Bright Academy English Medium School Vs the State of Karnataka

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE SHOW CAUSE NOTICE DTD. 24.06.2024 IN NO.P/S/01/BRIGHT/SHALA.KA.01-2024-25/412 AND NOTICE DTD. 15.10.2024 IN NO. P/2/BRIGHT/SHALE/01/2024-25/1346 ISSUED BY THE R-2 AS PER ANNX-A AND A1. DIRECTING THE RESPONDENTS TO CONSIDER THE APPLICATION FOR RENEWAL OF RECOGNITION FOR THE YEAR 2024-25 IN ACCORDANCE WITH LAW AS PER ANNX-J & ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:11147 W.P. No.29042/2024

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, the petitioner seeks the following

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reliefs:

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"i) Quash the Impugned notice show cause notice dated 24.06.2024 in No.P/S/01/Bright/Shala. Ka.012024-25/412 and notice dated 15.10.2024 in No.P/2/Bright/Shale/01/2024-25/1346 issued by the respondent No.2 as per Annxexure-A and A1.

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ii) Directing the respondents to consider the application for renewal of recognition for the year 2024-25 in accordance with law as per Annexure-J. iii) Issue any other writ or order or direction which the Hon'ble Court deems fit to grant on the facts and circumstances of the case in the interest of justice and equity."

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Heard the learned counsel for the petitioner and

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learned Additional Government Advocate for respondent Nos.1 to 4 and learned counsel for the impleading applicants and perused the material on record.

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It is a matter of record that the petitioner is running the subject educational institution in the alleged rented premises which is taken on lease by the petitioner from the alleged impleading applicants/land lords. It is

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NC: 2025:KHC:11147 W.P. No.29042/2024

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also undisputed fact that the civil suit in O.S.No.39/2023 is pending between the petitioner and the impleading applicants before the competent civil Court.

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Perusal of the material on record would indicate

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that though several contentions are urged by the petitioner on one hand and the respondent Nos.1 to 4 - State and the impleading applicants on the other hand, the petitioner has not submitted his reply to the impugned show cause notice dated 24.06.2024. In addition thereto, when the matter came up before this Court on 28.10.2024, the following interim order was passed:

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"1. Learned AGA accept notice for respondents No.1 to 3.

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2. I am of the considered opinion that the Executive Engineer, Public Works Department, Kodagu District is required to be made a party to the present proceedings in view of directions to be issued. As such, Executive Engineer, Public Works Department, Kodagu District is brought on record as respondent No.4.

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3. Learned AGA accept notice for respondent No.4.

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4. Respondent No.4 is directed to cause an inspection of the building of the petitioner and

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NC: 2025:KHC:11147 W.P. No.29042/2024

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give his finding as regards Item Nos.1 to 11 stated in the show cause notice dated 24.06.2024. Inspection to be carried out commencing from 10.30 a.m. on 04.11.2024 and report to be submitted by 08.11.2024.

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5. Re-list on 11.11.2024.

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6. Until then, interim order as sought for."

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In pursuance of the same, inspection of the

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petitioner's institution was conducted on 06.11.2024 and a memo along with the report in that regard was submitted by the State Government on 08.11.2024.

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Learned counsel for the petitioner submits that the petition may be disposed of reserving liberty in favour of the petitioner to submit reply along with the documents to the impugned show cause notice and by directing the respondent Nos.1 to 4 to consider and take appropriate decision/pass appropriate orders in accordance with law as expeditiously as possible.

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Per contra, learned Additional Government Advocate for respondent Nos.1 to 4 submits that if

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NC: 2025:KHC:11147 W.P. No.29042/2024

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reasonable time is granted, the concerned respondents Nos.1 to 4 shall consider the reply to be submitted by the petitioner along with the documents as well as the inspection report and take appropriate decision/pass appropriate orders in accordance with law.

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Learned counsel for the impleading applicants submits that the impleading applicants may also be reserved liberty to file their representation before the concerned respondents, who may consider the same also before the proceeding in accordance with law.

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In view of the aforesaid facts and

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circumstances, though several contentions have been urged by all the parties in support of their respective claims, without expressing any opinion on the merits/demerits of the rival contentions of the parties, I deem it appropriate to dispose of the petition by issuing certain directions. Accordingly, the following:

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ORDER

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i. Petition is hereby disposed of.

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NC: 2025:KHC:11147 W.P. No.29042/2024

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ii. Petitioner is directed to submit his reply

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along with the documents to the impugned show cause notice and notice dated 24.06.2024 and

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15.10.2024 at Annexures-A & A1 respectively within a period of two (02) weeks from today.

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iii. Liberty is reserved in favour of the petitioner to submit objections to the inspection report submitted by respondent Nos.1 to 4.

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iv. Liberty is also reserved in favour of the impleading applicants to submit their representation before the concerned respondent Nos.1 to 4.

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v. It is further directed that upon the petitioner and impleading applicants submitting their pleadings, representations, objections, replies, documents, etc., to the concerned respondent Nos.1 to 4, the concerned

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respondent Nos.1 to 4 shall provide sufficient

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NC: 2025:KHC:11147 W.P. No.29042/2024

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and reasonable opportunity to both the petitioner

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and the impleading applicants and take appropriate decision/pass appropriate orders regarding the application for renewal of recognition at Annexure-J dated 30.08.2024 within a period of four (04) weeks from today.

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vi. It is further directed that till the concerned respondent Nos.1 to 4 takes appropriate decision/pass appropriate orders as stated supra, the concerned respondent Nos.1 to 4 shall not take any precipitative/coercive steps against the petitioner.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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BSR

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List No.: 1 Sl No.: 10

Bright Academy English Medium School v. the State of Karnataka

Case brief

What is this about?

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Bright Academy English Medium School v. the State of Karnataka

Case brief

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