Display School Name In SSLC Certificate Issued To Students: Karnataka High Court To State

Eight schools—Shanti Nikethan High School, Modern Education Society, Brilliant High School, Johnson Primary and High School, New Christ Convent, Motherland English High School and S N English School had approached the court questioning the government circular which directs them to mandatorily apply for renewal of recognition annually.

The petitioners are educational institutions running schools having classes from Standard I to X. The case of the petitioners is that by a circular dated 2-11-2006, they were granted permanent recognition. Ever since then, they have been running institutions and the students, who have studied in their Schools, are appearing for examinations without any objection from the respondents. Most importantly, the petitioner's Schools are having examination centres for S.S.L.C examination in their Schools itself.

Further, it was said by another Circular dated 22-3-2022 the earlier Circular dated 2-11-2006 has been withdrawn. It is specifically informed in Circular dated 22-3-2022 that they have to mandatorily apply for renewal of their recognition. On account of circular dated 22-3-2022, the students who have studied Standard X in their Schools had to attend examinations in other centers. The Students who have attended recent S.S.L.C examinations would be issued S.S.L.C Certificates without disclosing the same that they have studied in the petitioners' Schools and that would result in loss of reputation to them.

During the hearing the petitioners limited their prayer seeking a direction to respondents to show in the marks card of the students that they have studied in respective petitioners' Schools.

Government opposed the plea:

It was submitted that even though in earlier Circular dated 2-11-2006 (Annexure-H), it is stated that the petitioners and other Schools were granted permanent recognition, such grant of permanent recognition has not been contemplated in the relevant laws. It is submitted that on account of the same, Circular dated 2-11-2006 was withdrawn by the latest Circular dated 22-3-2022 (Annexure-F) and therefore, the petitioners are not entitled to any relief.

He further submitted that the petitioners should apply for a fresh recognition after satisfying the respondents that they have complied with the requirements including fire safety norms as well as satisfying the requirements under the national building code as directed by the Supreme Court in Avinash Mehrotra v. Union of India & Ors., (2009) 6 SCC 398.

Court findings:

The bench said,

"A perusal of the various Circulars produced herein makes it abundantly clear that the petitioners and similarly situated Schools were granted permanent recognition by the respondents. The petitioners and similarly situated Schools had all continued on the said assurance of the respondents and admitted students to the Schools and the students have taken up S.S.L.C. examination in their Schools. Even for the academic year 2021-2022, the students in the petitioners Schools had all attended classes on the assurance that the petitioners Schools had recognition for the academic year 2021-2022."

The court clarified that with regard to rest of the petitioners' prayers, it goes without saying that they have to apply afresh after fulfilling other requirements as required under the Karnataka Education Act, 1983, and also as per the Government notifications applicable to grant of recognition.

Case Title: Shanthi Nikethan High Court v other v. State of Karnataka

Case No: WP 6532/2022

Citation: 2022 LiveLaw (Kar) 131

Date of Order: April 13, 2022

Appearance: Advocate G R Mohan for petitioners

AGA B V Krishna for R1 to R5

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