Allowed

H C Education Trust v. State of Karnataka

Karnataka HC13 Feb 2024WP/3993/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the writ petition filed by an educational trust seeking affiliation for its private unaided school. The Court quashed an endorsement requiring audit reports from previous three years, relying on its own earlier decision that such a mandate was unnecessary for duly established institutions, and directed the authorities to accept the application without this condi

What did the court decide?

Impugned endorsement bearing no.Anu 3: Pra Shi A: Ho. Sa. no.12/21-22 dated 22-Jan-2024 is quashed; mandamus issued to consider representation without insisting on audit reports; direction to communic

H C Education Trust Vs State of Karnataka — Education and Admissions | Karnataka HC (2024)

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NC: 2024:KHC:6092 WP No. 3993 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO. 3993 OF 2024 (EDN-RES)

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BETWEEN:

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H.C. EDUCATION TRUST, A REGISTERED TRUST, WITH ITS OFFICE AT HALASULIGE VILLAGE, SAKALESHPURA TALUK, HASSAN, KARNATAKA - 573 127. REPRESENTED BY ITS SECRETARY, SRI. Y.S. GIRISH, REGISTERED UNDER THE INDIAN TRUST ACT, 1882.

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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 MOHANKUMAR M 1. STATE OF KARNATAKA, Location: High Court 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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NC: 2024:KHC:6092 WP No. 3993 of 2024

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DEPUTY DIRECTOR (ADMINISTRATION), DEPARTMENT OF EDUCATION, D C OFFICE, B M ROAD, BEHIND BM ROAD, RANGOLI HALLA, HASSAN, KARNATAKA - 573 201.

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BLOCK EDUCATION OFFICER, DEPARTMENT OF EDUCATION, HASSAN TALUK, HASSAN DISTRICT, KARNATAKA - 573 201.

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…RESPONDENTS

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(BY SRI PRINCE ISAAC, AGA FOR R1/STATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT AGAINST THE R-3 TO QUASH THE IMPUGNED ENDORSEMENT BEARING NO. ANU 3/PRA SHI A/ HO.SA.NO. 12/21-22 DATED:22/01/2024 ISSUED TO THE PETITIONER AT ANNEXURE-G AND ETC.

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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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(i) Issue a writ in nature of certiorari and/or such or other writ order or direction against respondent no.3 to quash impugned endorsement bearing no.Anu 3: Pra Shi A: Ho. Sa. no.12/21-22 dated 22-Jan-2024 issued to petitioner at Annexure-G;

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(ii) Issue a writ in nature of mandamus and/or such other writ order or direction against respondent no.3 to consider representation dated 22-Jan-2024 issued by petitioner vide Annexure-F etc.

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3 - NC: 2024:KHC:6092 WP No. 3993 of 2024

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Sri Pawan Shyam A., learned counsel for petitioner submitted that petitioner is a registered charitable Trust, which had established school for classes 1 to 5 in name and style "Tusker Tots" and "Tuskaria Academy", a private and unaided institution. Said institution intended to seek affiliation to ICSE Board. For same, there was pre-condition of obtaining "No Objection" (NOC) from State Government in accordance with Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022. It was submitted that for said NOC, an application was required to be filed in Form no.I, which contained a requirement in column 3(vi) for submission of Audit Reports of Institution for previous three years.

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It was submitted, validity of said condition was in consideration before this Court in W.P.no.11980/2023 disposed of on 19.06.2023, wherein said requirement was held to be unnecessary interference and direction issued to consider application. Para no.12 and 13 of order 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

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NC: 2024:KHC:6092 WP No. 3993 of 2024

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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 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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Said ruling would squarely cover subject matter of present petition. Therefore, petitioner sought for allowing writ petition.

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On other hand, learned AGA appearing for respondents would submit that subsequent to passing of order, Government passed an order on 13.10.2023 and taken decision to dispense with said requirement.

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

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Heard learned counsel and perused writ petition records.

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5 - NC: 2024:KHC:6092 WP No. 3993 of 2024

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From above, it is seen that as held by this Court requirement of furnishing Audit Reports of previous three years for seeking NOC for affiliation to ICSE Board has been held to be illegal. It would appear that respondent-State Authorities have also 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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