Karnataka High Court
Sree Ganapathi Vidya Samsthe (R) vs The State Of Karnataka on 3 December, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:50361
WP No. 21699 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 21699 OF 2025 (EDN-RES)
BETWEEN:
SREE GANAPATHI VIDYA SAMSTHE (R)
HEBBUR, TUMKUR TALUK,
TUMKUR DISTRICT-572120.
REP. BY ITS SECRETARY,
SRI T.R.H.PRAKASH,
S/O T.H.RAMAIAH,
AGED ABOUT 63 YEARS,
CSI LAYOUT, TUMKUR TALUK.
...PETITIONER
(BY SRI. SRIKANTH M. P., ADV.)
AND:
Digitally signed by 1. THE STATE OF KARNATAKA
NANJUNDACHARI BY ITS PRINCIPAL SECRETARY
Location: HIGH
COURT OF TO GOVERNMENT
KARNATAKA SCHOOL EDUCATION AND
LITERACY DEPARTMENT,
M.S.BUILDING,
BANGALORE -560 001.
2. THE COMMISSIONER
SCHOOL EDUCATION AND
LITERACY DEPARTMENT
NEW PUBLIC OFFICES,
NRUPATHUNGA ROAD, K.R.CIRCLE,
BANGALORE -560 001.
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WP No. 21699 of 2025
HC-KAR
3. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
SCHOOL EDUCATION AND
LITERACY DEPARTMENT
SECONDARY EDUCATION
NEW PUBLIC OFFICES,
NRUPATHUNGA ROAD, K.R.CIRCLE,
BANGALORE- 560 001.
4. THE DEPUTY DIRECTOR
SCHOOL EDUCATION AND
LITERACY DEPARTMENT
TUMKUR SOUTH DISTRICT,
TUMKUR-572101.
5. THE BLOCK EDUCATION OFFICER
TUMKUR TALUK,
TUMKUR-572101.
...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP FOR R1 TO R5)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO A) HOLD AND DECLARE
THAT THE STATE CANNOT DISCRIMINATE WITH THE
GOVERNMENT EDUCATIONAL INSTITUTIONS IN RESPECT OF
PRIVATE AIDED EDUCATIONAL INSTITUTIONS WITH REGARDS
TO MEDIUM OF INSTRUCTIONS IN THE SCHOOLS REGISTERED
AND RECOGNIZED UNDER THE PROVISIONS OF THE
KARNATAKA EDUCATION ACT, 1983, FAILING WHICH IT
WOULD AMOUNT TO VIOLATION OF ARTICLE 14, 19 (1) (A) (G)
21 AND 21A OF THE CONSTITUTION.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
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WP No. 21699 of 2025
HC-KAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
(a) Hold and declare that the State cannot discriminate with the Government Educational Institutions in respect of Private Aided Educational Institutions with regards to Medium of Instructions in the Schools registered and recognized under the provisions of the Karnataka Education Act, 1983, failing which, it would amount to violation of Articles 14, 19(1)(a)(g), 21 and 21A of the Constitution.
(b) Hold and declare that the stand of the respondents in denying conversion of One Section each in 8th, 9th and 10th Standards from existing Kannada Medium to English Medium as purely arbitrary and violation of Article 14, 19 (1)(a)(g), 21 and 21A of the Constitution.
(c) Hold and declare that the existing Private Aided Educational Institutions are entitled to seek conversion of the Medium of Instructions -4- NC: 2025:KHC:50361 WP No. 21699 of 2025 HC-KAR from Kannada Medium to English Medium considering the need of the children and the parents as per the rights guaranteed under Article 14, 19(1)(a)(g), 21 and 21A of the Constitution.
(d) Quash the Endorsement bearing No.AA NU2 NYA DAA HU BA.29/2024-25/389 dated 13.05.2025 by the 4th respondent vide Annexure-AC.
