- 1 - NC: 2025:KHC:12891 WP No. 19899 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 19899 OF 2021 (S-RES) BETWEEN: SRI. K. BASAVARAJ S/O GONAPPA, AGED ABOUT 52 YEARS, WORKING AS ASSISTANT TEACHER SAMATHA HIGHER PRIMARY SCHOOL, JAGALUR TALUK, DAVANAGERE DISTRICT. …PETITIONER (BY SRI. KRUPESH M.D., ADVOCATE FOR SRI. PADMANABHA R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, M.S. BUILDING, BANGALORE-560001 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD, BANGALORE-560001. 3. THE DIRECTOR FOR PUBLIC INSTRUCTIONS (PRIMARY EDUCATION), OFFICE AT COMMISSIONER FOR PUBLIC INSTRUCTIONS, NRUPATHUNGA ROAD, BANGALORE-560001. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12891 WP No. 19899 of 2021 4. THE DEPUTY DIRECTOR FOR PUBLIC INSTRUCTIONS DAVANAGERE DISTRICT, DAVANAGERE-577001. 5. THE BLOCK EDUCATION OFFICER JAGALUR TALUK, DAVANAGERE DISTRICT-577528. 6. SECRETARY, SRI. RAGHAVENDRA EDUCATIONAL SOCIETY (R) TAITONI, HIREMALLANA POST, JAGALURU TALUK, DAVANAGERE DISTRICT-577528. …RESPONDENTS (BY SRI. JAYALINGAYYA MUDENOORMATH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS.1 TO 4 TO ADMIT THE PETITIONER'S APPOINTMENT FOR SALARY GRANT FROM THE DATE OF ENTRY INTO SERVICE IN VIEW OF THE ORDER BEARING NO.ED105 PMC 2006 DATED 16.12.2006 ADMITTING THE APPOINTMENTS OF THE TEACHING AND NON-TEACHING STAFF OF THE VERY SAME SCHOOL TO SALARY GRANT VIDE ANNEXURE-B AND ALSO IN VIEW OF THE FACTS THAT THE RESPONDENT NOS.4 AND 5 HAVE ALSO RECOMMENDED THE CASE OF PETITIONER FOR ADMITTING HIS APPOINTMENT FOR SALARY GRANT VIDE ANNEXURE-C AND D AND GRANT ALL THE CONSEQUENTIAL BENEFITS FLOWING THEREOF INCLUDING ARREARS OF SALARY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ - 3 - NC: 2025:KHC:12891 WP No. 19899 of 2021 ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to direct the respondent Nos.1 to 4 to admit his appointment for salary grant from the date of entry into service in view of the order bearing No.ED-105-PMC-2006 dated 16.12.2006 admitting the appointments of the teaching and non-teaching staff of the very same school to the salary grant and also in view of the fact that respondent Nos.4 and 5 had recommended the case of the petitioner for admitting to salary grant. He has also sought for a direction to respondent Nos.1 to 4 to implement Section 23(3) of the Right of Children to Free and Compulsory Education Act, 2009 and Rule 20(3) of the Right of Children to Free and Compulsory Education Rules, 2010. 2. The petitioner contends that he was appointed as an Assistant Teacher on 01.06.2001 at the respondent No.6 and was posted to work at Samatha Higher Primary School, Jagaluru Taluk, Davanagere District. The appointment of the petitioner was approved by respondent No.4 on 29.03.2005. The respondent No.6 forwarded a proposal to admit the appointment of teaching and non-teaching staff at Samatha - 4 - NC: 2025:KHC:12891 WP No. 19899 of 2021 Higher Primary School for salary grant including the petitioner. The respondent No.1 in terms of an order dated 16.12.2006 admitted the teaching and non-teaching staff of Samatha Higher Primary School, Jagaluru Taluk, Davanagere District for grant in aid. However, the name of the petitioner was not included in the said Government Order. The petitioner made several requests to admit his appointment for salary grant, which were not considered. Thereafter, based on the request of the petitioner, respondent No.5 addressed a communication dated 21.11.2013 to respondent No.4 recommending the name of the petitioner for salary grant. Similarly, respondent No.4 by a communication dated 16.12.2013 recommended to respondent No.3 to admit the appointment of the petitioner for salary grant. The petitioner contends that despite these recommendations, the respondents have not taken any steps to admit his appointment for salary grant. Therefore, he made a representation to the respondent Nos.1 to 4 again renewing his request for admitting his appointment for salary grant. The petitioner contends that inspite of the recommendations, as stated above and the representation as mentioned above, his request was not considered. The petitioner is therefore, before - 5 - NC: 2025:KHC:12891 WP No. 19899 of 2021 this Court for a direction to the respondents to admit his appointment to salary grant. 