Sahara Educational And Charitable Trust, Represented By Its Trustee Mrs. Sameena Kousar v. State Of Karnataka, Rep By The Principal Secretary, Department Of Education
2025-11-24
S.R.KRISHNA KUMAR
body2025
DigiLaw.ai
ORDER : S.R. KRISHNA KUMAR, J. In this petition, petitioner seeks the following reliefs: “a) Issue a writ of mandamus or any other appropriate writ, order, or direction directing the respondents to forthwith permit the petitioner to operate its school from the new premises as permitted by this Hon’ble Court in WP No.12748 of 2024; b) Issue a writ of certiorari or any other appropriate writ, order or direction quashing the impugned Communication at Annexure-E dated 07.04.2025 bearing No.G3/Kha.Sha./ ANA.STHALANTARA/97/2024-25 issued by respondent No.3 c) Declare that the tagging of students under the government school for board exams is contrary to the order dated 07.03.2025 in WP No.12748/2024 and direct the respondents to rectify the same by recognizing the said students under the petitioner institution; d) Issue a writ in the nature of mandamus directing the respondents to reconsider the representations made by the petitioner to shift its premises in terms of the directions of this Hon’ble court. e) Pass such other orders as may be deemed just and proper in the interest of justice and equity.” 2. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioner invited my attention to the order dated 07.03.2025 passed in W.P.No.12748/2024 in order to point out that subsequent to the said order passed by this Court, the petitioner submitted a representation dated 04.06.2025 to the respondents seeking unblocking of the SSLC login, declare 2024- 25 results under school login, issue marks cards, reopen SATS Access, and etc. Since the respondents did not comply with the directions issued by this Court in the said order, petitioner filed the present petition during pendency of the which, petitioner submitted a representation dated 04.06.2025 despite which the respondents have not taken steps to activate the online portal so as to enable the petitioner to proceed further as directed in the aforesaid order. It is also submitted that on the other hand, respondents have issued a Communication dated 08.04.2025 received on 16.04.2025 to the petitioner – Trust, who is before this Court by way of the present petition.
It is also submitted that on the other hand, respondents have issued a Communication dated 08.04.2025 received on 16.04.2025 to the petitioner – Trust, who is before this Court by way of the present petition. It is submitted that insofar as the academic year 2024-25 is concerned, the respondents have issued the SSLC Marks Card in favour of the students showing that the students have studied in the ‘Government School’ instead of subject school i.e., ‘Amber Valley High Primary and High School’, run by the petitioner-Trust, wherein the students actually studied. It is therefore submitted that present petition may be disposed by issuing directions to the respondents in this regard. 3. Per contra, learned HCGP for the respondents would reiterate the contentions urged in the statement of objections and submits that since the petitioner did not file online application, the respondents could not take appropriate steps pursuant to the aforesaid order passed by this Court and as such, there is no merit in the petition and that the same is liable to be dismissed. 4. Before adverting to the rival submissions, it would be necessary to refer to the earlier order passed by this Court in Sahara Educational and Charitable Trust Vs. State of Karnataka and others – W.P.No.12748/2024 dated 07.03.2025 wherein this Court has held as under: “In this petition, the petitioner-Trust seeks following reliefs: "a) Issue a writ in the nature of Mandamus and/or such or other writ order or direction against the respondents to consider the representation, to commence the school of the petitioner in the stated premises as per Annexure-E dated 24.07.2023; b) Issue a writ in the nature of Certiorari and/or such other writ order or direction, quashing the Respondent No.3 communication dated 20.04.2024 bearing No.G3/SHALA DHORU/15/2023-24 produced as Annexure-F; c) Grant costs and pass such other/further orders as this Hon'ble Court deems fit in light of the facts and circumstances of the case in the interest of justice and equity." 2. Heard learned counsel for the petitioner; learned Additional Government Advocate for respondents 1 to 3; and learned counsel for the respondent No.4 and perused the material on record. 3.