(e) Direct respondent Nos.1 to 3 to consider the proposal dated 11.02.2023 regarding change of medium to English from Kannada Medium insofar as each section of 8th, 9th and 10th Standards in Ganapathi High School, Hebbur run by the petitioner management in accordance with Rule 7 and Form No.III and IV of the Karnataka Educational Institutions (Classification and Registration) Rules, 1997 vide Annexure-J and KCSRs, Circular dated 05.09.2015 issued by the Government in furtherance of the decision of the Hon'ble Supreme Court and this Hon'ble Court vide Annexure-L bearing No.ED 359 PGC 2015.
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(f) Consequential relief or any other appropriate order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity.
2. Heard learned counsel Sri.M.P.Srikanth for petitioner and Sri.Manjunath K., learned High Court Government Pleader for respondents and perused the material on record.
3. A perusal of material on record will indicate that the petitioner is running an aided High School at Hebbur, Tumkur Taluk and District for classes 8th, 9th and 10th in Kannada medium. The petitioner conducts classes in two sections each in 8th, 9th and 10th Standards and intends to convert one section each into English medium. In this regard, the petitioner submitted a request/application to the respondents who rejected the same, as a result of which, the petitioner approached this Court in W.P.No.12849/2024 which was allowed vide final order dated 21.04.2025 by remitting the matter back to the -6- NC: 2025:KHC:50361 WP No. 21699 of 2025 HC-KAR respondent for reconsideration afresh, in accordance with law, as hereunder:
"In this petition, petitioner seeks the following reliefs:
"a) Quash the Endorsement bearing No.AA PRA SHA SHI HIMBARAHA 26/2023-24 dated 13.02.2024 as issued by the 5th respondent vide Annexure-N.
b) Direct respondent Nos.1 to 3 to consider the proposal dated 11.02.2023 vide Annexure-J regarding change of medium to English from Kannada Medium insofar as each Section of 8th, 9th and 10th Standards in Ganapathi High School, Hebbur run by the petitioner management in accordance with Rule 7 and Form No.III and IV of the Karnataka Educational Institutions (Classification and Registration), Rules, 1997, Circular dated 05.09.2015 issued by the Government vide Annexure-L in furtherance of the decision of the Hon'ble Supreme Court and this Hon'ble Court.
c) Consequential relief or any other appropriate order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity."
2. Heard learned counsel for the petitioner and learned AGA for the respondents and perused the material on record.
3. A perusal of the material on record will indicate that the petitioner is running the subject educational institution in Kannada medium from classes 8th, 9th and 10th standards. It is an undisputed fact as borne out from the material on record that in all the three classes i.e., 8th, 9th -7- NC: 2025:KHC:50361 WP No. 21699 of 2025 HC-KAR and 10th, petitioner - institution has two sections each, both being run in Kannada medium on admitted grant-in-aid code. Petitioner submitted an application / proposal seeking change of medium of instructions in one section out of two sections for 8th, 9th and 10th to English medium, which was refused by respondent No.5 vide impugned endorsement at Annexure - N dated 13.02.2024 and as such, the petitioner is before this Court by way of the present petition.
4. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invited my attention to the impugned endorsement in order to point out that the same is a bald, vague, cryptic, laconic, unreasoned and non- speaking endorsement and the same deserves to be quashed. It is also submitted that though petitioner had placed reliance upon Rule 7 and Form Nos.3 and 4 of the Karnataka Education Institutions (Classification and Registration), Rules, 1997 and the Circular dated 05.09.2015 as well as judgment of the various Courts including the Apex Court and this Court, the same has not been considered by the respondents, who has proceeded to reject the application / proposal, which deserves to be quashed on this ground also.
5. Per contra, learned AGA for the respondents would reiterate the various contentions urged in the Statement of objections and supports the impugned endorsement and -8- NC: 2025:KHC:50361 WP No. 21699 of 2025 HC-KAR submits that there is no merit in the petition and that the same is liable to be dismissed.
6. As rightly contended by learned counsel for he petitioner, the impugned endorsement is a bald, vague, cryptic, laconic, unreasoned and non-speaking endorsement and that the judgment of the various Courts including the Apex Court and this Court, Circular have not been considered by respondent No.5 before issuing the impugned endorsement, which is violative of principles of natural justice warranting interference by this Court in the present petition.
