ORDER : These six writ petitions are filed by 76 institutions whose registration certificate for starting unaided primary and higher primary schools within the district of Vijayapur coming under various blocks of the Education Department is cancelled. They have come in these writ petitions impugning the order of cancellation of registration dated 28.11.2017 issued by common 4th respondent namely the Deputy Director (Administration) Public Instruction, Vijayapur. 2. Admittedly, all 76 petitioners in these six batch of writ petitions are the institutions which are intending to start primary and higher primary schools within the district of Vijayapur coming under various blocks of the Education Department, which is represented by respondent Nos.5 to 11 in the first three writ petitions and respondent Nos.5 to 7 in the remaining petitions within whose jurisdiction the educational institutions were intended to be started by the petitioners. 3. The record would indicate that on 07.01.2017 a notification was issued by the respondent- State calling for applications by the intending institutions to start unaided primary and higher primary school within the district of Vijayapur. The last date within which the applications were required to be submitted was 31.01.2017 initially, which is subsequently extended by notification on 18.03.2017 and 28.06.2017 thereby extending the last date for filing of applications to 01.07.2017. 4. It is stated on behalf of the State that in all 179 applications were received by the Education Department of Vijayapur district seeking permission to start private unaided primary and higher primary schools coming under various blocks of the said district. The said 179 applications were referred to a committee which was constituted to go through the said applications for verification and approval with reference to the extent of land held by them, infrastructure made available by the applicants and also financial stability of the persons who were willing to start educational institutions. 5. Initially the committee which was constituted for said purpose cleared 35 applicants, as eligible to be given permission to start the educational institutions in indicating that the applicants therein have fulfilled all requirements to start the educational institutions as contemplated under notification and they are entitled to be issued certificate of registration. 6. With reference to remaining 144 applications, another committee was constituted on 08.06.2017. The said 144 applications were referred to the second committee for verification and to give its opinion. 6. With reference to remaining 144 applications, another committee was constituted on 08.06.2017. The said 144 applications were referred to the second committee for verification and to give its opinion. It is this second committee which cleared 85 applications, upholding that the 85 applicants have also met all requirements and they are required to be given registration certificate for commencement of unaided primary and higher primary schools within the district of Vijayapur. 7. Based on the report of the second committee, the 4th respondent has issued registration certificate to all the 85 applicants to commence their educational institutions in accordance with registration certificate issued in their behalf. The said registration certificate is issued between 12.07.2017 to 26.07.2017. Pursuant to which the 85 educational institutions made necessary arrangements to commence the educational institutions for the academic year 2017-18. 8. When matter stood thus, it is stated that in a meeting held by Vijayapur Zilla Panchayat a decision was taken by the said Zilla Panchayat to instruct the 4th respondent-Deputy Director (Administration) Public Instruction, Vijayapur to cancel the registration certificate issued to 85 institutions pursuant to the report of the second committee. The said recommendation of Chief Executive Officer of Vijayapur Zilla Panchayat is said to be communicated to the 4th respondent. Based on which, order dated 28.11.2017 is passed by the 4th respondent cancelling issuance of registration certificate to 85 institutions. The said order of the 4th respondent is subject matter of challenge in these six writ petitions by 76 institutions out of 85 institutions, which secured permission to start educational institutions pursuant to recommendation of the second committee, which was constituted by the State on 08.06.2017. 9. In this matter, when the writ petitions were initially taken up for consideration a direction was issued to the 4th respondent-Deputy Director (Administration) Public Instruction, Vijayapur to be present before the Court. When it was enquired with him the basis for cancellation of registration certificate issued to 76 petitioners in this six writ petitions, it was stated by him that under the recommendation of CEO Vijayapur Zilla Panchayat the decision for cencellation of registration certificate to aforesaid 85 institutions is taken by him vide order impugned dated 28.11.2017. 10. When it was enquired with him the basis for cancellation of registration certificate issued to 76 petitioners in this six writ petitions, it was stated by him that under the recommendation of CEO Vijayapur Zilla Panchayat the decision for cencellation of registration certificate to aforesaid 85 institutions is taken by him vide order impugned dated 28.11.2017. 