Heard learned counsel for the petitioner; learned Additional Government Advocate for respondents 1 to 3; and learned counsel for the respondent No.4 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner-Trust was running a School under the name and style of "Amber Valley Higher Primary and High School" at Sulebylu Bypass Road, Shivamogga having taken the premises on lease from the respondent No.4 at the time of preferring the present petition. The petitioner-Trust was aggrieved by the impugned order/communication dated 20 th April, 2024 (Annexure-F) issued by the respondent No.3, directing closure of the school that was being run in the earlier premises and got consequent direction to the respondents 1 to 3 to permit the petitioner-Trust to shift the School to a new premises at 2 nd Cross, Gandharva Nagar, Shivamogga. 4. In the present petition, there is an interim order of stay of impugned order/communication dated 20 th April, 2024 (Annexure-F) pending disposal of the present petition. 5. Learned counsel for the petitioner submits that, during the pendency of the present petition, the petitioner-Trust had vacated the earlier premises of which the respondent No.4 was the landlord and the petitioner-Trust had shifted its school to new premises situate at 2 nd Cross, Gandharva Nagar, Shivamogga. It is also submitted by the learned counsel for the petitioner that, at present the petitioner-Trust is running its school in the aforesaid premises and twenty seven students are studying in SSLC, who are due to take-up the ensuing SSLC Examination scheduled to commence from 21 st March, 2025. It is further submitted by learned counsel for the petitioner that the petitioner would submit the fresh representation along with all relevant documents to respondents 1 to 3, who may be directed to consider the same and pass appropriate orders / take decision within a stipulated time frame. It is further submitted that, till the respondent-Authorities pass appropriate orders / take decision on the said representation, the respondent- Authorities shall be directed not to take any precipitative action / coercive steps against the school of the petitioner-Trust or its students in respect of the school being run at the aforesaid premises situate at 2 nd Cross, Gandharva Nagar, Shivamogga.
It is also submitted that, since, twenty seven students have already been registered to take-up the ensuing SSLC Examination, the respondents 1 to 3 may be directed to permit the said twenty seven students, whose names are mentioned in the representation of the petitioner to take-up the ensuing SSLC Examination scheduled to commence from 21 st March, 2025. 6. Per contra, learned Additional Government Advocate for respondents 1 to 3 submit that, in the event, if the petitioner submits the representation, the respondents 1 to 3 would consider the same and take appropriate decision / pass appropriate orders in accordance with law. 7. It is further submitted by the learned Additional Government Advocate that, since twenty seven students have already been registered to take-up ensuing SSLC Examination scheduled to commence from 21 st March, 2025, without prejudice to the rights and contentions of the respondent-Authorities, the respondents 1 to 3 would permit the said twenty seven students as per the representation to take-up the ensuing SSLC examination. 8. In view of the aforesaid facts and circumstances and submissions made by learned counsel for the petitioner and learned Additional Government Advocate for respondents 1 to 3, I deem it just and appropriate to dispose of the present petition by issuing certain directions.
8. In view of the aforesaid facts and circumstances and submissions made by learned counsel for the petitioner and learned Additional Government Advocate for respondents 1 to 3, I deem it just and appropriate to dispose of the present petition by issuing certain directions. In the result, I pass the following: ORDER 1) The petition is hereby disposed of; 2) The petitioner-Trust is directed to submit a fresh representation along with relevant documents to the respondents 1 to 3 within a period of one week from today; 3) The petitioner-Trust shall furnish a list of twenty seven students said to have registered for ensuing SSLC Examination scheduled to commence from 21 st March, 2025 along with the fresh representation; 4) Respondents 1 to 3 are directed to consider the representation of the petitioner-Trust and take decision / pass appropriate orders within a period of two weeks from the date of submission of representation by the petitioner-Trust; 5) Liberty is also reserved in favour of the petitioner-Trust to make online application/representation etc., along with relevant documents in accordance with law; 6) Respondents 1 to 3 are directed to permit the twenty seven students as enumerated in the list to be submitted by the petitioner-Trust to take-up ensuing SSLC examination scheduled to commence from 21 st March, 2025; 7) It is also directed that the respondents 1 to 3 shall not take any precipitative action / coercive steps against the school of the petitioner-Trust and its students which is presently being run at the premises situated at 2 nd Cross, Gandharva Layout, Shivamogga, till the consideration of the representation to be submitted by the petitioner-Trust.” 5. According to the learned counsel for the petitioner, due to deactivation of SATS online portal, the petitioner – Trust could not file appropriate online application pursuant to the aforesaid order passed by this Court and a representation dated 04.06.2025 was submitted by the petitioner seeking appropriate request as hereunder: “To The Respected Commissioner for Education, Department of Education. Government of Karnataka, Nrupatunga Road, Bangalore – 560 001. From Sameena Kousar, Founder and Managing trustee Amber Valley School, Shivamogga -577 201. Subject: Request to Unblock SSLC Login (KA0479), Declare 2024-25 Results under our school login, Issue Marks Cards, Reopen SATS Access, Unblock Book Indent, and Reconsider School Shifting Proposal – As per Hon'ble High Court Order.