7. In the result, I pass the following:
ORDER
(i) The petition is hereby allowed.
(ii) The impugned endorsement at Annexure - N dated 13.02.2024 issued by respondent No.5 is hereby set aside.
(iii) Matter is remitted back to the concerned respondent for reconsideration of the application / proposal at Annexure - J dated 11.02.2023 submitted by the petitioner.
(iv) The concerned respondent is directed to consider the application / proposal at Annexure - J dated 11.02.2023 submitted by the petitioner, in accordance with law bearing in mind Karnataka Education Institutions (Classification and Registration), Rules, 1997 and the Circular dated 05.09.2015 as well as judgment of the various Courts including the Apex Court and this Court, -9- NC: 2025:KHC:50361 WP No. 21699 of 2025 HC-KAR etc., and take appropriate decision or pass appropriate orders, within a period of one month from 28.04.2025.
(v) Petitioner shall appear before the concerned respondent on 28.04.2025.
(vi) Liberty is reserved in favour of the petitioner to file its reply, pleadings, documents, etc., before the concerned respondent, who shall consider the same and pass appropriate orders in accordance with law."
4. In pursuance of the said order, the respondents once again proceeded to issue impugned endorsement at Annexure-AC dated 13.05.2025 rejecting the request/proposal of the petitioner for change of medium of instruction from Kannada to English insofar as one Section each in 8th, 9th and 10th standards and as such, the petitioner is before this Court, by way of the present writ petition.
5. Learned counsel for the petitioner would reiterate the various contentions urged in the petition and refer to the material on record in order to contend that in the absence of specific bar/prohibition which prevents/prohibits the petitioner from converting one Section each in 8th, 9th and
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NC: 2025:KHC:50361 WP No. 21699 of 2025 HC-KAR 10th Standards from Kannada medium to English medium under the Karnataka Education Institutions (Classification and Registration) Rules, 1997 (for short "1997 Rules), the respondents committed an error in rejecting the request for conversion submitted by the petitioner. It is also pointed by the petitioner that though the respondents seek to rely upon Rule 3 of 1997 Rules, which merely permits registration of an Educational Institution, Rule 7 of 1997 Rules enables the petitioner to intimate change of particulars and in the absence of any prohibition/bar in this regard, the petitioner would be entitled to seek change of medium of instruction for one Section each in 8th, 9th and 10th Standards from Kannada medium to English medium. It is therefore submitted that the impugned endorsement issued by the respondent-
Authorities deserves to be quashed and respondents be directed to issue modified registration certificate in favour of the petitioner.
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6. Per contra, learned HCGP for respondents would reiterate various contentions urged in the statement of objections and submits that in the event, the petitioner intends to run Educational Institution under English medium, the petitioner would have to obtain fresh registration and DISE code and as such there is no merit in the writ petition which is liable to be dismissed.
7. Before adverting to the rival submissions/ contentions, it would be necessary to extract Rule 3 and Rule 7 of 1997 Rules:
"3. Procedure for Registration of Educational Institution:- (1) The application for registering an educational institution shall be filed online on the IT portal of the department on or before 30th November of the year preceding the academic year in which the institution is to be started in Form 1 with additional details and in the manner, content and with supporting documents. The registering authority for such application shall be the authority notified by the Government for the highest level of education sought to be imparted in the institution:
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NC: 2025:KHC:50361 WP No. 21699 of 2025 HC-KAR Provided that, the Government may allow a subsequent date for filing such applications for valid reasons but not beyond sixty days.] [sub-rule(2) and the Table thereof substituted by clause (ii) of the Amendment Rules, 2018, Notification No.ED 709 PGC 2017 (II), dated 7-3-2018] (2) Every such application for registration to the class of institutions specified in column (2) of the table below shall be accompanied by a registration fee and processing fee as specified in the corresponding entry in column (3) and (4) thereof.