10. At the same time, learned counsel Smt. Ratna Shivayogimath appearing for the 2nd respondent- Zilla Panchayat, Vijayapur was directed to place on record as to what provision of Education Act, which deals with issuance of registration certificate permit the Zilla Panchayat either to recommend for issuance of registration certificate or to direct the concerned officer to cancel the registration certificate issued by the 4th respondent. 11. The said learned counsel is not in a position to demonstrate before the Court with reference to the provision of law under the Karnataka Education Act, 1983 or under the Karnataka Educational Institutions (Classification and Registration) Rules 1997, which provides such right to the 2nd respondent namely the Chief Executive Officer of Zilla Panchayat. Therefore, the said counsel being left with no other option, had to concede that there is no provision either under the Karnataka Education Act or Rules made thereunder which empower the Officers of Zilla Panchayat to have their say either for issue of approval for issue of registration certificate or in the alternative for cancellation of certificate already issued. However, there was an attempt on her part to support the conduct of 2nd respondent-CEO of Zilla Panchayat in directing the 4th respondent to cancel the registration certificate issued to 85 institutions on the ground that it has supervisory right to supervise the said educational institutions and also the power to recommend financial support from the said office. Therefore, they have a vested right in overseeing both issuance of registration certificate and as well as the starting of said institutions. Though such submission was made by the learned counsel she was not able to substantiate the same with reference to either the provision of the Act or Rules made under the Education Act. 12. In this background, what is required to be seen is the procedure to be followed for issuance of registration certificate for starting new educational institutions. Though such submission was made by the learned counsel she was not able to substantiate the same with reference to either the provision of the Act or Rules made under the Education Act. 12. In this background, what is required to be seen is the procedure to be followed for issuance of registration certificate for starting new educational institutions. The relevant provision which mandates registration of educational institutions under Karnataka Education Act before starting an educational institution is under Section 30 of the Karnataka Education Act, wherein Section 30(1) and (2) reads as under: “30. Educational institutions to be registered.- (1) Save as otherwise provided in this Act, every local authority institution and every private educational institution, established on or before the date of commencement of this Act or intended to be established thereafter, shall notwithstanding anything contained in any other law for the time being in force, be registered in accordance with this Act and the rules made thereunder. (2) No person or local authority shall establish or as the case may be, run or maintain an educational institution requiring registration under this section, unless such institution is so registered.” 13. Section 31 of the Act deals with the procedure for registration of educational institutions, which reads as under: “31. Procedure for registration of educational institutions.- (1) Any local authority or any person or registered body of persons intending to,- (a) establish an institution imparting education, or (b) maintain an institution imparting education established on or before the date of commencement of this Act and in existence on such date, shall make an application for registration of such institution to the registering authority within such period and in such manner along with such fee as may be prescribed. (2) While registering an institution under subsection (1), the registering authority shall have due regard to the following matters, namely:- (a) that there is need for providing educational facilities to the people in the locality or for the type of education intended to be provided by the institution; (b) that there is adequate financial provision for continued and efficient maintenance of the institution as prescribed by the competent authority; (c) that the institution is proposed to be located in a sanitary and healthy surroundings; (d) that the site for the building, playground and garden proposed to be provided and the building in which the institution is proposed to be housed conform to the rules prescribed therefor; (e) that the teaching staff qualified according to rules made by the State Government in this behalf, is or shall be appointed; and (f) that the application satisfies the requirements laid down by this Act and the rules and orders made thereunder. (3) The registering authority shall within a period of three months from the date of receipt of the application,- (a) register the institution and issue a certificate in the prescribed form, if the conditions specified or prescribed for registration have been complied with; or (b) specify or extend from time to time, the period for compliance with such conditions: Provided that the registering authority, may if it deems necessary, obtain and consider a report on the need for such institution from the expert body constituted under section 37 before granting or refusing the registration. (4) Where any period is specified or extended under clause (b) of subsection (3), the registering authority may register the institution if the conditions prescribed or specified for registration have been fulfilled within such period and issue a