- 1 - NC: 2025:KHC:4494 WP No. 356 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO.356 OF 2025 (S-RES) BETWEEN: SRI. B.S. MANJUNATH S/O LATE SIDDAPPA, AGED ABOUT 44 YEARS, WORKING AS LECTURER IN KANNADA, B.T.L. PRE UNIVERSITY COLLEGE (ASO-84) HOSUR ROAD, BANGALORE-560 099 R/AT C/O PILLA REDDY, NO.448, BEHIND NARAYANA COLLEGE, CHANDRAPURA, BANGALORE-560 099 …PETITIONER (BY SMT. B.V. VIDYULATHA, ADVOCATE) AND: 1. STATE OF KARNATAKA, EDUCATION DEPARTMENT, M.S. BUILDINGS, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560 001 REP. BY ITS SECRETARY. 2. DIRECTOR, PRE-UNIVERSITY BOARD, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4494 WP No. 356 of 2025 18TH CROSS, SAMPIGE ROAD, MALLESHWARAM, BANGALORE-560 055 3. DEPUTY DIRECTOR, PRE-UNIVERSITY COLLEGE, OFFICE OF THE DIRECTOR, SAMPIGE ROAD, MALLESHWARAM, BANGALORE-560 055 4. B.T.L. EDUCATIONAL TRUST FOR RURAL DEVELOPMENT, NO.259/B, BOMMASANDRA INDUSTRIAL AREA, HOSUR ROAD, BANGALORE-560 099, BY ITS CHAIRMAN. 5. KANTHARAJ K., AGED ABOUT 50 YEARS, PRESENTLY KANNADA LECTURER, BTL P.U. COLLEGE, BOMMASANDRA, HOSUR ROAD, BANGALORE-560 099 …RESPONDENTS (BY SRI. SHIVAPRABHU HIREMATH, AGA FOR 1 TO 3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE ENDORSEMENT ORDER DATED 20/08/2022 ISSUED BY THE R2 BEARING NO. SANKEY.PAPUSHIE/SIBBANDI-3-AS- 054/RI.P.SAM.4130/2021-22 AT ANNEXURE-V TO THE PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:4494 WP No. 356 of 2025 ORAL ORDER The petitioner working in respondent No.4-Educational Institution, is before this Court under Article 226 of the Constitution of India, questioning Endorsement bearing No.¥À¥ÀƲE/¹§âA¢-3/JJ¸ï-054/j.¦.¸ÀA.4130/2021-22 dated 20.08.2022 (Annexure-V) by which the request to approve the petitioner's appointment as Kannada Lecturer is rejected and the petitioner has also challenged Official Memorandum bearing No. ±Á²E(¥À.¥ÀÆ)/G¤-JJ¸ï/G.¤AiÉÆÃd£É/2024-25 dated 07.08.2024 (Annexure-Z), wherein respondent No.5 is posted as Kannada Lecture to respondent No.4-Educational Institution. 2. Heard Smt.B.V.Vidyulatha, learned counsel for the petitioner and learned Additional Government Advocate for respondent Nos.1 to 3. Perused the writ petition papers. 3. A perusal of Annexure-B indicates that the appointment of the petitioner as Kannada Lecturer in respondent No.4-Educational Institution was without the permission of Competent Authority and there is some - 4 - NC: 2025:KHC:4494 WP No. 356 of 2025 restriction to approve the appointment of the petitioner, which requires examination of factual aspects. 4. Section 130 of the Karnataka Education Act, 1983 (for short '1983 Act') provides appeal remedy to the petitioner. When alternate remedy is available to the petitioner, this Court normally would not entertain the writ petition under Article 226 of the Constitution of India. 5. When the petitioner is provided with alternate remedy and when the matter requires examination of factual aspects, it is appropriate to relegate the petitioner to avail appeal remedy available under Section 130 of the 1983 Act. Accordingly, writ petition stands dispose of with liberty to the petitioner to avail appeal remedy. If such appeal is filed, I am sure that the Appellate Authority would dispose of the appeal within a reasonable time. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 28