Sri. Lakshmi Venkateshwaraswamy v. the State of Karnataka

Karnataka HC16 Mar 2026WP/37931/2025

Case brief

AI extract

What is this about?

Withdrawal of recognition; decrease in student strength; Karnataka Education Act, 1983; private aided institution; fair opportunity to appoint regular/permanent teachers; G.O./Notification dated 07.08.2024; certiorari under Articles 226 & 227; Malnadu Kannada High School v. State of Karnataka (W.P. 18286/2017, dt. 04.06.2018) followed; Davanagerre/Channagiri; memorandum dated 17.11.2025 quashed; affidavit within two weeks; appointment of teachers within three months.

What did the court decide?

Writ petition allowed subject to observations: Memorandum dated 17.11.2025 (Annexure-D) passed by respondent No.2 quashed; petitioner-institution to file affidavit within two weeks on steps taken to appoint teachers (counsel's undertaking to appoint permanent teachers within three months from receipt of the order). ¶43-44

Sri. Lakshmi Venkateshwaraswamy 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 Memorandum dated 17.11.2025 withdrawing the petitioner-institution's recognition on account of decrease in student strength could be sustained without affording the institution a fair opportunity to appoint regular teachers, particularly in view of the Government Notification dated 07.08.2024 permitting appointment of teachers in private aided institutions.

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Court's answer

The respondents-authorities ought to have given the petitioner-institution a fair opportunity to appoint regular teachers, since the Government has passed the Notification dated 07.08.2024 according permission for appointment of teachers in private aided institutions.

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Ratio / Principle

The Memorandum dated 17.11.2025 (Annexure-D) passed by respondent No.2 withdrawing recognition is quashed.

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Key takeaways

The petitioner-institution is directed to file an affidavit before the Court within two weeks as to taking steps for appointment of teachers in the institution; counsel for the petitioner submitted that steps will be taken to appoint permanent teachers within three months of receipt of the order.ratio¶37

Detailed headnote1 paragraphs

Writ Petition (EDN-RES) under Articles 226 & 227 of the Constitution of India, decided on 16.03.2026 by E.S. Indiresh, J., High Court of Karnataka. The petitioner educational society (running its institution for over 40 years) challenged a Memorandum dated 17.11.2025 (Annexure-D) whereby the education authorities withdrew the recognition granted under the Karnataka Education Act, 1983 on the ground of decrease in student strength. Following the declaration of law in Malnadu Kannada High School v. State of Karnataka, Writ Petition No.18286/2017, disposed of on 04.06.2018, and noting the Government Notification/G.O. dated 07.08.2024 permitting appointment of teachers in private aided institutions (with seven temporary teachers and one aided teacher presently working), the Court held that the authorities ought to have given the institution a fair opportunity to appoint regular teachers. The Memorandum dated 17.11.2025 was quashed; the petition was allowed subject to the institution filing an affidavit within two weeks on steps taken to appoint teachers, counsel having undertaken that permanent teachers would be appointed within three months of receipt of the order.

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NC: 2026:KHC:15335 WP No. 37931 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^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.37931 OF 2025 (EDN-RES)

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BETWEEN:

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SRI. LAKSHMI VENKATESHWARASWAMY BHOVI EDUCATIONAL ASSOCIATION GOLLARAHALLY, ANAJE DAVANAGERE TALUK, DAVANAGERE DISTRICT-577213. REP.BY ITS SECRETARY SMT. JAYALAKSHMI KRISHNA (REGISTERED UNDER THE SOCIETIES ACT, 1960) …PETITIONER

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(BY SRI. BASAVARAJA PATEL G K., ADVOCATE)

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AND:

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Digitally signed by 1. THE STATE OF KARNATAKA CHAYA S A

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Location: HIGH REPRESENTED BY ITS PRINCIPAL SECRETARY, COURT OF

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KARNATAKA DEPARTMENT OF SCHOOL EDUCATION, (PRIMARY AND SECONDARY EDUCATION) M.S. BUILDING, BENGALURU-560001.

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THE COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION, (PRIMARY AND SECONDARY EDUCATION) NRUPATHUNGA ROAD, BENGALURU-560 001.

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NC: 2026:KHC:15335 WP No. 37931 of 2025

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HC-KAR

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THE DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION (HIGH SCHOOL) NRUPATHUNGA ROAD, BENGALURU-560 001.

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THE DEPUTY DIRECTOR (ADMINISTRATION), DEPARTMENT OF SCHOOL EDUCATION, DAVANAGERE, DAVANAGERE DISTRICT-577 001.

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THE BLOCK EDUCATION OFFICER, DEPARTMENT OF SCHOOL EDUCATION, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577 213.

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…RESPONDENTS

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(BY SMT. SUKANYA BALIGA B., AGA FOR R1 TO R5)

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THIS WRIT PETITON IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED MEMORANDUM BEARING NO.C8(5), SHAASHIA MANYATE RADDU 1916045/2024-25 DATED 17.11.2025 ISSUED BY THE 3^RD RESPONDENT ANNEXURE-D, THE SAME IS ARBITRARY, ILLEGAL AND CONTRARY TO EDUCATION ACT AND ETC.,.

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

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

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NC: 2026:KHC:15335 WP No. 37931 of 2025

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HC-KAR

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ORAL ORDER

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Heard the learned counsels appearing for the parties.

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In this writ petition petitioner has sought for quashing the order dated 17.11.2025 (Annexure-D) issued by respondent No.3, inter-alia sought for direction to respondent not to interfere with the running of the petitioner- institution which is running its educational institution for more than 40 years.

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Having taken note of the submissions made by the counsels appearing for the parties, respondent No.2 has issued the impugned Memorandum dated 17.11.2025, stating that on account of the decrease in the student's strength in the petitioner-institution, the respondent authorities have taken a decision to withdraw the recognition granted under the Provisions of the Karnataka Education Act, 1983.

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In this regard, learned counsel appearing for the petitioner invited the attention of the Court to Annexure C - G.O. dated 07.08.2024, wherein the Government has issued the Notification as to the appointment of teachers in the private aided institutions. It is also to be noted that, it is submitted by

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4 - NC: 2026:KHC:15335 WP No. 37931 of 2025

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HC-KAR

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the learned counsel appearing for the petitioner that as on today there are seven temporary teachers and one aided teacher is working in the petitioner-institution. In that view of the matter, as the learned counsel appearing for the petitioner has submitted that the steps will be taken by the petitionerinstitution for appointment of permanent teachers to petitionerinstitution herein within three months from the receipt of this order, and as such following the declaration of law made by this Court in the case of MALNADU KANNADA HIGH SCHOOL VS.

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THE STATE OF KARNATAKA AND OTHERS in Writ Petition No.18286/2017, disposed of on 04.06.2018, I am of the view that the respondents-authorities ought to have given a fair opportunity to the petitioner-institution to appoint regular teachers, since the Government has passed the Notification dated 07.08.2024, according permission for appointment of the teachers in the private aided institutions. In that view of the matter, the petitioner-institution is directed to file an affidavit before this Court within two weeks from today as to taking steps for appointment of the teachers in the petitionerinstitution. In that view of the matter, following the declaration of law made by this Court in the above writ petition, I am of the

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NC: 2026:KHC:15335 WP No. 37931 of 2025

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HC-KAR

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view that the Memorandum dated 17.11.2025 (Annexure-D)

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passed by respondent No.2 is accordingly quashed.

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The writ petition is accordingly allowed subject to the

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