3. The learned counsel for the petitioner reiterated the above contentions and contended that the petitioner is teaching primary school students who are aged 6 to 14 years and therefore, it is the obligation on the part of the State Government under Section 23(3) of the Right of Children to Free and Compulsory Education Act, 2009, to grant salary and allowances as per the terms and conditions prescribed. He has also relied upon the Rule 20(3) of the Right of Children to Free and Compulsory Education Rules, 2010 contending that the scales of pay and allowances and other benefits of teachers shall be on par with the other teachers in other institutions. He therefore, contends that the respondents are bound to be directed to admit the appointment of the petitioner for salary grant. 4. The writ petition is contested by the respondent Nos.1 to 5. It is stated that the petitioner was appointed by the respondent No.6 and that at the time of grant-in-aid, there was a shortage in the student's strength in the school and hence, - 6 - NC: 2025:KHC:12891 WP No. 19899 of 2021 the name of the petitioner was withheld for grant and other teachers, who were eligible were admitted to grant. It is contended that the respondent Nos.1 to 5 have not appointed the petitioner and that respondent No.6 is alone liable to pay the salary and other benefits to the petitioner. It is also claimed that due to low students-teacher ratio, the petitioner was not admitted to salary grant. It is therefore contended that the petitioner is not entitled to any reliefs. 5. The learned Additional Government Advocate for respondent Nos.1 to 5 reiterated the above contentions. 6. I have considered the submissions of the learned counsel for the petitioner as well as the learned Additional Government Advocate for respondent Nos.1 to 5. 7. The petitioner has claimed that he joined the respondent No.6 on 01.06.2001 as an Assistant Teacher. It appears that the appointment of the petitioner was approved by respondent No.4 on 29.03.2005. It also appears that the institution established by the respondent No.6 namely, Samatha Higher Primary School was admitted to grant and the teaching and non-teaching staff were also admitted to grant as - 7 - NC: 2025:KHC:12891 WP No. 19899 of 2021 per the order dated 16.12.2006. It is not known why the petitioner was left out of the said benefit. It appears that the respondent No.5 after coming to know of the need to admit the appointment of the petitioner to salary grant, furnished particulars of the petitioner to the respondent No.4 in terms of the communication dated 21.11.2013. In turn, respondent No.4 addressed a communication dated 16.12.2013 to respondent No.3 recommending the name of the petitioner for admitting to salary grant. From the year 2013, the petitioner has been filing unending representations before the official respondents. In similar circumstances, a Co-ordinate Bench of this Court in W.P.No.1395/2019 had held that the respondents are bound to consider the request of the petitioner therein to admit him for salary grant. 8. In view of the above, this writ petition is disposed off directing the respondent Nos.1 to 5 to consider the case of the petitioner for salary grant. It is needless to mention that the respondent Nos.1 to 5 while doing so, shall consider all parameters to assess whether the appointment of the petitioner has to be admitted to salary grant. This shall be complied - 8 - NC: 2025:KHC:12891 WP No. 19899 of 2021 within a period of three months from the date of receipt of a certified copy of this Order. 9. In order to ensure compliance of the above, list this petition on 27.06.2025. Sd/- (R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 32