The registration fee shall be paid in the form of account payee cheque or demand draft drawn within one month from the date of application and in favour of the registering authority. The demand draft shall be made payable at the branch of Bank located in the headquarters of the registering authority or in the surrounding locality.
TABLE (with effect from 11-11-2014 to 4-9-2015) Sl. Registration Processing Class of Educational Institutions No. Fee Fee (1) (2) (3) (4)
1. Pre-Primary School Rs.25000 Rs.10000
2. Class 1 to 5 Kannada Medium School Rs.25000 Rs.10000
3. Class 6 to 8 Kannada Medium School Rs.50000 Rs.20000
4. Class 6 to 8 English Medium School Rs.100000 Rs.20000
5. Class 9 & 10 Kannada Medium School Rs.50000 Rs.20000
6. Class 9 & 10 English Medium School Rs.100000 Rs.20000]
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NC: 2025:KHC:50361 WP No. 21699 of 2025 HC-KAR TABLE (with effect from 5-9-2015 to 17-1-2016) Sl. Class of Educational Institutions Registration Processing No. (Any Medium) Fee Fee (1) (2) (3) (4)
1. Pre-Primary School Rs.25000 Rs.10000
2. Class 1 to 5 School Rs.25000 Rs.10000
3. Class 6 to 8 School Rs.50000 Rs.20000
4. Class 9 and 10 School Rs.50000 Rs.20000]
1. Substituted for the words "registration fees" by Notification No.ED 709 PGC 2017(II) dated 7-3.2018 and shall be deemed to have been substituted w.e.f. 11.11.2014.
2. Substituted for the word, brackets and figure "column (3)" by Notification No.ED 709 PGC 2017(II) dated 7-3-2018 and shall be deemed to have been substituted w.e.f. 11-11-2014.
3. Table substituted by Notification No.ED 709 PGC 2017(II), dated 7-3-2018 and shall be deemed to have been substituted w.e.f. 11-11-2014.
4. Table substituted by Notification No.ED 709 PGC 2017(II), dated 7-3-2018 and shall be deemed to have been substituted w.e.f. 5-9-2015.
TABLE
(with effect from 18-1-2016)
Sl. Class of Educational Institutions Registration and
No. Processing Fee
(1) (2) (3)
Pre-Primary School
1. BBMP Area Rs.10000
Urban Areas other than BBMP Rs.5000
Rural Areas Rs.2000]
[Sub-rule (2) and the Table thereof so substituted by clause
(ii), the following shall be substituted by clause (iii) of the Amendment Rules, 2018, Notification No.ED 709 PGC 2017(II) dated 7-3-2018]
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NC: 2025:KHC:50361 WP No. 21699 of 2025 HC-KAR (2) Every such application shall be accompanied with payment of registration and processing fee, which shall be paid online to the Consolidated Fund of the State Government in the manner prescribed through a notification. The amount of the registration and processing fee shall be as detailed in the Table below:
TABLE Sl. Class of Educational Institutions Registration and No. (imparting education up to) Processing Fee Pre-Primary Education only BBMP Area Rs.15000
1.
Urban Areas other than BBMP Rs.7500 Rural Areas Rs.2500
2. Primary Education Rs.50000
3. Secondary Education Rs.100000
4. Higher Secondary Education Rs.125000]
1. Table substituted by Notification No.ED 709 PGC 2017(II), dated 7-3-2018 and shall be deemed to have been substituted w.e.f. 18-1-2016.
2. Sub-rule (2) and the table substituted by Notification No.ED 709 PGC 2017(II) dated 7-3-2018 w.e.f. 7-3-2018.
(3)(a) Registration and processing fee, once paid, shall be valid for a period of three years from the date of payment.
(b) If the applicant fails to obtain registration within three years from the date of payment of the Registration and processing fee, such fee shall not be refunded for any reasons.] (4) xxxxxx] (4)(a) The registering authority shall verify the suitability and eligibility of each application in
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NC: 2025:KHC:50361 WP No. 21699 of 2025 HC-KAR accordance with the provisions of Section 31 and the rules made thereunder. He shall issue to the governing council registration certificate or the refusal order, as the case may be within the time limit specified in sub-section (3) of Section 31.
