Partly allowed

Chimes Educational Trust v. State of Karnataka

Karnataka HC10 Apr 2024WP/9193/2024

Case brief

AI extract

What is this about?

A trust that established a school in November 2022 sought an NOC for affiliation to another Board; authorities refused its online application demanding three years' audit reports. Following its earlier decision in W.P.No.11980/2023, this Court dispensed with that condition and directed acceptance of the application.

What did the court decide?

Mandamus to respondents 2 and 3 to accept the petitioner's online NOC/affiliation application dispensing with the three-year audit report condition, within 10 days.

Chimes Educational Trust Vs State of Karnataka — Education and Admissions | Karnataka HC (2024)

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NC: 2024:KHC:14588 WP No. 9193 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.9193 OF 2024 (EDN-RES)

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BETWEEN:

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CHIMES EDUCATIONAL TRUST A PUBLIC CHARITABLE TRUST HAVING OFFICE AT: NO.5, PATALAMMA TEMPLE STREET BASAVANGUDI BENGALURU – 560 004 REPRESENTED BY ITS MANAGING TRUSTEE MRS.BRINDA SRINIVAS

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…PETITIONER

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(BY SRI. P CHINNAPPA, ADVOCATE)

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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AND:

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STATE OF KARNATAKA DEPARTMENT OF EDUCATION VIKAS SOUDHA BENGALURU - 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY

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THE COMMISSIONER OF PUBLIC INSTRUCTIONS NEW PUBLIC OFFICE, NEAR RBI NRUPATHUNGA ROAD AMBEDKAR VEEDHI

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2 - NC: 2024:KHC:14588 WP No. 9193 of 2024

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SAMPANGI RAMA NAGARA BENGALURU

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KARNATAKA – 560 001

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DEPUTY DIRECTOR (ADMINISTRATION) DEPARTMENT OF PUBLIC INSTRUCTION BENGALURU SOUTH DISTRICT KALASIPALYAM

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BENGALURU – 560 002

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BLOCK EDUCATIONAL OFFICER DEPARTMENT OF PUBLIC INSTRUCTION BENGALURU SOUTH DIVISION KRISHNARAJAPURA BENGALURU – 560 036

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…RESPONDENTS

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(BY SMT.B.SUKANYA BALIGA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ENABLE THE PETITIONERS TO FILE AN APPLICATION SEEKING FOR NOC, EITHER THROUGH ONLINE OR OFFLINE MODE, AS PER THE KARNATAKA EDUCATIONAL INSTITUTIONS (ISSUE OF NO OBJECTION CERTIFICATE AND CONTROL) RULES, 2022 WITHOUT INSISTING ON THE PETITIONER FUNCTIONING FOR A MINIMUM PERIOD OF 3 YEARS AND / OR FILING COPIES OF AUDIT REPORTS OF THE PREVIOUS 3 YEARS.

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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 AGA is directed to accept notice for respondents.

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The short question that falls for consideration before this Court is that;

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Whether respondents Authorities can insist for Audit Reports of previous three years in terms of Clause VI, Column No.3 of Form-I of the Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022?

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It is borne out from records that the petitioner – Trust has established a school by name ‘Tenbroeck Academy’ in November 2022. The Trust now intends to seek affiliation from another Board. Therefore, petitioner

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needs NOC from the respondents Authorities. Though an application for NOC is uploaded by the petitioner – Trust,

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NC: 2024:KHC:14588 WP No. 9193 of 2024

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the respondents are not entertaining the on-line application on the ground that Trust is not eligible to apply for want of Audit Report of three previous years. This issue is squarely covered in the light of the judgment rendered by this Court in W.P.No.11980/2023.

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This Court, in an identical set of facts, has issued directions to the Authorities not to insist for Audit Report of three previous years as the Institution had come into existence recently and therefore, the Institution was not in a position to place on record the Audit Report of three previous years.

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Para No.11 of the findings recorded by this Court in an identical case in W.P.No.11980/2023 is relevant and the same is extracted, which reads as under;

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“11. The primary reason for requirement of NOC is that most of the schools belonging to various States start of as a ‘State Board Affiliate”. As soon as the students of a particular school progress to Class-8, CBSE

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starts accepting affiliation requests through which only those students to allow to take Class-10 Board examination. In simple terms, NOC is required to change the Board from State Education Department. CBSE, in fact, had cancelled NOC Rule as it was found that the Educational Officers are unnecessarily harassing the schools before issuing NOC. Now, the said requirement is again brought back by the CBSE for all the schools seeking affiliation. But, under the garb of considering any application for NOC, the said Authorities should not necessarily delay the process of affiliation. If the case is made out and if it is found that the Educational Institution is entitled to seek affiliation with CBSE Board. If school is already registered and a permission is granted and has a recognition certification, the Authorities under the garb of enquiry to issue NOC should not unnecessarily sit over the file relating to grant of NOC by adding additional conditions, which are not prescribed under the Rules, 2022.”

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In the light of the findings recorded by this

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Court in an identical case, the petitioner – Trust having

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established the present school in November, 2022 is not in

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a position to furnish Audit Report of previous three years.

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For the foregoing reasons, this Court proceeds

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to 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) Writ of mandamus is issued to respondent Nos.2 and 3 to consider application submitted by the petitioner – Trust seeking affiliation and shall accept application of the petitioner through on-line by dispensing condition indicated in Clause vi, column 3 of Form No.I.

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(iii) This exercise shall be completed by respondents within a period of 10 days from the date of receipt of order copy.

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(iv) Learned AGA shall also communicate this order to respondent Nos.2 and 3 for further course of action.

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NC: 2024:KHC:14588 WP No. 9193 of 2024

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