Allowed¶64

Vivekananda Vidya Samsthe (Regd) v. the State of Karnataka

Karnataka HC9 Mar 2026WP/31100/2025

Case brief

AI extract

What is this about?

De-recognition of school; withdrawal of recognition; transfer of students to other schools; prior notice; principles of natural justice; Rule 4(3)(e); Karnataka Educational Institutions (Recognition of Primary and Secondary Schools) Rules, 1999; DDPI Tumakuru; Block Education Officer; Annexure-H; Annexure-J; Article 226; Article 227; Avinash Mehrotra (2009) 6 SCC 398; EDN-REG; Vivekananda Vidya Samsthe; Tumakuru; interim protection against precipitative action.

What did the court decide?

Impugned letter dated 20.08.2025 (Annexure-H) issued by respondent No.4 set aside; respondent No.4 directed to consider the reply dated 06.10.2025 (Annexure-J) in accordance with the Act, the Rules of 1999 and the judgment referred to above; no precipitative action against petitioner No.1 - Institution till consideration of the reply. ¶64

Vivekananda Vidya Samsthe (Regd) Vs the State of… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned letter dated 20.08.2025 (Annexure-H) issued by respondent No.4 de-recognizing the petitioner No.1 - Institution's school without issuing prior notice is sustainable, or violates the principles of natural justice and ought to be set aside. +1 more

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Court's answer

The impugned letter dated 20.08.2025 (Annexure-H) was issued by respondent No.4 without issuing notice to the petitioner No.1 - Institution, and taking penal action by de-recognising the school without notice is a violation of the principles of natural justice; accordingly the Court found force in the petitioners' submission.

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Ratio / Principle

The Writ Petition is allowed and the impugned letter dated 20.08.2025 (Annexure-H) issued by respondent No.4 is set aside.

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Key takeaways

Respondent No.4 is directed to consider the reply dated 06.10.2025 (Annexure-J) by the petitioner No.1 - Institution in accordance with the Act and the Rules made therein as well as the judgment referred to above.ratio¶66
While considering the reply dated 06.10.2025, respondent No.4 shall take into consideration the relevant rules under the Karnataka Educational Institutions (Recognition of Primary and Secondary Schools) Rules, 1999, the declarations of law made by this Court and by the Hon'ble Supreme Court in Avinash Mehrotra, and any subsequent circulars issued by the respondent-Authorities.ratio¶58

Detailed headnote1 paragraphs

Writ Petition (Articles 226 and 227) by Vivekananda Vidya Samsthe and two others challenging the intimation letter dated 20.08.2025 (Annexure-H) issued by the Deputy Director of Public Instruction (DDPI), Tumakuru (respondent No.4), transferring students out of Vivekananda English Higher Primary School, Tumakuru and withdrawing/de-recognizing its recognition for the academic year 2024-25. The school, run by a society registered on 12.07.1977 and permitted since 03.10.1981, had its recognition renewed for 2023-24 (Annexure-E) and had replied to Annexure-H on 06.10.2025 (Annexure-J). Held: issuance of the de-recognition letter without prior notice to the school, taking penal action, violates the principles of natural justice. Writ petition allowed; Annexure-H set aside; respondent No.4 directed to consider the reply dated 06.10.2025 in accordance with the Act, the Karnataka Educational Institutions (Recognition of Primary and Secondary Schools) Rules, 1999 (including Rule 4(3)(e) pressed by the State), the law declared by this Court and in Avinash Mehrotra v. Union of India, (2009) 6 SCC 398, and any subsequent circulars; no precipitative action against the institution till such consideration.

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NC: 2026:KHC:14083 WP No. 31100 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 31100 OF 2025 (EDN-REG)

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BETWEEN:

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VIVEKANANDA VIDYA SAMSTHE (REGD.) REP. BY ITS JOINT SECRETARY SRI. S. SHIVAPRASAD, S/O, LATE SHIVANNA, AGED ABOUT 63 YEARS, R/AT. 1 CROSS, SADASHIVANAGARA, TUMAKURU - 572 101. (REGISTERED UNDER KARNATAKA SOCIETIES ACT, 1960).