(b) The registration certificate shall be issued in Form II (The registration shall be given for all classes to be started in one academic year, in case such application has been made, provided the institution has established the prescribed infrastructure for the same.]
(c) The refusal order shall indicate the reasons for refusal, and shall be accompanied by the voucher or refund of registration fee.
(d) The Governing Council in whose favour the registration certificate is issued shall start the institution and the standard during the academic year as per specifications laid down in the registration certificate and the date of starting shall be intimated to the registering authority. Failure on the part of the Governing Council to start the institution and the standard during the specified academic year shall lead to automatic cancellation of registration certificate and on no account it shall stand valid for the subsequent academic years.
7. Intimation of change:- (1) The Governing Council of every private educational institution shall intimate any change in the particulars of the educational institution to the Registering
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NC: 2025:KHC:50361 WP No. 21699 of 2025 HC-KAR Authority, in Form III. Such intimation shall be sent by speed post or Registered Post Acknowledgement Due or delivered in person in the office of the registering authority.
(2) On receipt of intimation under sub-rule (1) and upon such enquiry as it may deem necessary, the Registering Authority may, by an order, require the educational institution to surrender the registration certificate.
(3) The surrendered certificate of registration shall become the property of the Registering Authority. In case of changes in the particulars of an educational institution a new registration certificate shall be issued in Form IV. The surrender and issue of new Registration Certificate shall be entered in the register of educational institutions maintained by the Registering Authority both against the old registration and the new registration."
8. A perusal of the aforesaid Rules will clearly indicate that there is no bar/prohibition that prevents or prohibits the petitioner from running the Educational Institution under both English medium of instructions as well as Kannada medium of instruction. In addition thereto, the said Rules do not make any distinction/difference between aided institutions or unaided institutions and as such, the
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NC: 2025:KHC:50361 WP No. 21699 of 2025 HC-KAR reason assigned by the respondents that the petitioner would be entitled to change/convert the medium of instruction from Kannada to English only in cases of unaided institutions and the same would not be applicable to aided institutions cannot be accepted.
9. Learned counsel for the petitioner is also correct in his submission that since the respondents themselves have permitted the Government Schools to conduct classes in both English and Kannada medium of instruction, in the absence of any statutory provisions or rule or regulations which discriminates between Government Schools and Unaided/Aided Schools, by invoking/applying the doctrine of parity, the respondents themselves having permitted medium of instruction to be both in Kannada and English are estopped from now contending that the petitioner which is an Aided Institution is not entitled to conduct classes in both Kannada and English medium and the said contention of the respondents cannot be accepted.
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10. Under these circumstances, having regard to the reasons assigned by the respondents in refusing to permit conversion of medium of instruction in relation to clauses 8th, 9th and 10th Standards in respect of one section each from Kannada to English, I am of the considered opinion that the impugned endorsement deserves to be quashed and the respondents are to be directed to issue modified registration by permitting the petitioner to conduct classes in one Section each in 8th, 9th and 10th Standards in Ganapathi High School, Hebbur in both Kannada medium and English medium by issuing certain directions in this regard.
11. Accordingly, I pass the following:
ORDER
(a) The writ petition is allowed.
(b) The impugned endorsement bearing No.C£ÀÄ2.£Áå.zÁ.ºÀÆ.§.29/2024-25/389 dated 13.05.2025 (Annexure-AC) is hereby quashed.
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(c) The respondents are directed to issue modified Registration Certificate in favour of the petitioner, permitting the petitioner-Institution to run/conduct one Section each in 8th, 9th and 10th Standards in both English medium as well as Kannada medium and issue necessary documents in this regard in favour the of petitioner, within a period of four weeks from the date of receipt of a copy of this order.
SD/-
(S.R.KRISHNA KUMAR) JUDGE MPK CT:bms List No.: 1 Sl No.: 13