Sri Guru Basaveshwara Education Society R Vs the… — Writ and Judicial Review | Karnataka HC (2026)

Sri Guru Basaveshwara Education Society R Vs the… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

(i) Writ petition allowed; (ii) order dated 30.07.2024 (Annexure-Q) passed by respondent No.2 in Appeal No.08/2022-23 and order dated 26.10.2023 (Annexure-L) passed by respondent No.3 set aside; (iii) matter remitted to respondent No.3 to make fresh enquiry whether the institution of the petitioner is running at the premises bearing No.628 and 628 or 653 of the address mentioned above; (iv) respondent No.3 directed to consider the representation dated 13.06.2023 (Annexure-J) in accordance with the provisions of the Karnataka Education Act, 1983, within three months from the date of receipt of the order.

Issue for consideration

Whether the withdrawal of the recognition/registration of the petitioner's institution - ordered on the ground that the institution was being run at premises other than those recognised (No.628/629 instead of the recognised No.653), i.e., that the premises did not belong to the petitioner and there was a mistake on the petitioner's part - was sustainable, given the alleged earlier rectification of the premises and the pending representation for correction. +1 more

Court's answer

The petitioner had approached the respondent-Authorities for correcting the premises in which the institution runs (No.628 instead of the recognised No.653) by representation dated 13.06.2023 (Annexure-J), and it was forthcoming from that representation that the respondent-Authorities had already passed an order on 09.11.2021 rectifying the mistake as to the premises.

Ratio / Principle

The Inspection Report dated 25.11.2014 (Annexure-H) showed the petitioner running the institution at Premises bearing No.628 and 629, 9th 'D' Main Road, Hampinagar, Vijayanagar, Bengaluru; however, the respondents did not consider this insofar as the change of address of the institution sought by the representation dated 13.06.2023 (Annexure-J).

Key takeaways

Both respondents 2 and 3 failed to consider the fact that the change of premises had already been made by the respective authorities on 09.11.2021; therefore the Court found force in the submission of the petitioner's counsel, leading to setting aside of both the appellate order dated 30.07.2024 and the original cancellation order dated 26.10.2023.ratio¶45
As additional corroboration ('it is also to be noted'), the Lease Deeds dated 12.09.2025 (Annexure-F) produced by the petitioner-Society show the address of the premises as Premises bearing No.628 and 629, 9th 'D' Main, RPC Layout, Vijayanagar, Bengaluru.obiter¶45

Detailed headnote1 paragraphs

NC: 2026:KHC:16292 | WP No.26047/2024 (EDN-RES), High Court of Karnataka at Bengaluru, Justice E.S. Indiresh, decided 23-03-2026. Sri Guru Basaveshwara Education Society (R), running Vijaya International Public School, Hampi Nagar/RPC Layout, Vijayanagar, Bengaluru, challenged (a) the order dated 26-10-2023 (Annexure-L) of respondent No.3 (Deputy Director of Public Instructions, North) cancelling/withdrawing the registration/affiliation of the institution - recognition having been granted for Premises No.653, Railway Parallel Road, 14th Cross, Hampinagar, while the school ran at Premises No.628-629, 9th 'D' Main, RPC Layout - and (b) the appellate order dated 30-07-2024 (Annexure-Q) of respondent No.2 (Director, Primary Education) in Appeal No.08/2022-23 rejecting its claim. Holding that respondents 2 and 3 failed to consider that the change of premises had already been made on 09-11-2021 and had not acted on the representation dated 13-06-2023 (Annexure-J) - corroborated by the Inspection Report dated 25-11-2014 (Annexure-H) and Lease Deeds dated 12-09-2025 (Annexure-F) placing the school at No.628-629 - the Court allowed the petition, set aside both orders, remitted the premises question to respondent No.3 for fresh enquiry (Nos. 628 and 628 or 653, as printed) and directed it to consider the representation under the Karnataka Education Act, 1983 within three months. No precedent cited; no quantum involved.

Procedural history

How this case reached the court

AI extract

Order under challenge
Appellate order dated 30.07.2024 (Annexure-Q) passed by respondent No.2 - Director (Primary Education) in Appeal No.08/2022-23, dismissing the petitioner's appeal and thereby confirming the cancellation/withdrawal of the registration/affiliation of the petitioner's institution earlier ordered by respondent No.3 vide order dated 26.10.2023 (Annexure-L); both orders are challenged in this writ petition.¶28
Respondent No.2 - Director (Primary Education), School Education and Literacy Department · 2024-07-30
Prior proceeding
Recognition had originally been granted to the petitioner's institution for running at Premises No.653, Railway Parallel Road, 14th Cross, Hampinagar, R.P.C. Layout, Bengaluru.¶36
Prior proceeding
Inspection Report dated 25.11.2014 (Annexure-H) recorded the petitioner as running the institution at Premises bearing No.628 and 629, 9th 'D' Main Road, Hampinagar, Vijayanagar, Bengaluru.¶45
Prior proceeding
By order dated 09.11.2021 the respondent-Authorities had already rectified the mistake as to the premises in which the institution of the petitioner is running.¶39
Prior proceeding
By representation dated 13.06.2023 (Annexure-J) the petitioner asked the respondent-Authorities to correct the premises from No.653 to No.628.¶39
Prior proceeding
Original order dated 26.10.2023 (Annexure-L) passed by respondent No.3 cancelling/withdrawing the registration/affiliation of the institution run by the petitioner-Society, on the ground that the premises in which the institution runs is not the petitioner's and there is a mistake on the petitioner's part.¶33
Prior proceeding
The petitioner preferred Appeal No.08/2022-23 before respondent No.2 (Director, Primary Education) against the order dated 26.10.2023; the Appellate Authority rejected the petitioner's claim by order dated 30.07.2024 (Annexure-Q).¶41
Prior proceeding
During the writ proceedings the petitioner-Society produced Lease Deeds dated 12.09.2025 (Annexure-F) showing the premises address as Premises bearing No.628 and 629, 9th 'D' Main, RPC Layout, Vijayanagar, Bengaluru.¶45