Government of Karnataka, Nrupatunga Road, Bangalore – 560 001. From Sameena Kousar, Founder and Managing trustee Amber Valley School, Shivamogga -577 201. Subject: Request to Unblock SSLC Login (KA0479), Declare 2024-25 Results under our school login, Issue Marks Cards, Reopen SATS Access, Unblock Book Indent, and Reconsider School Shifting Proposal – As per Hon'ble High Court Order. Respected Sir/Madam, I. Sameena kousar, Founder Trustee, representing the Management of Amber Valley School, Shivamogga (managed by Sahara Education Trust), am writing this letter in reference to the subject mentioned above and in compliance with the directions issued by the Hon'ble High Court of Karnataka in Writ Petition No.15429/2029. The Hon'ble Court has graciously granted us liberty to approach your esteemed office for the implementation of its order. Accordingly, we submit this representation for your kind consideration and immediate action. Due to administrative and shifting-related issues, our school's SSLC login (KA0479) was blocked by the Block Education Officer without prior notice. While admission tickets and Transfer Certificates (TCs) for the SSLC examination were issued through our school login, the final results were declared under a Government school login (KPSC), which has caused significant concern and confusion among parents and students. Since the students have completed their education entirely at our private institution, the issuance of marks cards under another school's name-particularly a Government school- is unacceptable to parents and may negatively impact students academic records and future prospects. We now have a direction from the Hon'ble High Court instructing that the marks cards be issued under our school's login. In this regard, we respectfully request the following actions be taken without delay: 1. Unblock our SSLC login (KA0479) and declare the 2024-25 SSLC results under our school's login. 2. Reopen SATS access to allow student data management. 3. Unblock the textbook indent portal for proper and timely distribution of learning materials. 4. Facilitate issuance of textbooks for RTE students, who are in urgent need of academic resources. 5. Reconsider the proposed school shifting, in line with the Karnataka Education Act, 2009, since Amber Valley School is a 20-year-old established institution serving the educational needs of Shivamogga. 6. RTE reimbursement: Please release the RTE reimbursement of 2023-2024. 7. School Renewal: Please complete the RR for 2024-2025 and 2025-2026. We sincerely seek your cooperation in ensuring smooth functioning of our school and proper implementation of the Hon'ble High Court's orders in letter and spirit.
6. RTE reimbursement: Please release the RTE reimbursement of 2023-2024. 7. School Renewal: Please complete the RR for 2024-2025 and 2025-2026. We sincerely seek your cooperation in ensuring smooth functioning of our school and proper implementation of the Hon'ble High Court's orders in letter and spirit. We remain hopeful for your prompt and favorable response.” 6. It is a matter of record that on account of no orders being passed by the respondents pursuant to the aforesaid representation submitted by the petitioner, the name of the students’ school appearing in the marks card issued in favour of the students of the subject school run by the petitioner – Trust indicates that they have stated as ‘Government School’ and not the aforesaid subject school of the petitioner, which is factually incorrect. It is also not in dispute that the respondents have not complied with the request made by the petitioner in its representation dated 04.06.2025. Under these circumstances, I deem it just and appropriate to dispose of this petition by issuing certain directions to the concerned respondents. 7. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) Respondents are directed to address the grievance of the petitioner as well as the request made in the representation dated 04.06.2025 submitted by the petitioner and take appropriate decision in this regard within a period of two weeks from the date of receipt of a copy of this order bearing in mind the order passed by this Court in W.P.No.12748/2024. (iii) Immediately upon the concerned respondents having taken appropriate decision / passing appropriate orders as stated supra, respondents shall substitute the name of subject school of the petitioner as ‘Amber Valley High Primary and High School’ in place of ‘Government School’ in the SSLC Marks card of the students issue fresh SSLC marks card in favour of all the students within a period of two weeks from the date of taken such decision by the respondents. (iv) Liberty is reserved in favour of the petitioner to take recourse to such remedies as available in law including approaching this Court subsequently, if occasion so arise, (v) It is made clear that this order is passed in the peculiar / special / unique facts and circumstances obtaining in the instant case and the same shall not be treated as precedent nor shall carry any precedential value for any purpose whatsoever.
Subject to the aforesaid observations and directions, the petition stands disposed of.