Partly allowed

Hyderabad Karnataka Education Society v. State of Karnataka

Karnataka HC19 Mar 2024WP/5108/2024

Case brief

AI extract

What is this about?

Schools sought NOCs for CBSE affiliation without filing three-year audit reports required under the Karnataka Educational Institutions (Issue of NOC and Control) Rules, 2022. Relying on a co-ordinate bench order in an identical matter, the court directed consideration of their applications dispensing with that condition.

What did the court decide?

Mandamus to Respondent No.3 to consider the petitioners' applications dated 24.01.2024 dispensing with the three-year audit report condition and pass orders within three weeks.

Hyderabad Karnataka Education Society Vs State of… — Education and Admissions | Karnataka HC (2024)

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1 - NC: 2024:KHC:11574 WP No. 5108 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5108 OF 2024 (EDN-RES)

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BETWEEN:

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HYDERABAD KARNATAKA EDUCATION SOCIETY BEHIND PDA ENGINEERING COLLEGE, AIWAN-E-SHAHI AREA KALABURGI-585101 REPRESENTED BY ITS PRESIDENT SRI DR BHIMASHANKAR BILGUNDI S/O CHANDRASHEKAR BILGUNDI AGE 70 YEARS

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NATIONAL PUBLIC SCHOOL SADASHIVANAGAR BENGALURU-560080 REPRESENTED BY ITS PRESIDENT PRINCIPAL SMT PIYALI SHOME W/O JAIDEEP SHOME AGE 51 YEARS

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…PETITIONERS

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Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA

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(BY SRI. S.M. CHANDRASHEKAR SR. COUNSEL FOR

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SRI. GIRISH GANAPATHRAO NILEGAR.,ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF EDUCATION, VIKASA SOUDHA BENGALURU-560001 REPRESENTED BY PRINCIPAL SECRETARY

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

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2 - NC: 2024:KHC:11574 WP No. 5108 of 2024

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KARNATAKA-560001

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THE DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTION BANGALORE NORTH DISTRICT OPP KAVERI BHAVAN K G ROAD BENGALURU-560002

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BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTION BENGALURU NORTH -2 ZONE, 18^TH CROSS, MALLESHWARAM BENGALURU-560003

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…RESPONDENTS

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(BY SRI. CHANNAPPA ERAPPA., HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE CONDITION OF PROVIDING COPIES OF AUDIT REPORT OF PREVIOUS 3 YEARS PROVIDED IN CLAUSE vi, COLUMN 3 OF FORM I OF THE KARNATAKA EDUCATIONAL INSTITUTIONS (ISSUE OF NO OBJECTION CERTIFICATE AND CONTROL) RULES, 2022 AS NOT MANDATORY FOR ISSUING NOC BEARING NO.ED 63 PGC 2013 , ISSUED BY R1, (ANNEXURE-G) DTD 11.5.2022 AND ETC.

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

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ORDER

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Learned HCGP accepts notice for respondents No.1

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to 4.

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The petitioners are before this Court seeking for the

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following reliefs:

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3 - NC: 2024:KHC:11574 WP No. 5108 of 2024

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a) Declare that the condition of providing copies of audit report of previous 3 years provided in Clause vi, column 3 of form I of the Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022 as not mandatory for issuing NOC Bearing No.ED 63 PGC 2013 , issued by R1, (AnnexureG) dtd 11.5.2022

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b) In the alternative if this Hon’ble Court comes to the conclusion that the aforesaid condition provided in clause vi, column 3 of Form I of the Karnataka Educational Institutions (issue of no objection certificate and control) Rules, 2022 is mandatory then declare that said condition provided in clause I, column 3 of Form 1 of the Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules 2022 is unconstitutional Annexure-G Bearing No.ED 63 PGC 2013 , dtd 11.5.2022

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c) Issue a writ of certiorari or any other writ or order and quash the notification bearing no.C7(2)PRA SHI A / NI.PA.NI.01/2020-21 dtd 02.03.2023 issued by the R2 in so far as imposing condition that, school has to function under state syllabus and has to file audit report for the same for three years Annexure-J, issued by R2.

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d) Issue writ of mandamus or any other writ or order to the R2 and R3 and direct them to issue NOC to the petitioner school without insisting for filing audit report as per the Karnataka Educational Institutions (issue of no objection certificate and control) Rules, 2022 dtd 24.1.2024, Annexure-F, F1, F2)

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e) Pass such other orders as this Hon’ble Court deems fit in the interest of justice and equity.

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3. The petitioners had submitted representations on

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24.01.2024 seeking for N.O.C to be issued so as to

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enable the petitioners to apply for affiliation to the Central Board of Secondary Education (C.B.S.E).

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4 - NC: 2024:KHC:11574 WP No. 5108 of 2024

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The learned counsel for the petitioners submits that the lis in the present matter has already been decided by the co-ordinate Bench of this Court by Order dated 19.06.2023 in Writ Petition No.11980/2023 and as such, he contends that the representations of the petitioners would have to be considered without insisting on Three Years Functioning Report/Three Years Audit Report of the petitioner/Institution.

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A perusal of the order dated 19.06.2023 in Writ Petition No.11980/2023 indicates that this Court has considered the very same issue and directed the respondents to consider the representation in accordance with law within a period of three weeks.

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Accordingly, I 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:11574 WP No. 5108 of 2024

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ii) A mandamus is issued directing Respondent No.3 to consider the application/representations submitted by the petitioners dated 24.01.2024 at Annexures-F, F1 and F2 dispensing with the condition indicated in Clause (vi) Column No.3 of Form-I of the Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022 (for short 'Rules 2022') of requiring Three Years Functioning/Three Years Audit Report and thereafter pass appropriate orders on the application within a period of three weeks from the date of receipt of a copy of this Order.

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Sd/JUDGE

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PRS

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List No.: 2 Sl No.: 25

Hyderabad Karnataka Education Society v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Hyderabad Karnataka Education Society v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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