Karnataka High Court
Penor Rinpoche Charity Foundation vs Union Of India on 10 November, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC:46549
WP No. 28201 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 28201 OF 2024 (GM-RES)
BETWEEN:
PENOR RINPOCHE CHARITY FOUNDATION
A TRUST REGISTERED UNDER
THE INDIAN TRUST ACT, 1882,
NYINGMA MONASTERY,
POST OFFICE, BYLAKUKPPE
MYSURU-571104
REPRESENTED BY ITS MANAGING TRUSTEE,
MR. TSERING CHOEDHAR,
SON OF MR. LOBSANG PHUNTSOK,
AGED ABOUT 40 YEARS.
...PETITIONER
(BY SRI. SHANKAR., SR. ADVOCATE FOR
SRI. MADHUSUDHAN U A., ADVOCATE)
AND:
Digitally signed 1. UNION OF INDIA
by SHWETHA
RAGHAVENDRA MINISTRY OF HOME AFFAIRS,
Location: HIGH NORTH BLOCK,
COURT OF NEW DELHI-110001
KARNATAKA
REPRESENTED BY SECRETARY TO GOVERNMENT.
2. THE HOME SECRETARY
GOVERNMENT OF INDIA,
MINISTRY OF HOME AFFAIRS,
NO.124,
NORTH BLOCK,
NEW DELHI-110001
3. THE JOINT SECRETARY
GOVERNMENT OF INDIA,
FOREIGN DIVISION (FCRA WING)
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NC: 2025:KHC:46549
WP No. 28201 of 2024
HC-KAR
FCRA WING, 1ST FLOOR,
MAJOR DAYAN CHAND NATIONAL STADIUM,
NEAR PRAGATI MAIDAN,
NEW DELHI-110001
4. STATE BANK OF INDIA
REPRESENTED BY ITS MANAGER/DEPUTY MANAGER,
NEW DELHI MAIN BRANCH,
FCRA SECTION, FOURTH FLOOR,
11 PARLIAMENT STREET,
NEW DELHI-110001
...RESPONDENTS
(BY SRI. ARAVIND KAMATH., ASGI., FOR
SRI. S. RAJASHEKAR.S., ADVOCATE FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO STAY THE
OPERATION OF THE COMMUNICATION / ORDER DTD. 08.07.2024
REFUSING THE APPLICATION FOR RENEWAL UNDER SECTION 16(2)
READ WITH SECTION 12(4)(f)(iii) OF THE FOREIGN CONTRIBUTION
(REGULATION) ACT, 2010 HEREIN MARKED AS ANNX-A AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs:
i. Stay the operation of the communication/order dated 08.07.2024 refusing the application for renewal under section 16(2) read with section 12(4)(f)(iii) of the Foreign Contribution (Regulation) Act, 2010 herein marked as Annexure-A. ii. Direct the Respondent No.4 to permit the petitioner to withdraw the funds already credited and available in the State Bank of India, Account No. 40090637557, -3- NC: 2025:KHC:46549 WP No. 28201 of 2024 HC-KAR maintained at New Delhi Main Branch during the pendency of this Writ Petition.
iii. Grant such other reliefs as this Hon'ble High Court may think fit including the cost of this writ petition.
2. The petitioner claims to be an organisation founded on 03.05.1982, running monastic schools, colleges and hostel facilities, providing free food, clothing and shelter to over 3,700 monks and nuns, apart from carrying out several other activities. The petitioner was granted registration under the Foreign Contribution (Regulation) Act, 1976 (FCRA, 1976) under subsection (1) of Section 6 with effect from 05.11.1986. The said registration was extended from time to time.
3. On 29.04.2011, the FCRA, 1976 was repealed and FCRA, 2010 was brought into force with effect from 01.05.2011. In terms of Section 11 of the FCRA, 2010, any association granted registration under Section 6 of the FCRA, 1976 which was valid before -4- NC: 2025:KHC:46549 WP No. 28201 of 2024 HC-KAR the commencement of FCRA, 2010 is deemed to have been registered in FCRA, 2010 and valid for a period of 5 years from the date on which FCRA, 2010 came into force. Subsequent thereto, the petitioner was required to make an application for registration and as such made such application in Form No.3 on 24.07.2016 as per subsection (1) of Section 16, read with Rule No.12 of the Foreign Contribution (Regulation) Rules 2011 i.e. FCR Rules 2011.
4. When such an application was made, two of the trustees were shown to be US nationals, the Under Secretary, Ministry of Home Affairs, Foreign Division, FCRA wing renewed the registration for a period of 5 years.
5. On 29.01.2021, respondent no.2 issued a notice calling for clarification insofar as Mr Gyang Khang Tulku and Mr Muksang Kuchen. The petitioner clarified that both of them are residing out of India. -5-
NC: 2025:KHC:46549 WP No. 28201 of 2024 HC-KAR They had executed documents in the United States of America, got it notarised in the USA, and sent it here for registration. Certain other clarifications which have been sought were also replied to. However, respondents rejected the application for renewal on the ground that a foreign national other than of Indian origin cannot be a member of the executive committee / governing body of the association. Relaxation could be considered only on a case-by- case basis by the competent authority, and as this was not a fit case, renewal was refused. It is in that background that the petitioner had approached this Court seeking for the aforesaid reliefs.
6. During the pendency of the above matter, it is submitted that Mr.Muksang Kuchen had already resigned and Mr.Gyang Khang Tulku would be resigning and the issue raised by respondents for non-renewal does not continue. The resignation letters have been placed on record. A supplementary -6- NC: 2025:KHC:46549 WP No. 28201 of 2024 HC-KAR deed to the deed of declared trust has also been executed, where the said names have been deleted. In that view of the matter, I pass the following:
ORDER
i) The Writ Petition stands disposed, reserving liberty to the petitioner to file a fresh application, bringing to the notice of the respondents the changed circumstances for consideration of the said application.
ii) If an application is so filed, Respondents are directed to consider and dispose the matter within a period of 8 weeks from the date of receipt of the application by the petitioners.
Sd/-
(SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 54