Karnataka High Court
Baldwin Methodist Educational Society vs State Of Karnataka on 3 June, 2024
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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NC: 2024:KHC:18767
WP No. 14232 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 14232 OF 2024 (EDN-RES)
BETWEEN:
1. BALDWIN METHODIST EDUCATIONAL SOCIETY
A REGISTERED SOCIETY
REGISTERED UNDER SOCIETIES
REGISTRATION ACT,
HAVING ITS REGISTERED OFFICE AT NO.13,
CONVENT ORAD, BMEC,
BENGALORE-560 025
(REPRESENTED BY AUTHORISED SIGNATORY
JOSHUA SAMUEL)
... PETITIONER
(BY SRI. RAKESH B BHATT., ADVOCATE)
AND:
Digitally signed
by VIJAYA P 1. STATE OF KARNATAKA
Location: HIGH
COURT OF DEPARTMENT OF EDUCATION,
KARNATAKA
VIKAS SOUDHA
BENGALURU - 560 001
REPRESENTED BY PRINCIPAL SECRETARY
2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS
NEW PUBLIC OFFICE, NEAR -RBI
NRUPATHUNGA ROAD
AMBEDKAR VEEDHI,
SAMPANGI RAMA NAGARA,
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NC: 2024:KHC:18767
WP No. 14232 of 2024
BENGALURU,
KARNATAKA - 560 001
3. DEPUTY DIRECTOR (ADMINISTRATION)
DEPARTMENT OF PUBLIC INSTRUCTION
BANGALORE SOUTH DISTRICT
KALASIPALYAM
BENGALURU - 560 002
... RESPONDENTS
(BY SMT. NAVYA SHEKAR, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R1 TO 3
TO ENABLE PETITIONERS TO FILE APPLICATIONS THROUGH
ONLINE OR OFFLINE MODE SEEKING FOR NOC AS PER
KARNATAKA EDUCATIONAL INSTITUTIONS (ISSUE OF NO
OBJECTION CERTIFICATE AND CONTROL) RULES, 2022
WITHOUT INSISTING FOR 3 YEAR FUNCTION / FILING OF 3
YEARS AUDIT REPORT AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner - Trust has filed the present petition seeking for issuance of writ in the nature of mandamus to direct respondents 1 to 3 to enable the petitioner to file application through online or offline mode seeking for No Objection Certificate (NOC) in terms of the Karnataka Educational Institutions (Issue of No Objection Certificate -3- NC: 2024:KHC:18767 WP No. 14232 of 2024 and Control) Rules, 2022, without insisting for filing of 3 years audit report.
2. It is the case of the petitioner that the petitioner - Trust is seeking to affiliate the existing school to the CBSE Board and for such purpose, is seeking to obtain NOC from the State Government which is the prerequisite for such affiliation to the CBSE Board. It is submitted that the format for securing of NOC from the State Government for affiliation, imposes condition in Column No.3 (vi) to provide copies of audit reports of previous 3 years. It is submitted that online application for NOC cannot be processed without fulfilling such requirement. It is contended that such requirement is not provided for under the Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022 as is found in Column 3 (vi) of Form-I.
3. Attention is drawn to the order passed in W.P.No. 11980/2023 wherein this Court in identical facts situation has directed application seeking NOC to be -4- NC: 2024:KHC:18767 WP No. 14232 of 2024 accepted online by dispensing with the condition in Column 3 (vi) of Form-I. It is submitted that in the present case also, same order may be passed.
4. Taking note of the observations made in W.P.No. 11980/2023, learned Additional Government Advocate fairly submits that the issue as is presented by the petitioner is governed by the order passed in W.P.No.11980/2023 and accordingly, the matter may be disposed off.
5. The facts as stated above are not in dispute.
This Court in W.P.No.11980/2023 has disposed off the writ petition directing acceptance of application through online mode dispensing with the requirement of filing 3 years audit reports. The relevant observations made by this Court are extracted below:
"8. On examining the 'Rules 2022', any private educational institutions, which seek affiliation or grant of NOC, have to make application along with valid school recommendation certificate, valid building safety certificate and fire safety certificate -5- NC: 2024:KHC:18767 WP No. 14232 of 2024 issued by the Competent Authority. Though application contemplates that intending institution has to place on record the audit reports of previous three years, the present petitioner - Trust is registered in 2022 and therefore, Authorities cannot insist for three years Audit reports.
