Partly allowed

Arka Educational and Cultural Trust v. State of Karnataka

Karnataka HC26 Mar 2024WP/8401/2024

Case brief

AI extract

What is this about?

A trust sought an NOC for CBSE affiliation and challenged the requirement of a Three Years Functioning/Audit Report under Clause vi of Form I to the Karnataka Educational Institutions Rules, 2022. Relying on a co-ordinate Bench order in W.P. No.11980/2023, the court partly allowed the petition and directed consideration of the application dispensing with that condition within three weeks.

What did the court decide?

Mandamus to Respondent No.3 to consider petitioner's NOC application dispensing with the Three Years Functioning/Audit Report condition under Clause (vi), Column 3 of Form-I, Rules 2022, and pass orde

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

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1 - NC: 2024:KHC:12547 WP No. 8401 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF MARCH, 2024 BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8401 OF 2024 (EDN-RES)

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BETWEEN:

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ARKA EDUCATIONAL AND CULTURAL TRUST REPRESENTED BY ITS MANAGING TRUSTEE, NO 91/2, DR A N KRISHNA ROA ROAD, V V PURAM BENGALURU 560004 MR CHAJJER ROYCHAND CHENRAJ AGED ABOUT 63 YEARS

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…PETITIONER

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(BY SRI. SHRIDHAR PRABHU.,ADVOCATE)

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AND:

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

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Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA

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THE COMMISSIONER OF PUBLIC INSTRUCTIONS NEW PUBLIC OFFICES, NEAR R B I, NRUPATHUNGA ROAD, SAMPANGI RAMA NAGARA, BENGALURU 560001

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THE DEPUTY DIRECTOR (ADMN) DEPARTMENT OF PUBLIC INSTRUCTIONS BENGALURU SOUTH DISTRICT, KALASIPALYAM, BENGALURU 560002.

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THE BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTIONS, BENGALURU SOUTH DIVISION-4

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NC: 2024:KHC:12547 WP No. 8401 of 2024

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KRISHNARAJAPURA, BENGALURU 560036

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…RESPONDENTS

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(BY SRI. M.R. PATIL., HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT CLAUSE VI, COLUMN 3 TO FORM NO. I TO THE KARNATAKA EDUCATIONAL INSTITUTIONS (ISSUE OF NO OBJECTION CERTIFICATE AND CONTROL) RULES, 2022 IS ULTRA VIRES THE PARENT ACT, I.E. THE KARNATAKA EDUCATION ACT, 1983, PRODUCED AT ANENXURE-H AND ETC.

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

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ORDER

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The learned AGA accepts notice for respondents No.1

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to 4.

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The petitioner is before this Court seeking for the

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following reliefs:

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a) Declare that Clause vi, column 3 of Form No.1 to the Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022 is ultra vires the parent Act, i.e., the Karnataka Education Act, 1983, produced at Annexure-H.

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b) Issue a Writ of Certiorari or any other appropriate writ or direction and quash Clause vi, Entry 3 of the Form I of the Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022, produced at Annexure-H.

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c) Issue a writ of Mandamus or any other appropriate writ or direction to respondent Nos. 2 and 3 to consider application submitted by the

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3 - NC: 2024:KHC:12547 WP No. 8401 of 2024

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petitioner-Trust seeking affiliation and to accept application of the petitioner through on-line mode by dispensing with condition indicated in Clause vi, Column 3 of Form No.I to the Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022; d) Issue any other writ or direction as this Hon’ble Court may deem fit in the facts and circumstances of the case.

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The petitioner had submitted application seeking for N.O.C to be issued so as to enable the petitioner to apply for affiliation to the Central Board of Secondary Education (C.B.S.E).

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The learned counsel for the petitioner 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 application of the petitioner would have to be considered without insisting on Three Years Functioning Report/Three Years Audit Report of the petitioner/Institution.

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NC: 2024:KHC:12547 WP No. 8401 of 2024

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A perusal of the Order dated 19.06.2023 in Writ

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Petition No.11980/2023 indicates that this Court has considered the very same issue and directed the

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respondents to consider the application/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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ii) A mandamus is issued directing Respondent No.3 to consider the application/representation of the petitioner 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

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NC: 2024:KHC:12547 WP No. 8401 of 2024

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application within a period of three weeks from

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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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