SAINATH CHANSHETTY v. THE STATE OF KARNATAKA AND ORS
WP/201841/2024 · 2025-06-04
M I Arun
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11067 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11067 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-K:2837 WP No. 201841 of 2024
IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO.201841 OF 2024 (S-RES) BETWEEN:
SAINATH V. CHANSHETTY S/O VEERSHETTY CHANSHETTY, AGED ABOUT 34 YEARS, OCC:NIL, R/O H.NO. 9-8-472, KALIDAS NAGAR, BIBI COLLEGE ROAD, BIDAR-585401.
…PETITIONER
(BY SRI. RAVI B. PATIL, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, THROUGH ITS SECRETARY, DEPARTMENT OF PRE UNIVERSITY, M.S. BUILDING, BENGALURU-01.
2.
THE DIRECTOR OF COLLEGIATE EDUCATION DEPARTMENT OF COLLEGIATE EDUCATION, 18TH CROSS, MALLESHWARAM, BENGALURU-560012.
3.
THE COMMISSIONER, DEPARTMENT OF PUBLIC EDUCATION, NEAR AIWAN-E-SHAHI, KALABURAGI-585102.
Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-K:2837 WP No. 201841 of 2024
4.
THE DEPUTY DIRECTOR, DEPARTMENT OF PRE UNIVERSITY EDUCATION, SHARADA SANKIRNA, SHIVANAGAR, BIDAR-585401.
5.
THE BLOCK EDUCATION OFFICER, BEO OFFICE, BIDAR-585401.
6.
BASAVATATWA EDUCATION SOCIETY, BIBI COLLEGE ROAD, BIDAR, REPRESENTED BY ITS SECRETARY.
7.
THE PRINCIPAL LAXMIBAI KAMTHANE, HIGHER PRIMARY SCHOOL, VIDYANAGAR, BIDAR-585401.
…RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA FOR R1 TO R5;
SRI.KRUPA SAGAR PATIL, ADVOCATE FOR R6 AND R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 TO 5 TO CONSIDER THE CLAIM OF THE PETITIONER SEEKING APPOINTMENT ON COMPASSIONATE GROUND BY CONSIDERING THE APPLICATION SUBMITTED DATED 28.09.2018 AS AT ANNEXURE-C WITHIN SUCH STIPULATED TIME AS THIS HON’BLE COURT DEEMS FIT, IN THE CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
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HC-KAR NC: 2025:KHC-K:2837 WP No. 201841 of 2024
ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN)
Respondent No.7-School which is run by respondent No.6-Society is admitted to grant-in-aid. Late mother of the petitioner was said to have been a Headmistress of respondent No.7-School and her post was admitted to grant-in-aid. She has died in harness. The petitioner is claiming appointment on compassionate ground to the post of Second Division Assistant. As no action has been taken so far, the present writ petition is filed with the following prayers. a) Issue a writ of mandamus directing the respondents No.2 to 5 to consider the claim of the petitioner seeking appointment on compassionate ground by considering the application submitted dated 28.09.2018 as at Annexure-C within such stipulated time as this Hon’ble Court deems fit, in the circumstances of the case. b) Pass such other order/orders, directions as this Hon’ble Court deems fit in the
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HC-KAR NC: 2025:KHC-K:2837 WP No. 201841 of 2024
circumstances of the case, in the interest of justice and equity.
2.
Learned counsel appearing for respondent Nos.6 and 7 submits that the petitioner is entitled for being appointed on compassionate grounds and they have sent the necessary recommendation to the State and the State is required to consider the same in accordance with law and accord necessary permission to the respondent No.7-School to appoint the petitioner.
3. Learned Additional Government Advocate upon instructions submits that the request of the petitioner and the recommendation of respondent Nos.6 and 7 are being considered and an appropriate decision will be taken in accordance with law.
4. Hence, the following:
ORDER Respondent No.2 is directed to consider the request of the petitioner and take appropriate decision in
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HC-KAR NC: 2025:KHC-K:2837 WP No. 201841 of 2024
accordance with law within a period of three months from the date of receipt of certified copy of this order. Accordingly, the writ petition is disposed of.
Sd/- (M.I.ARUN) JUDGE
VNR List No.: 1 Sl No.: 62 CT:SI