Dr. B.R. Ambedkar Education Society (R) Vs the Director

DR. B.R. AMBEDKAR EDUCATION SOCIETY (R) GODEKERE, CHINNANAYAKANAHALLI-5772214 TUMAKURU DISTRICT, REP. BY ITS SECRETARY, G.N.VASANTHKUMAR, AGED ABOUT 45 YEARS,

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…PETITIONER

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(BY SRI. JAGADEESH D C., ADVOCATE)

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AND:

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Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

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THE DIRECTOR, SECONDARY EDUCATION AND APPELLATE AUTHORITY, DEPT. OF EDUCATION, K.R.CIRCLE, BENGALURU-560 009.

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION, TUMAKURU-572101.

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THE BLOCK EDUCATION OFFICER, DEPT. OF PUBLIC INSTRUCTION AND LITERACY CHINNANAYAKANAHALLI TALUK, TUMAKURU-572214.

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…RESPONDENTS

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(BY SRI. MANJUNATH K, HCGP)

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NC: 2026:KHC:1151 WP No. 35686 of 2025

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER / NOTICE DATED 25/09/2024 VIDE ANNEXURE-B ISSUED BY THE RESPONDENT NO.2 29/04/2025 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-E AND THE ORDER MADE IN APPEAL NO.2/2025 DATED 03/10/2025 VIDE ANNEXURE- G AND THE SAME IS ISSUED BY RESPONDENT No.1 ARE ILLEGAL AND UNSUSTAINABLE IN LAW.

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

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CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

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ORAL ORDER

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The petitioner filed this writ petition challenging the notice dated 25.09.2024 vide Annexure-B issued by respondent No.2 and the order passed in Appeal No.2/2025 dated 03.10.2025 vide Annexure-G passed by respondent No.1.

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Brief facts, leading rise to the filing of this petition are as follows:

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The petitioner addressed a letter to BEO department of Public Instruction regarding admission and attendance strength of the students for the academic

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NC: 2026:KHC:1151 WP No. 35686 of 2025

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HC-KAR

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year 2024-25 of 8^th , 9^th and 10^th standard of the High School run by the petitioner society. The impugned notice was issued on 25.09.2024 calling upon the petitioner to show cause why the permission should not be cancelled. The petitioner without submitting the reply to the show cause notice preferred a writ petition in W.P.36195/2024. The said writ petition came to be disposed of on 26.06.2025 directing the petitioner to approach the Appointing Authority under Section 130 of the Karnataka Education Act. Pursuant to the order passed by this court the petitioner filed an Appeal in 2/2025 before respondent No.1. Respondent No.1 dismissed the Appeal vide order dated 03.10.2025. Hence, the petitioner filed this writ petition.

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Heard the learned counsel for the petitioner, and the learned High Court Government Pleader for the respondents.

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NC: 2026:KHC:1151 WP No. 35686 of 2025

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HC-KAR

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Learned counsel for the petitioner submits that the

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petitioner had furnished the detailed list of all students admitted in 8^th , 9^th and 10^th standard. Respondent No.2 without considering the same, issued the impugned show cause notice and the Appellate Authority without considering the said aspect has proceeded to dismiss the appeal. Hence, on these grounds, prays to allow the appeal.

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Per contra , learned High Court Government Pleader submits that respondent No.2 has issued a show cause notice calling upon the petitioner to explain why the action should not be taken against the petitioner. He submits that the petitioner without submitting the reply to the said show cause notice approached this court in W.P.36195/2024. This court disposed of the writ petition reserving the liberty to the petitioner to approach the Appellate Authority under section 130 of the Karnataka Education Act.

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NC: 2026:KHC:1151 WP No. 35686 of 2025

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HC-KAR

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He submits that there is no adverse order passed by respondent No.1. The appeal and the writ petition filed by the petitioner is premature, and he submits that if the petitioner submits a reply to the show cause notice vide Annexure-B, respondent No.2 would consider the same, and would pass an appropriate order in accordance with law. Hence, prays to dispose of the writ petition.

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Perused the records, and considered the submissions of the learned counsel for the parties.

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It is an undisputed fact that the petitioner is running Higher primary school, wherein it is the case of the petitioner that the petitioner has furnished the details of the students admitted in 8^th to 10^th standard in the school run by the petitioner. Respondent No.2 issued a show cause notice calling upon the petitioner seeking explanation as to why action should not be taken. The petitioner without submitting a reply to the show cause notice vide Annexure-B, approached

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NC: 2026:KHC:1151 WP No. 35686 of 2025

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HC-KAR

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this court in W.P.No.36195/2024, and the said writ petition was disposed of reserving liberty to the petitioner to approach the Appellate Authority under section 130 of the Karnataka Education Act.

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First of all, the appeal filed by the petitioner itself is not maintainable as the petitioner has challenged a show cause notice. In view of the exposition of law laid down by the Hon’ble Apex Court in the case of Commissioner of Central Excise, Haldia vs. M/s. Krishna Wax Private Limited reported in Civil Appeal No.8609/2019 , disposed of on 14.11.2019, the appeal filed by the petitioner before the Appellate Authority was not maintainable.

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However, to meet the ends of justice, if liberty is reserved to the petitioner to file a reply to the show cause notice vide Annexure-B, no injustice would

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cause to the respondents.

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NC: 2026:KHC:1151 WP No. 35686 of 2025

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HC-KAR

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In view of the above discussion, I proceed to pass the following order:

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ORDER

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i. The writ petition is disposed of reserving

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a liberty to the petitioner to submit a reply to Annexure-B within 15 days from today, and thereafter respondent No.2 is directed to consider the reply, and to pass appropriate order in accordance with law within 15 days from the date of receipt of reply.

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ii. Meanwhile, the respondents are directed

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not to take any coercive steps till the passing of an order.

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Sd/(ASHOK S.KINAGI) JUDGE

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SKS CT:KHV

Dr. B.R. Ambedkar Education Society (R) v. the Director

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Dr. B.R. Ambedkar Education Society (R) v. the Director

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