Partly allowed

Ms Millenium Educational Trust v. State of Karnataka

Karnataka HC1 Apr 2024WP/6716/2024

Case brief

AI extract

What is this about?

Educational trusts sought mandamus to permit NOC applications for CBSE affiliation without insisting on a three-year functioning or audit report. Following an earlier co-ordinate bench order on the identical issue, the court partly allowed the petitions and dispensed with that condition.

What did the court decide?

Petitioners permitted to apply for NOC without three-year functioning/audit report; respondent No.3 directed to consider applications within three weeks.

Ms Millenium Educational Trust Vs State of… — Education and Admissions | Karnataka HC (2024)

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NC: 2024:KHC:13383 WP No. 6716 of 2024 C/W WP No. 6447 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO. 6716 OF 2024 (EDN-RES)

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C/W

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WRIT PETITION NO. 6447 OF 2024 (EDN-RES)

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WP No.6716/2024:

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BETWEEN:

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MS MILLENIUM EDUCATIONAL TRUST A REGISTERED TRUST, REGISTERED UNDER INDIAN TRUST ACT HAVING ITS REGISTERED OFFICE AT NO.36/6,

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SULIKUNTE VILLAGE, VARTHUR HOBALI, BENGALURU EAST TALUK, BENGALURU-562125. .. PETITIONER

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Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA

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(BY SRI. RAKESH B BHATT., 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

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- 2 - NC: 2024:KHC:13383 WP No. 6716 of 2024 C/W WP No. 6447 of 2024

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ROAD, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BENGALURU, KARNATAKA-560001

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DEPUTY DIRECTOR (ADMINISTRATION) DEPARTMENT OF PUBLIC INSTRUCTION, BANGALORE SOUTH DISTRICT, KALASIPALYAM, BENGALURU-560002 .. RESPONDENTS

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

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ORDER AND DIRECT RESPONDENTS NO.1 TO 3 TO ENABLE PETITIONERS TO FILE APPLICATIONS 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 YEAR FUNCTION/FILING OF 3 YEARS AUDIT REPORT.

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WP No.6447/2024:

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BETWEEN:

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BHARATH EDUCATIONAL TRUST A REGISTERED TRUST, REGISTERED UNDER INDIAN TRUST ACT HAVING ITS REGISTERED OFFICE AT NO.1438/761/1, KSRTC COLONY, HOSUR ROAD ANEKAL TOWN, BENGALURU – 562 106, REPT. BY ITS TRUSTEE PRAKASH REDDY. .. PETITIONER

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3 - NC: 2024:KHC:13383 WP No. 6716 of 2024 C/W WP No. 6447 of 2024

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(BY SRI. RAKESH B BHATT., 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, KARNATAKA-560001

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DEPUTY DIRECTOR (ADMINISTRATION) DEPARTMENT OF PUBLIC INSTRUCTION, BANGALORE SOUTH DISTRICT, KALASIPALYAM, BENGALURU-560002

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.. RESPONDENTS

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

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2024:KHC:13383 WP No. 6716 of 2024 C/W WP No. 6447 of 2024

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ORDER

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Petitioners are before this Court seeking for the following reliefs:

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a) Issue a Writ of Mandamus or any other writ or order and direct respondent Nos. 1 to 3 to enable petitioners to file applications 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-year function/ filing of 3 years audit report.

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b) Pass such other order as this Hon'ble court deems fit in the interest of Justice and equity.

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The petitioners pray for a direction to respondents to enable the petitioners to file applications seeking for N.O.C to be issued so as to enable the petitioners to apply for affiliation to the Central Board of Secondary Education (C.B.S.E). Counsel for the petitioners submits

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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

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and as such, he contends that the petitioners may be permitted to file applications without insisting on Three Years Functioning Report/Three Years Audit Report of the

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5 - NC: 2024:KHC:13383 WP No. 6716 of 2024 C/W WP No. 6447 of 2024

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petitioner/Institution. 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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3. Accordingly, I pass the following:

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ORDER

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i) Writ Petitions are allowed-in-part.

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ii) Petitioners are permitted to file applications 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 year function/filing of 3 years audit report.

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iii) A mandamus is issued directing Respondent No.3 to consider the applications/representations to be submitted by the petitioners 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)

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6 - NC: 2024:KHC:13383 WP No. 6716 of 2024 C/W WP No. 6447 of 2024

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Rules, 2022 of requiring Three Years

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Functioning/Three Years Audit Report and thereafter pass appropriate orders on the applications within a period of three weeks from the date of receipt of the applications.

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Sd/JUDGE

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CM List No.: 1 Sl No.: 164

Ms Millenium Educational Trust v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Ms Millenium Educational Trust v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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