9. If the petitioner - Trust holds all requisite certificates as indicated in Rule 3 of Rules, 2022, the petitioner - Trust is entitled to seek affiliation with CBSE Board. If the petitioner - Institution has not even completed one year, the respondents Authorities in the absence of conditions indicated in the Rules, 2022 cannot insist for audit report. As there is a serious contest by the State insisting for production of audit report for at least one year, it would be useful for this Court to refer to condition No.3 of Rules 2022, which is culled out as under;
3. Conditions for Grant of No Objection Certificate.-
(1) Any private educational institution which seeks affiliation with any Board may apply to obtain a No Objection Certificate which shall be granted only in accordance with these rules.
(2) Any private educational institution seeking a No Objection Certificate shall indicate in the manner specified under these rules that they are in legal possession of land as per the -6- NC: 2024:KHC:18767 WP No. 14232 of 2024 norms of affiliation of the appropriate Board they are seeking affiliation to.
(3) Any private educational institution seeking grant or modification of No Objection Certificates under these rules shall make an application for the same in such manner as specified in these rules and such application shall be accompanied by the following documents, namely:-
(a) Valid School Registration Certificate.
(b) Valid School Recognition Certificate.
(c) Valid Building Safety Certificate.
(d) Valid Fire Safety Clearance Certificate.
(4) Any private educational institution seeking grant or modification of No Objection Certificates shall furnish an affidavit in Form-A duly attested by a Notary along with the application."
10. On bare reading of the Rule 3 of Rules 2022, any private educational institution which seeks affiliation with any Board is entitled to seek NOC from the respondent Authorities. To seek affiliation, the intending educational Trust has to furnish all the requisite documents as indicated in Rule 3(3) of Rules, 2022. If there is a due compliance as indicated in Rule 3(3) of Rules, 2022, the Authorities by incorporating additional condition in Form No.1 cannot decline to issue NOC. Rule 3(1) of Rules, 2022 clearly indicates that any private educational -7- NC: 2024:KHC:18767 WP No. 14232 of 2024 institution is entitled to seek affiliation with any Board.
11. The primary reason for requirement of NOC is that most of the schools belonging to various States start of as a "State Board Affiliate". As soon as the students of a particular school progress to class-8, CBSE starts accepting affiliation requests through which only those students to allow to take Class-10 Board examination. In simple terms, NOC is required to change the Board from State Education Department. CBSE, in fact, had cancelled NOC Rule as it was found that the Educational Officers are unnecessarily harassing the schools before issuing NOC.
Now, the said requirement is again brought back by the CBSE for all the schools seeking affiliation. But, under the garb of considering any application for NOC, the said Authorities should not unnecessarily delay the process of affiliation. If the case is made out and if it is found that the Educational Institution is entitled to seek affiliation with CBSE Board. If school is already registered and a permission is granted and has a recognition certification, the Authorities under the garb of enquiry to issue NOC should not unnecessarily sit over the file relating to grant of NOC by adding additional conditions, which are not prescribed under the Rules, 2022.
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12. If petitioner - Trust, while seeking NOC from the State Government, has annexed all requisites documents as indicated in under Sub Rule (3) of "Rules, 2022", the Authorities are bound to consider the application seeking NOC in accordance with law. The condition imposed in clause vi column No.3 of Form-I of "Rules, 2022" as per Annexure -H is held not maintainable for issuing NOC in respect of those institutions, which are duly established. The prayer No.b does not survive for consideration.
13. In the light of the finding as recorded above, I proceed to pass the following;
ORDER The Writ Petition is allowed in part.
Writ of mandamus issues to respondent Nos.2 and 3 to consider application submitted by the petitioner - Trust seeking affiliation and shall accept application of the petitioner through on-line by dispensing condition indicated in Clause vi, column 3 of Form No.I and thereafter, pass appropriate orders on the application in accordance with law within a period of 10 days. Pending applications, if any, are also disposed of."
-9-NC: 2024:KHC:18767 WP No. 14232 of 2024
6. In light of the stand of the respondent - State in the present case, the matter is disposed off taking note of the order of the Co-ordinate Bench directing respondents 1 and 2 to accept the application of the petitioner - Trust seeking NOC through online mode, by dispensing with the condition indicated in Column 3 (vi) of Form-I and pass appropriate orders in accordance with law.
7. Accordingly, petition is disposed off.
Sd/-
JUDGE VP