Sree Bhairaveshwara Vidya Samste (R) Vs the State of Karnataka

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE ORDER SHOW-CAUSE NOTICE DATED 07.10.2024 AS ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE-T AND ETC.

¶22

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

¶23

ORAL ORDER

¶24

Petitioner seeks for the following prayers:

¶25

"A. Quash the order Show-cause notice dated 07.10.2024 as issued by the 4^th respondent vide Annexure-T bearingNo.Anu2.Ha.Manna.Ba.117/202324/1763.

¶26

B. Quash the communication dated 25.10.2024 addressed to the 3^rd respondent by the 4^th respondent vide Annexure-V bearing

¶27

No.Anu.2.Da.Ha.MaBa.117/2024-25/2019.

¶28

C. Direct the respondents to consider the letter/communication dated 06.11.2024 addressed by

¶29

3 -

¶30

NC: 2025:KHC:4864 WP No. 34245 of 2024

¶31

the petitioner vide Annexure-W bearing No.Ullekha:S.B.V.S.Re.No.-58/2024-25.

¶32

D. Direct the respondents to continue the recognition and grant in aid to the institution run by the petitioner management.

¶33

E. Further direct the respondents to grant necessary permission to fill up the available vacancies of the staff of the institution.

¶34

F. Pass any order of consequential relief or any other appropriate order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity."

¶35

Heard learned counsel for the petitioner and

¶36

learned Additional Government Advocate for the State.

¶37

The petitioner challenges the show cause notice

¶38

dated 07.10.2024 calling upon the petitioner institution to show cause the failure to maintain minimum attendance in the year 2023-2024 and failure to submit explanation would revoke the recognition, further assails the internal communication dated 25.10.2025 addressed by

¶39

4 -

¶40

NC: 2025:KHC:4864 WP No. 34245 of 2024

¶41

respondent No.4 to respondent No.3 directing to withdraw the recognition issued to the petitioner-institution.

¶42

Learned counsel for the petitioner reiterating various contentions raised in the writ petition mainly submits that the institution has enjoyed sufficient strength of students since 1983, the provisions of the Karnataka Education Act, 1983 mandates providing of sufficient opportunity before initiating proceedings for withdrawal of recognition, the show cause notice issued and the communication at Annexure-V issued by respondent No.4 to respondent No.3 directing to withdraw the recognition and grant in aid on depletion of the students' strength is in utter violation of principles of natural justice and clearly indicates that the mindset of respondent No.4 predetermining intending the closure of the institution.

¶43

Per contra, learned Additional Government Advocate for the State submits that Annexure-V dated 25.10.2024 is an internal communication from respondent No.4 to respondent No.3, indicating that since the

¶44

5 - NC: 2025:KHC:4864 WP No. 34245 of 2024

¶45

petitioner-institution has not replied to the show cause notice, appropriate action to be taken. It is brought to the notice of this Court by the learned Additional Government Advocate by filing a memo stating subsequent events that transpired pursuant to the notice issued at Annexure-V, respondent No.3 has issued notice dated 14.01.2025 to the petitioner herein, calling upon to reply within 30 days and the communication issued to the Block Education Officer-respondent No.5 by respondent No.3- Director, Department of Public instructions to proceed in accordance with law.

¶46

Memo is taken on record.

¶47

Annexures-T and V are the show cause notices

¶48

issued to the petitioner, the petitioner has submitted reply dated 06.11.2024 raising several contentions, as the challenge is to the show cause notices in the said circumstances, without adverting to the merits or demerits of the matter, this Court deems it appropriate to direct the respondent No.4 to consider the reply submitted by the

¶49

6 - NC: 2025:KHC:4864 WP No. 34245 of 2024

¶50

petitioner without being influenced by the communication dated 25.10.2024 and pass appropriate order strictly in accordance with law within a period of four weeks from the date of receipt of this order, the petitioner -institution is at liberty to place all necessary material in support of their contention, with the said observation writ petition stands

¶51

disposed of, till such consideration no coercive steps to be taken against the petitioner.

¶52

Sd/-

¶53

_____________________ JUSTICE K.S. HEMALEKHA

¶54

AT/MBM List No.: 1 Sl No.: 6

Sree Bhairaveshwara Vidya Samste (R) v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sree Bhairaveshwara Vidya Samste (R) v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Marasinganahalli Milk Producers Co. Operative Society Ltd. Vs the State of Karnataka

A Manjunath Vs the State of Karnataka

The Primary Agricultural Credit Co. Operative Society Ltd. Vs the State of Karnataka

Diwakar M S Vs the State of Karnataka

Ismayil Byari Vs the State of Karnataka

Ramesh K R Vs the State of Karnataka