Amzad Pasha v. The Additional Chief Secretary

ORDER PASSED BY THE 3RD RESPONDENT BEARING f3(C2)497.±Á.ªÀÄ.£ÉÆA. »A.68/2021-22/63 ¢£ÁAPÀ: 31.03.2026 BY WHICH THE RESPONDENT NO.3. HAS WITHDRAWN THE REGISTRATION AND THE RECOGNITION OF THE PETITIONER SCHOOL AS PER ANNEXURE-K TO WRIT PETITION AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

¶1Petitioner filed this writ petition seeking to set aside passed by third respondent

31.03.2026 vide Annexure-K.

¶2The facts leading to raising of this writ petition are as follows:

Petitioner is running an Education Institution from the year 2008-09 onwards. The petitioner had applied for registration and recognition of the institution from the respondents. When coercive steps were taken during 2017 for closing the institution, petitioner approached the first and second respondent by filing an appeal and Revision Petition.

¶3The Revision Petition was allowed by the first respondent vide order dated 27.10.2017 and directions were issued to register and recognise the School and accordingly, Certificate of Registration was issued. Petitioner made representations for renewal of recognition and registration. The third respondent issued show-cause notice dated 25.06.2025 without appreciating the reply submitted by the petitioner dated 29.02.2025 and passed an order dated 31.03.2026 whereby withdrawing the registration and recognition of the School.

¶3Petitioner being aggrieved by the order dated

31.03.2026, preferred an appeal before the second respondent on 19.05.2026. As the Appellate Authority has not passed any order, the petitioner had challenged the impugned order dated 31.03.2026 in this writ petition.

¶4Learned Counsel for petitioner submits that before passing

31.03.2026 withdrawing registration and recognition of the School, no enquiry was held and the said order is in violation of principles of natural justice.

¶5It is submitted that the petitioner preferred an appeal before the second respondent and the second respondent has not yet passed an order. Hence, it is prayed that directions be issued to the second respondent to dispose of the appeal within the stipulated time. Hence, on these grounds, he prays to dispose of the writ petition with a direction to the second respondent to dispose of the appeal.

¶6The petitioner has already approached the second respondent which is the Appellate Authority against the order dated 31.03.2026 and the appeal is pending for consideration. The petitioner cannot claim the same relief in the writ petition. The petitioner cannot simultaneously initiate appeal proceedings challenging the same order before second respondent and by filing writ proceedings before this court.

¶7Hence, the writ petition filed by the petitioner challenging

31.03.2026 is not maintainable as the petitioner has already challenged the said order before the second respondent, which is pending for consideration.

¶8Hence, I do not find any ground to interfere with the impugned order and accordingly, I proceed to pass the following:

ORDER

The writ petition is dismissed.

Respondent no.2 is directed to dispose of the appeal filed by the petitioner within a period of two months from the date of receipt of copy of this order. Respondents are directed not to take coercive steps till passing of the order by the second respondent.

Sd/- (ASHOK S.KINAGI) JUDGE

NP List No.: 1 Sl No.: 33

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 26019 OF 2026 (EDN-REG) BETWEEN: 1. AMZAD PASHA S/O MOHAMMED BUDIAN, AGED ABOUT 60 YEARS, SECRETARY, SUBHASH EDUCATION SOCIETY, TIPPU STREET, SAFDARIABAD MOHALLA, MANDYA-571 401 (SOCIETY REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT, 1960) … PETITIONER (BY SRI. SRINIVASA K., ADVOCATE) AND: 1. THE ADDITIONAL CHIEF SECRETARY (PRIMARY AND HIGH SCHOOL) DEPARTMENT OF EDUCATION, M.S. BUILDING, BANGALORE-560 001 2. THE DIRECTOR (PRIMARY EDUCATION) DEPARTMENT OF PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD, K.R.CIRCLE, BANGALORE-560 001 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, DEPARTMENT OF SCHOOL EDUCATION AND Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA LITERACY, MANDYA DISTRICT, MANDYA- 571 401 4. THE BLOCK EDUCATION OFFICER, SOUTH RANGE, DEPARTMENT OF EDUCATION, MANDYA - 571401 … RESPONDENTS (BY SRI. SKANDA R.K. RAO, AGA FOR SMT. RASHMI RAO, HCGP FOR R1 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) SET ASIDE THE