(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set-aside the order dated 21st June, 2024 passed by the Respondent No.2 in Appeal No.3/2024(220578) vide Annexure-H; set-aside the order dated 06th April, 2024 passed by the Respondent No.3 vide Annexure-G, Direct the Respondent No.3 to consider the renewal of recognition of the Nandana Higher Primary School for classes 6th to 8th standard for Academic Year 2024-25; and etc.)

Oral Order

1. In this writ petition, the petitioner-Society is challenging the order dated 21st June, 2024 (Annexure-H) passed by the respondent No.3 in Appeal No.3/2024 (220578) and order dated 06th April, 2024 (Annexure-G) passed by the respondent No.3, wherein the recognition granted to the institution of the petitioner as per Registration Certificate bearing No.101061/2022-23 dated 19th March, 2022 for 6th to 8th Standard was cancelled.

2. Heard Sri. B.M. Hala Swamy, learned counsel appearing for the petitioner and Smt. B. Sukanya Baliga, learned Additional Government Advocate appearing for respondents.

3. Having taken note of the submission made by learned counsel appearing for the parties, I have carefully considered the reasons assigned by the respondent No.3 in order dated 06th April, 2024 (Annexure-G) as well as by the respondent No.2 in order dated 21st June, 2024 (Annexure-H). On perusal of the order dated 06th April, 2024 (Annexure-G), the same would indicate that the respondent No.2 had taken decision against the institution of the petitioner based on the complaint filed by the third party to the proceedings on the ground that the Managing Committee of the petitioner had provided fake documents and information to secure the recognition for the institution.

4. In this regard, the petitioner had produced relevant material to establish that the petitioner-Society had constructed the new building and as per the complaint report dated 05th June, 2024 (Annexure-J) along with the photographs produced at Annexures 'J' and 'K' series, which would indicate that the petitioner had constructed new building for the purpose of imparting education to children in the Village. In that view of the matter, I am of the view that the reasons assigned by the respondent-Authorities in respect of withdrawing the recognition granted to the institution of the petitioner requires to be set-aside.

5. Under these circumstances, I am of the view that the respondent No.3 shall conduct a spot inspection of the institution in question where the new building is being constructed and classes are being running and thereafter take decision in the matter in terms of provisions contained under the Karnataka Education Act. It is important to note that the respondent-Authorities shall act upon the provisions of the Karnataka Education Act and Rules and do not give much importance to the frivolous complaints filed by the private parties for their whims and fancies. Accordingly, I pass the following:

ORDER

          (i) Writ Petition allowed;

          (ii) Order dated 21st June, 2024 (Annexure-H) passed by the respondent No.2 in Appeal No.3/2024 and order dated 06th April, 2024 (Annexure-G) passed by the respondent No.3 are hereby set-aside; consequently, order dated 06th March, 2026 (Annexure-R) passed by the respondent No.5 is set-aside.

          (iii) The respondent No.3 is directed to conduct spot inspection of the institution in question and take decision in the matter in accordance with law for renewal of recognition of the institution for classes 6th to 8th Standard, without there being influenced by any complaint filed by the third party, who is not connected with the affairs of the institution in question.