Christ King English Medium High School Vs the State… — Motor Accident Claims | Karnataka HC (2025)

Christ King English Medium High School Vs the State… — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Quashing of the endorsement dated 17.10.2025 issued by respondent No.3 (Annexure-D); respondent No.3 directed to reconsider the petitioner's application for removal of permit bearing in mind Rule 6(2) of the Rules, 2012 and the Co-ordinate bench decision in Sharadamma, and to pass appropriate orders in accordance with law within four weeks from receipt of the copy of the order.

Issue for consideration

Whether the endorsement dated 17.10.2025 bearing No.PraaSaaAa/Udupi/Shalavahana/2025-26 issued by respondent No.3 (Annexure-D) to the petitioner is liable to be set aside/quashed, the matter being covered by the decisions in Sharadamma and The Head Mistress St. Antony Lower Primary School relating to proper consideration of Rule 6(2) of the Rules, 2012.

Court's answer

The writ petition is allowed and the endorsement dated 17.10.2025 issued by respondent No.3 (Annexure-D) is quashed.

Ratio / Principle

Respondent No.3 is directed to reconsider the petitioner's application for removal of permit bearing in mind Rule 6(2) of the Rules, 2012 and the decision of the Co-ordinate bench in Sharadamma, and to pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of the copy of the order.

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (K.S. Hemalekha, J.), W.P. No. 33483 of 2025 (MV), decided 07.11.2025 — Christ King English Medium High School, Karkala (Udupi), challenged under Articles 226 and 227 an endorsement dated 17.10.2025 (No.PraaSaaAa/Udupi/Shalavahana/2025-26) issued by the Regional Transport Officer (respondent No.3). Counsel stated the issue was squarely covered by Sharadamma (W.P.No.21991/2019 and connected matter, DD 20.08.2019) and The Head Mistress St. Antony Lower Primary School (W.P.No.6991/2023, DD 06.08.2024), in the latter of which the matter had been remitted for reconsideration because Rule 6(2) of the Karnataka Motor Vehicles (Conditions for Vehicles Engaged in Transport of School Children) Rules, 2012 was not properly considered. Acting on those settled propositions, the Court allowed the writ petition, quashed the endorsement, and directed respondent No.3 to reconsider the petitioner's application for removal of permit bearing in mind Rule 6(2) of the Rules, 2012 and the Co-ordinate bench decision in Sharadamma, and to pass appropriate orders in accordance with law within four weeks from receipt of the copy of the order.

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NC: 2025:KHC:45235 WP No. 33483 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT PETITION NO.33483 OF 2025 (MV)

BETWEEN:

CHRIST KING ENGLISH MEDIUM HIGH SCHOOL GANDHI MAIDAN ROAD, KARKALA TALUK, UDUPI DISTRICT-574104 BY ITS HEAD MASTER.

…PETITIONER

(BY SRI K. CHANDRANATH ARIGA, ADVOCATE)

AND:

THE STATE OF KARNATAKA REP. BY CHIEF SECRETARY VIDHANA SOUDHA, DR. B.R. AMBEDKAR, BENGALURU-560001.

Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

THE PRINCIPAL SECRETARY DEPARTMENT OF TRANSPORT M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001.

THE REGIONAL TRANSPORT OFFICER, RAJATHADI, MANIPAL, UDUPI DISTRICT-576102.

…RESPONDENTS

(BY SMT. RASHMI M. RAO, HCGP)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ENDORSEMENT DATED 17.10.2025 BEARING

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NC: 2025:KHC:45235 WP No. 33483 of 2025

HC-KAR

NO.PraaSaaAa/Udupi/Shalavahana/2025-26 ISSUED BY THE RESPONDENT NO.3 TO THE PETITIONER (ANNEXURE-D).

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

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

Learned High Court Government Pleader accepts notice for the respondents.

The petitioner in this petition has called in question the impugned endorsement dated 17.10.2025 issued by the respondent No.3.

Learned counsel on both sides submit that the

issue involved in this writ petition is squarely covered by the decision of this Court in the case of Sharadamma Vs.

The State of Karnataka and Others¹ (Sharadamma) .

It is further submitted that relying upon the said decision, this Court in The Head Mistress St. Antony Lower Primary School Vs. The State of

1 W.P.No.21991/2019 and connected matter D.D.20.08.2019

3 - NC: 2025:KHC:45235 WP No. 33483 of 2025

HC-KAR

Karnataka and Others² (The Head Mistress St. Antony

Lower Primary School) has remitted the matter to the respondent-authority for reconsideration of the petitioner’s application on the ground that Rule 6(2) of the Karnataka Motor Vehicles (Conditions for Vehicles Engaged in Transport of School Children) Rules, 2012 (“Rules, 2012” for short) was not properly considered.

In view of the settled proposition of law laid

down in the case of Sharadamma and The Head Mistress St. Antony Lower Primary School , this Court

pass the following:

ORDER

i. The writ petition is allowed.

ii. The endorsement dated 17.10.2025 issued by respondent No.3 (Annexure-D) is quashed .

iii. Respondent No.3 is directed to reconsider the

petitioner’s application for removal of permit,

2 W.P.No.6991/2023 D.D 06.08.2024

4 - NC: 2025:KHC:45235 WP No. 33483 of 2025

HC-KAR

bearing in mind Rule 6(2) of the Rules, 2012 and the decision of the Co-ordinate bench in the case of Sharadamma, and to pass appropriate orders in accordance with law within a period of four weeks from the date of

receipt of the copy of this order.

Sd/-

______________________ JUSTICE K.S. HEMALEKHA

AT

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