RASHTROTTHANA PARISHAT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed seeking for declaration that condition of 'providing copies of Audit Reports for the previous 3 years' as provided in Clause (vi) of Column 3 of Form-I of the Karnataka Educational Institutions (Issue of No Objection Certificate and Control) Rules, 2022, as not mandatory for issuance of No Objection Certificate. Petitioner has also sought for issuance of mandamus to direct the respondents to consider the representation of the petitioner dtd. 20/5/2024 for grant of No Objection Certificate for affiliation to CBSE without insisting for filing of audit report for the last 3 years.

(2.) It is the case of the petitioner that the petitioner 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 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.