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SRI. NANJUNDAPPA S. S/O. LATE SADASHIVAIAH, AGED ABOUT 50 YEARS, R/AT. OORIKERE, TUMAKURU - 572 106.

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Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

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SMT. MANJULA, W/O. M.S. LOKESH, AGED ABOUT 51 YEARS, R/AT. VINOBANAGARA, TUMAKURU - 572 101.

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…PETITIONERS

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(BY SRI. SIDDARAMAIAH V.B., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PRIMARY AND SECONDARY

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2 - NC: 2026:KHC:14083 WP No. 31100 of 2025

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HC-KAR

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EDUCATION, VIDHANA SOUDHA, BANGALORE - 560 001.

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THE COMMISSIONER OF PUBLIC INSTRUCTION, DEPARTMENT OF EDUCATION, (PRIMARY & SECONDARY SCHOOL EDUCATION), GOVERNMENT OF KARNATAKA, NRUPATUNGA ROAD, K.R. CIRCLE, BENGALURU - 560 001.

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THE DIRECTOR OF PUBLIC INSTRUCTION (HIGH SCHOOL), DEPARTMENT OF SCHOOL EDUCATION, GOVERNMENT OF KARNATAKA, BENGALURU NORTH DISTRICT, K.G. ROAD, BENGALURU - 560 002.

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION(DDPI), DEPARTMENT OF SCHOOL EDUCATION, DR. S. RADHA KRISHNAN ROAD, SOMESHWARAM PURAM, TUMAKURU - 572 102.

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THE BLOCK EDUCATION OFFICER (BEO), DEPARTMENT OF SCHOOL EDUCATION, DR. S. RADHA KRISHNAN ROAD - 572 102, SOMESHWARAM PURAM, TUMAKURU.

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…RESPONDENTS

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(BY SMT. SUKANYA BALIGA B., AGA)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INTIMATION LETTER BEARING NO. ಅ . �ಾ . � . ಕ�ಮ : 30/202425/1739 DATED 20.08.2025, ISSUED FOR TRANSFER OF THE

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NC: 2026:KHC:14083 WP No. 31100 of 2025

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HC-KAR

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STUDENTS FROM VIVEKANANDA ENGLISH HIGHER PRIMARY SCHOOL, TUMAKURU TO OTHER SCHOOLS AND TO WITHDRAW THE RECOGNITION, ISSUED BY THE RESPONDENT NO.4, THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (DDPI), DEPARTMENT OF SCHOOL EDUCATION, DR. S. RADHA KRISHNAN ROAD, SOMESHWARAM PURAM, TUMAKURU, VIDE ANNEXURE-H AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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In this Writ Petition, the petitioners are assailing the letter dated 20.08.2025 (Annexure-H) issued by the respondent No.4 to de-recognize the petitioner No.1 - Institution school for the academic year 2024-25.

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The relevant facts for adjudication of this petition are that the petitioner No.1 - Institution is being run by the Vivekananda Vidya Samsthe, registered on 12.07.1977 (Annexure-A). It is also stated that the Government by order dated 03.10.1981 permitted the

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4 - NC: 2026:KHC:14083 WP No. 31100 of 2025

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HC-KAR

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petitioner No.1 - Institution to run English Medium Primary School. It is further stated that, the petitioner No.1 - Institution has submitted the representation for renewal of the recognition for the academic year 2023-24 and in terms of the same by letter dated 25.10.2023 (AnnexureE), the Government has accorded permission for renewal of the recognition. However, by notice dated 20.08.2025 (Annexure-H), respondent No.4 has de-recognized the school and being aggrieved by the same, the petitioners' school has preferred this petition.

