SHREE GANGADHARESHWARA EDUCATIONAL TRUST Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned writ petition is filed by petitioner - Trust seeking for following reliefs.

(2.) Facts leading to the case are as under: The petitioner - Trust claimed that it was established with an objective of providing educational, social, philanthropic related services. The petitioner - Trust has established a school under the name "National Public School" Sarjapur Road and is presently running a school with 1300 students from class Nursery to 8th Standard. The Authorities have issued registration certificate for establishing a school and have also issued First Recognition Certificate.

(3.) The petitioner intends to get affiliation to CBSE Board and therefore, in order to obtain NOC from State Government, which is pre-requisite condition, submitted an application along with all requisite documents. However, petitioner - Trust failed to upload application along with requisite documents seeking NOC Certificate as Trust did not possess audit report of school for the previous three years. Petitioner - Trust claims that as the school was established in the year 2022, question of furnishing audit report of previous three years may not apply to the present institution and therefore, captioned writ petition is filed to dispense production of audit report of previous three years as indicated in clause vi, column 3 of Form I of the Karnataka Educational Institutions (Issue of No Objection Certificate and control) Rules, 2022 vide Annexure - H issued by the respondent No.1 - State. A mandamus is also sought to direct respondents to issue NOC to the petitioner - Trust without insisting on filing audit report of previous three years.