Sri Lakshmi Narasimha Swamy Vidhya Sasthe (R) Vs… — Writ and Judicial Review | Karnataka HC (2025)

Sri Lakshmi Narasimha Swamy Vidhya Sasthe (R) Vs… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of: the concerned respondent directed to consider the petitioner's reply dated 06.02.2025 (Annexure-H) and take an appropriate decision / pass appropriate orders within four weeks; liberty to the petitioner to submit additional reply/documents within one week; parties to maintain status-quo in relation to the subject educational institution pending that decision; no opinion expressed on merits.

Issue for consideration

Whether the notice bearing No.C8(1); ShaShiAa.AaSha.Muu/2024-25 E-1663041 dated 29.01.2025 issued by respondent No.2 (Annexure-G) should be quashed. +1 more

Court's answer

Without expressing any opinion on the merits or demerits of the rival contentions, and noting that the petitioner had already submitted its reply dated 06.02.2025 (Annexure-H) to the impugned notice, the Court directed the concerned respondent to consider that reply and take an appropriate decision / pass appropriate orders within a period of four weeks from the date of receipt of a copy of the order.

Ratio / Principle

Liberty was reserved to the petitioner to submit an additional reply, documents, etc., to the respondent within a period of one week, which shall also be considered by the respondent.

Key takeaways

Until the concerned respondent passes appropriate orders / takes an appropriate decision, the parties shall maintain status-quo in all respects, as on today, in relation to the subject educational institution.ratio¶34

Detailed headnote1 paragraphs

Education - Writ Petition (EDN-RES) under Articles 226 & 227, Constitution of India - Petitioner society sought quashing of notice No.C8(1); ShaShiAa.AaSha.Muu/2024-25 E-1663041 dated 29.01.2025 (Annexure-G) issued by respondent No.2 (Director, Secondary and Higher Secondary Education) and a mandamus to run Sri.Lakshmi Narasimhaa Swamy High School, Bylappanamata, Muddenahalli Post, Chikkanayakanahalli Taluk, Tumakuru District, for AY 2025-26 - Petitioner had already filed its reply dated 06.02.2025 (Annexure-H) to the impugned notice - Held: without expressing any opinion on the merits/demerits of the rival contentions, the concerned respondent was directed to consider the reply (Annexure-H) and take an appropriate decision / pass appropriate orders within four weeks from receipt of a copy of the order - Liberty reserved to the petitioner to submit additional reply/documents etc. within one week, which shall also be considered - Parties directed to maintain status-quo in all respects, as on today, in relation to the subject educational institution till the respondent's decision - Petition disposed of accordingly.

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NC: 2025:KHC:10827 WP No. 7258 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

WRIT PETITION NO.7258 OF 2025 (EDN-RES)

BETWEEN:

SRI. LAKSHMI NARASIMHA SWAMY VIDHYA SAMSTHE (R) BYLAPPANAMATA, MUDDENAHALLI POST, CHIKKANAYAKANAHALLI TALUK, TUMAKURU DISTRICT – 572 214. REPRESENTED BY ITS PRESIDENT.

…PETITIONER

(BY SRI. GANAPATHI S. SHASTRI, ADVOCATE)

AND:

COMMISSIONER DEPARTMENT OF SCHOOL EDUCATION, NRUPATUNGA ROAD, BENGALURU – 560 001.

Digitally signed by LEELAVATHI S R Location: High Court of Karnataka

DIRECTOR SECONDARY AND HIGHER SECONDARY EDUCATION, COMMISSIONER OFFICE, NRUPATHUNGA ROAD, BENGALURU – 560 001.

DEPUTY DIRECTOR (ADMINISTRATION), PUBLIC INSTRUCTION DEPARTMENT, ZILLA PANCHAYATH, TUMAKURU (S) DISTRICT – 572 102.

BLOCK EDUCATION OFFICER, SCHOOL EDUCATION DEPARTMENT, CHIKKANAYAKANAHALLI TALUK, TUMAKURU DISTRICT – 572 214.

…RESPONDENTS

(BY SRI. SUDEV HEGDE, AGA FOR R1 TO R4)

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NC: 2025:KHC:10827 WP No. 7258 of 2025

THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE BEARING NO.C8(1). SHASHIAA.AASHA.MUU/2024-25 E-1663041 DATED 29.01.2025 ISSUED BY R-2 (ANNEXURE-G) AND DIRECT THE RESPONDENTS TO PERMIT THE PETITIONER TO RUN SRI.LAKSHMI NARASIMHAA SWAMY HIGH SCHOOL, SITUATED AT BYLAPPANAMATA, MUDDENAHALLI POST, CHI.NA.HALLI TALUK, TUMAKURU DISTRICT, FOR THE ACADEMIC YEAR 2025-2026.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING , THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks the following reliefs:

“(i) Issue a writ of certiorari or any other writ / order quashing the notice bearing No.C8(1); ShaShiAa.AaSha.Muu/2024-25 E-1663041 dated 29.01.2025 issued by respondent No.2 (Annexure “G”);

(ii) Issue a writ of mandamus directing the respondents to permit the petitioner to run Sri.Lakshmi Narasimhaa Swamy High School, situated at Bylappanamata, Muddenahalli Post, Chi.Na.Halli Taluk, Tumakuru District, for the academic year 2025-26.

(iii) Issue any appropriate writ, order or direction in the circumstances of the case including an order as to costs to meet the ends of justice.”

Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

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NC: 2025:KHC:10827 WP No. 7258 of 2025

3. Though several contentions have been urged by both sides

in support of their respective claims, it is an undisputed fact that petitioner has already submitted its reply at Annexure – H dated 06.02.2025 to the impugned notice at Annexure – G dated 29.01.2025 issued by the respondent, hence, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the concerned respondent to consider the reply of the petitioner at Annexure – H dated 06.02.2025 and take appropriate decision / pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.

Liberty is reserved in favour of the petitioner to submit addition reply, documents, etc., to the respondent within a period of one week from today, which shall also be considered by the respondent. It is further directed that till the concerned respondent passes appropriate orders / take appropriate decision as stated supra, parties shall maintain status-quo in all respects, as on today, in relation to the subject educational institution.

Subject to the aforesaid observations and directions, the petition stands disposed of.

Sd/(S.R.KRISHNA KUMAR) JUDGE

List No.: 1 Sl No.: 38

SV