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Heard Sri Siddaramaiah V.B., learned counsel

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appearing for the petitioners and Smt. Sukanya Baliga B., learned Additional Government Advocate appearing for the respondents.

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Sri Siddaramaiah V.B., learned counsel appearing for the petitioners submitted that the petitioner No.1 - Institution is being run from the academic year 1981-82 and he further invited the attention of the Court

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5 - NC: 2026:KHC:14083 WP No. 31100 of 2025

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HC-KAR

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to Annexure-E wherein the recognition was accorded for

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the academic year 2023-24. The learned counsel has also submitted that the impugned letter dated 20.08.2025 (Annexure-H) has been issued by the respondent No.4 without issuing prior notice to the petitioners' school and also submitted that pursuant to the issuance of Annexure-H, the petitioner No.1 - Institution has replied to the same as per Annexure-J dated 06.10.2025 and same has not been considered by the respondent No.4 and therefore, sought for interference of this Court.

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Per contra, Smt. Sukanya Baliga B., learned Additional Government Advocate appearing for the respondents invited the attention of the Court to Rule 4(3)(e) of the Karnataka Educational Institutions (Recognition of Primary and Secondary Schools) Rules, 1999 and submitted that, in view of the failure on the part of the petitioner No.1 - Institution to conform to the aforementioned provision, the impugned order at

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NC: 2026:KHC:14083 WP No. 31100 of 2025

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HC-KAR

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Annexure-H is justified, and therefore, sought for dismissal of the petition.

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In the light of the submissions made by the

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learned counsel appearing for the parties, it is not in dispute that the petitioner No.1 - Institution is being run since the year 1981-82. Further, a perusal of the petition would indicate that the Respondent No.4 has accorded permission/recognition for the academic year 2023-24 (Annexure-E).

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In that view of the matter, taking into consideration that the respondent No.4 without issuing notice to the petitioner No.1 - Institution, issued the impugned letter dated 20.08.2025 (Annexure-H) by taking penal action against the petitioner No.1 - Institution by de-recognising the school, which is violation of the principles of natural justice. Accordingly, I find force in the submission made by the learned counsel appearing for the petitioners.

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7 - NC: 2026:KHC:14083 WP No. 31100 of 2025

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HC-KAR

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However, taking into consideration the fact that

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the petitioner No.1 - Institution has replied by letter dated 06.10.2025 (Annexure-J) to the respondent No.4, I am of the view that the respondent No.4 shall consider the reply dated 06.10.2025 (Annexure-J) made by the petitioner No.1 - Institution.

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It is also made clear that while considering the aforementioned reply dated 06.10.2025, the respondent No.4 shall take into consideration the relevant rules provided under the Karnataka Educational Institutions (Recognition of Primary and Secondary Schools) Rules, 1999 which stipulates for the registration/recognition of the institution as well as the declaration of law made by this Court and the declaration of law made by the Hon'ble Supreme Court in the case of AVINASH MEHROTRA vs. UNION OF INDIA AND OTHERS reported in (2009) 6 SCC 398 and also the subsequent circulars if any issued by the respondent-Authorities.

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NC: 2026:KHC:14083 WP No. 31100 of 2025

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HC-KAR

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In that view of the matter, I pass the following;

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ORDER

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i) The Writ Petition is allowed .

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ii) The impugned letter dated 20.08.2025 (Annexure-H) issued by the respondent No.4 is hereby set aside.

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iii) Respondent No.4 is directed to consider the reply dated 06.10.2025 (Annexure-J) by the petitioner No.1 - Institution in accordance with the Act and the Rules made therein as well as the judgment referred to above.

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Till the consideration of the reply at Annexure-J, no precipitative action shall be taken against the petitioner

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No.1 - Institution.

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SD/(E.S.INDIRESH) JUDGE

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KLV

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List No.: 1 Sl No.: 53

Vivekananda Vidya Samsthe (Regd) v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Vivekananda Vidya Samsthe (Regd) v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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