - 560 001. REP. BY ITS PRINCIPAL SECRETARY.

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Digitally signed by GURURAJ D Location: High Court of Karnataka

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THE COMMISSIONER OF PUBLIC INSTRUCTIONS, NEW PUBLIC OFFICE, NEAR -RBI, NRUPATHUNGA ROAD, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BENGALURU - 560 001.

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THE DEPUTY DIRECTOR (ADMINISTRATION), DEPARTMENT OF PUBLIC INSTRUCTION, BENGALURU NORTH DISTRICT, K.G.ROAD, BENGALURU - 560 002.

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BLOCK EDUCATION OFFICER, DEPARTMENT OF PUBLIC INSTRUCTION, BENGALURU NORTH DISTRICT, NORTH-4, YELAHANKA, BENGALURU - 560 064.

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…RESPONDENTS

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[BY SRI PRINCE ISSAC, AGA FOR R1 TO R4 (PH)]

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NC: 2024:KHC:5391 WP No. 3876 of 2024

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) QUASH NOTIFICATION BEARING NO.C7(2)PRA.SHI.A/NI.PA.NI.01/2020-21 DATED 02/03/2023 (ANNEXURE-J) ISSUED BY R2 IN SO FAR IT RELATES TO THE CONDITION THAT SCHOOL HAS TO FUNCTION UNDER STATE SYLLABUS FOR THREE YEARS AND REQUIREMENT OF FILING THREE YEARS AUDIT REPORT. (b) ORDER TO THE R2 TO R4 AND DIRECT THEM TO ISSUE NOC TO PETITIONER WITHOUT INSISTING FOR FILING AUDIT REPORT UNDER PROVISIONS OF KARNATAKA EDUCATION INSTITUTIONS (ISSUE OF NO OBJECTION CERTIFICATE AND CONTROL) RULES, 2022.

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

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ORDER

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This writ petition is filed seeking for following reliefs:

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(a) Issue Writ of Certiorari or any other writ or order and quash notification bearing No.C7(2)PRA.SHI.A/NI.PA.NI.01/2020-21 dated 02.03.2023 (Annexure-J) issued by 2^nd Respondent in so far as it relates to the condition that school has to function under State syllabus for three years and requirement of filing three years audit report.

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(b) Issue Writ of Mandamus or any other writ or order to the 2^nd to 4^th respondents and direct them to issue NOC to petitioner without insisting for filing audit report under provisions of Karnataka Education Institutions (Issue of No Objection Certificate and Control) Rules, 2022 and etc.,

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Mrs.Usha S. Nair, learned counsel appearing for Sri A.S. Mahesh, advocate for petitioner submitted that petitioner-Trust had established and running "Sadhu Vaswani International School" a private and unaided Educational Institution for Standards I to VIII. As it intended to affiliate said school to Central Board of Secondary Education (' CBSE ' for

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NC: 2024:KHC:5391 WP No. 3876 of 2024

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short), it submitted application for obtaining " No Objection " from State Government in accordance with Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022 (' Rules ' for short). Said application was required to be filed in Form no.I, in which condition (vi) in Column no.3 mandates submission of Audit Reports of Institution for previous three years.

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compliance with such condition as irrelevant as it amounted to unnecessary interference. Para no.12 and 13 reads 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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13. In the light of the findings recorded above, I proceeded to pass the following;

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The Writ petition is allowed in part.

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Writ of mandamus issues to respondent Nos.2 and 3 to consider application submitted by petitioner - Trust seeking affiliation and shall accept application of petitioner through on-line by dispensing condition indicated in Clause vi, column

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NC: 2024:KHC:5391 WP No. 3876 of 2024

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3 of Form No.I and thereafter, pass appropriate orders on application in accordance with law within a period of 10 days."

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It was submitted that petitioner herein was also unable to file application online without complying with requirement of Audit Reports of three previous years. Therefore, ratio in W.P.no.11980/2023 would squarely cover subject matter of present petition and sought for allowing writ petition.

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On other hand, Sri Prince Issac, learned Additional Government Advocate appearing for respondents would submit that subsequent to passing of above order by this Court, Government had passed order on 13.10.2023, taking note of decision to dispense with condition (vi) in Column no.3 said requirement.

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In reply, learned counsel for petitioner would submit that till date, there is no correction made in online portal.

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Heard learned counsel and perused writ petition

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records.

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From above, it is seen that requirement of furnishing Audit Reports of previous three years to seek ' No

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NC: 2024:KHC:5391 WP No. 3876 of 2024

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Objection ' for affiliation to CBSE is held to be illegal by this

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Court in above mentioned writ petition. And even respondentState Authorities had taken note of said decision and dispensed with said requirement. In view of same, petitioner would be entitled for relief. Consequently, following order:

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ORDER

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(i) Writ petition is allowed.

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(ii) Notification bearing no.C7(2) Pra.Shi.A / NI.PA.Ni.01 / 2020-21 dated 02.03.2023 at Annexure-J insofar as condition (vi) in Column no.3 of Form no.I appended to Rules, is quashed.

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(iii) Mandamus is issued to respondent no.3 to consider petitioner's application without insisting upon Audit Reports of previous three years, within four weeks of receipt of certified copy of this order.

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(iv) Prior to above, respondents are directed to open portal permitting petitioner to upload application or permit filing of hard copy of application and pass appropriate orders thereon within time indicated above.

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Sd/JUDGE

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GRD

Sadhu Vaswani Mission Trust (R) v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sadhu Vaswani Mission Trust (R) v. the State of Karnataka

Case brief

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