certificate in the prescribed form but shall refuse registration where there has been no such compliance. Every order of refusal shall disclose the grounds for such refusal and shall be in writing and shall be communicated to the concerned applicant. Every order of refusal shall disclose the grounds for such refusal and shall be in writing and shall be communicated to the concerned applicant. (5) The Governing Council of an educational institution registered under this section shall give intimation to the registering authority of any change in of the particulars furnished under sub-section (1) or of closure of the institution, in such form, in such manner and within such time as may be prescribed and the registering authority shall, on receipt of such intimation, amend the register and the registration certificate wherever necessary or, as the case may be, cancel the certificate.” 14. The aforesaid two provisions clearly indicate that the responsibility of receiving applications and issuing certificate is neither with the Zilla Panchayat office of any district or they have any role to play either for registration of such institutions or they have any control over running of said institutions, which are exclusively looked after by the officers of the Education Department under this Act. 15. In fact the procedure which is required to be followed for registration of educational institutions is under Rule 3 of Karnataka Educational Institutions (Classification and Registration) Rules, 1997, which reads as under: “3. Procedure for registration of Educational Institution:- (1) Applications for registering an Educational Institution shall be filed in Form-1 before the registering authority or the authority authorised in this behalf, only (on or before 31st day of October of the year preceding the academic year in which the educational institution is intended to be started) and shall be delivered in person or through registered post and acknowledgement obtained. (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 as specified in the corresponding entry in column (3) 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 the Bank located in the headquarters of the registering authority or in the surrounding locality. Sl. No. Class of Educational Institutions Registration fee to be paid (1) (2) (3) 1 Pre-Primary Institutions Rs.2,000/- 2 Lower Primary Schools with pre-primary section (Std. I to IV) Rs.5,000/- 3 Upper Primary Schools (for Kannada Medium) (Std. Sl. No. Class of Educational Institutions Registration fee to be paid (1) (2) (3) 1 Pre-Primary Institutions Rs.2,000/- 2 Lower Primary Schools with pre-primary section (Std. I to IV) Rs.5,000/- 3 Upper Primary Schools (for Kannada Medium) (Std. V to VII) (for English Medium) Rs.5,000/- Rs.10,000/- 4 Secondary Schools (Std. VIII to X) Rs.10,000/- (3) Registration fee once paid shall not be refunded where registration is granted and where registration is refused, the amount of the fee paid shall be refunded without interest to the applicant. The refund shall be made in the form of account payee cheque drawn by the registering authority on the local treasury where the applicant resides. (4) The registration fee received under sub-rule (2) shall be held in a personal deposit account opened in the name of the registering authority or the authority authorised in this behalf in the nearest District Treasury. (5) (a) The registering authority shall verify the suitability and eligibility of each application in 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 (c) The refusal order shall indicate the reasons for refusal and shall be accompanied by the voucher of 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. 16. In this background, when Education Department has taken proper steps to call for applications and thereafter to issue registration certificate for commencement of educational institutions in favour of 85 institutions as recommended by the second committee constituted by the State on 08.06.2017. 16. In this background, when Education Department has taken proper steps to call for applications and thereafter to issue registration certificate for commencement of educational institutions in favour of 85 institutions as recommended by the second committee constituted by the State on 08.06.2017. The 4th respondent having issued registration certificate in their behalf had no authority or right to cancel the same by order impugned dated 28.11.2017, at the instance of the second respondent and the same is required to be set aside. 17. In that view of the matter, all these writ petitions are allowed. The order of cancellation of registration certificate issued to 85 institutions under impugned order dated 28.11.2017 is quashed. In view of quashing of the said order the order of issuance of registration certificate to aforesaid 85 institutions get revived and they are at liberty to proceed with the starting of educational institutions pursuant to registration certificate issued to each one of them. 18. While allowing these writ petitions the order passed herein is extended not only 76 institutions which are petitioners herein, but also to another 9 institutions which are in the list appended to the order of cancellation dated 28.11.2017, on the ground when once the said order is found to be illegal, it should not be permitted to scuttle the right of another nine institutions, to start the educational institution on the ground that they did not challenge the same. With such observations, these batches of writ petitions are allowed.