- 1 - NC: 2025:KHC-D:3128 WP No. 101735 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.101735 OF 2016 (S-RES) BETWEEN: RAGHAVENDRA KESHAV BHAT, AGE: 40 YEARS, OCC: TEACHER IN SANKRIT AT AND PO: KADATOKA, TQ: HONNAVAR, UTTAR KANNADA – 581 338. …PETITIONER (BY SRI SUBHASH J. BADDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPT. OF PRIMARY AND SECONDARY EDUCATION, M.S. BUILDING, BENGALURE – 560 001. 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, RODDA ROAD, DHARWAD. 3. THE DIRECTOR FOR PUBLIC INSTRUCTIONS, OFFICE AT COMMISSIONER FOR PUBLIC INSTRUCTIONS, KARWAR, UTTAR KANNADA. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.02.18 11:21:52 +0530 - 2 - NC: 2025:KHC-D:3128 WP No. 101735 of 2016 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, KARWAR, UTTAR KANNADA. 5. THE BLOCK EDUCATION OFFICER, HONNAVAR, UTTAR KANNADA. 6. THE PRESIDENT, RURAL EDUCATION SOCIETY HALDIPUR, HONNAPUR, UTTAR KANNADA – 581 327. 7. THE PRINCIPAL, R.E.S. HIGH SECONDARY EDUCATION HALDIPUR, HONNAPUR, UTTAR KANNADA – 581 327. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA FOR R1 TO R5; SRI J.S.SHETTY, 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 IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTING OR DIRECTING THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER IN ACCORDANCE WITH LAW ADN TO INTIMATE THE RESULT OF THE SAME TO THE PETITIONER. CONSEQUENTLY DIRECT THE SIXTH RESPONDENT TO REINSTATE THE PETITIONER IN SERVICE AND DIRECT THE RESPONDENTS APPROVE SANSKRIT SUBJECT AND THE APPOINTMENT OF THE PETITIONER AS A SANSKRIT TEACHER AND REGULARIZE HIS SERVICE WITH EFFECT FROM 18.06.2001 AND GIVE TO THE PETITIONER THE REGULAR PAY SCALE PAYABLE TO THE SANSKRIT TEACHER APPOINTMENT ON REGULAR BASIS WITH EFFECT FROM 18.06.2001 AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HARING B GROUP, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: - 3 - NC: 2025:KHC-D:3128 WP No. 101735 of 2016 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “i) Issue a writ in the nature of mandamus or any other appropriate writ or order or direction directing the respondents to consider the case of the petitioner in accordance with law and to intimate the result of the same to the petitioner; ii) Consequently direct the sixth respondent to reinstate the petitioner in service and direct the respondents to approve the Sanskrit subject and the appointment of the petitioner as a Sanskrit teacher and regularize his services with effect from 18.06.2001 and give to the petitioner the regular pay scale payable to the Sanskrit teacher appointed on regular basis with effect from 18.06.2001; and iii) Pass any other order or direction as this Hon’ble Court deems fit and proper.” 2. The petitioner is appointed as a Sanskrit Teacher in the 7th respondent Institution run by 6th respondent in the year 2001. It is the case of the petitioner that, since 2001 he was in continuous employment as a Sanskrit Teacher upto 03.06.2015, day - 4 - NC: 2025:KHC-D:3128 WP No. 101735 of 2016 on which the petitioner was directed not to come to work without any intimation or passing an order of termination. The petitioner then represents on 04.12.2015 to consider his claim consider is claim, approve his appointment and grant all consequential benefits including him to be bought under the ambit of grants from the hands of the State. The non-consideration of the said representation has driven the petitioner to this Court in the subject petition. 3. Learned counsel Shri J.S. Shetty appearing for respondent Nos.6 and 7 submits that petitioner’s appointment was never approved, it is he seeking approval by way of the subject representation and therefore his representation has to be considered by the respondent - State for creation of the post or approval of his appointment as the case would be. The representation of the petitioner reads as follows: “Dear Sir, I, Raghavendra S/o. Keshav Bhat most humbly requesting you as under; - 5 - NC: 2025:KHC-D:3128 WP No. 101735 of 2016 1. The Rural Education Society, Haldipur is a society registered under the provisions of the Karnataka Societies Act. It is established in 1951 with a view to impart quality education to its students. The Education Department has recognized the school. 2. I am appointed as Sankrit teacher for full time by 1st and 2nd of you after comply all the formalities. From 19.06.2001 till June-15, I have regularly been part of teaching staff of R.E.S Education Society, Haldipur. Ever since of my appointment. I have rendered an unblemished service and risen to the occasion. You no 1 and 2 are recognized my service as beat teacher and appreciated me on time to time. 3. During the period of my service, you no. 1 and 2 have nominated me to participate in the training center in no. of occasions conducted by the Government of Karnataka. 4. Since 2001, I am teaching the Sankrit subject being the student in the school and having good result of passing. That being the case, for the academic year 2015, you no. 1 and 2 not permitted me to appeared and attend the school and forced me to out from the school and not allowed me to sigh on the master roll i.e. attendance book. You no.1 and 2 have not bothered to heard my words. Hence I am mentally been depressed and harassed. 5. Hence I am requesting all of you, kindly considered my educational qualification and service rendered with the Society, regularize my service as I am continuously completed my service for a period of more than 10 years in accordance with the law and also to promote the sankrit language as it is an ancient language. - 6 - NC: 2025:KHC-D:3128 WP No. 101735 of 2016 If you require any further clarification, or any other details, please put us on notice. We will be glad to clarify and or furnish, such details”. 4. The representation is clear that he has been working from 2001 upto 2015 for 14 long years and has not allowed to sign the muster roll from the month of June-2015. His claim is that, he has continuously worked against the vacant sanctioned post for more than 14 years and his appointment needs to be approved and grant needs to be considered. Non-consideration of which the petitioner was before this Court immediately. Eight years have passed by and the matter is pending at the hands of this Court. Therefore, the State shall now consider the representation submitted by the petitioner as quoted herein above for the purpose for which it is submitted and pass necessary orders in accordance with law. The State is at liberty to solicit any document at the hands of the management or the petitioner for the purpose of meaningful consideration of the representation. The decision taken be communicated to - 7 - NC: 2025:KHC-D:3128 WP No. 101735 of 2016 the petitioner by the State. The representation should shall merit consideration within an outer limit of twelve weeks from the date of receipt of a copy of this order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 5