- 1 - NC: 2025:KHC:3816 WP No. 47041 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 47041 OF 2013 (S-REG) BETWEEN: SMT. KUSUM W/O SRI. MADAPPA, AGED ABOUT 37 YEARS, R/AT NEAR MAHADEVAPURA TEMPLE, HUDIKERI, S. KODAGU 571 218. …PETITIONER (BY SMT. V. LAKSHMI NARAYANA, SENIOR COUNSEL FOR SMT. SHILPA RANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, EDUCATION DEPARTMENT, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE COMMISSIONER PRE-UNIVERSITY EDUCATION DEPARTMENT, 18TH CROSS, MALLESWARAM, BANGALORE-560 003. 3. THE DIRECTOR, PRE-UNIVERSITY EDUCATION DEPARTMENT, 18TH CROSS, MALLESWARAM, BANGALORE-560 003 Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3816 WP No. 47041 of 2013 4. CAUVERY EDUCATION SOCIETY (R), REPRESENTED BY ITS CHAIRMAN, VIDYANAGAR, GONIKOPPAL-571 213 KODAGU DISTRICT. 5. CAUVERY PRE-UNIVERSITY COLLEGE, REPRESENTED BY ITS PRINCIPAL, VIRAJPET, SOUTH KODAGU 571 218. 6. A.M. DINA W/O P.M. SOMAIAH, GUYYA VILLAGE AND POST, SIDDAPURA, KODAGU DISTRICT - 571 253. …RESPONDENTS (BY SMT. PRATHIBHA R.K., AGA FOR R1 TO R3; SMT. P.C. VINITHA, ADVOCATE FOR SRI. T.A. KARUMBAIAH, ADVOCATE PROPOSED R6 IN IA 1/2018; R4 AND R5 ARE SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO REGULARIZE THE SERVICES OF THE PETITIONER UPON COMPLETION OF 10 YEARS OF SERVICE AND DIRECT THE RESPONDENTS TO GRANT SERVICE WEIGHTAGE IN ACCORDANCE WITH THE JUDGEMENT RENDERED BY THIS HON'BLE COURT IN W.P.NO.21165/92 DISPOSED OF ON 28.9.1994 AND ALSO JUDGEMENT OF THE HON'BLE SUPREME COURT IN (2010) SCC 179 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:3816 WP No. 47041 of 2013 ORAL ORDER Heard Sri. V.Lakshminarayana, learned Senior Counsel for Smt.Shilpa Rani, learned counsel for the petitioner and Smt.Prathibha.R.K., learned Additional Government Advocate for respondent Nos.1 to 3 as well as Smt. P.C.Vinitha, learned counsel for Sri. T.A.Karumbaiah, learned counsel for proposed respondent No.6. Perused the writ petition papers. 2. The petitioner claiming to be working as Lecturer in English in the 5th respondent-College, is before this Court under Article 226 of the Constitution of India, praying for a direction to respondent Nos.1 to 3 to regularize her services upon completion of ten years of service and direct the respondents to grant service weightage in accordance with the judgment rendered by this Court in W.P.No.21165/92 disposed of on 28.09.1994 and also judgment of the Hon'ble Apex Court in the case of Satya Prakash and Others v. State of Bihar and Others reported in (2010) 4 SCC 179. 3. Learned Senior Counsel for the petitioner would submit that the petitioner was appointed as Lecturer by appointment order dated 16.06.2000 and she is working since - 4 - NC: 2025:KHC:3816 WP No. 47041 of 2013 then in the 5th respondent-College. She has put in more than 13 years service as on the date of filing the writ petition. He further submits that as on this date, the petitioner has put in more than 23 years of service. The petitioner has requisite qualification and she would be entitled for absorption or regularization as Lecturer in English in the 5th respondent- College. 4. Per contra, learned counsel Smt.P.C.Vinitha for respondent No.6 would submit that respondent No.6 is working as Lecturer in English since June-1999 in the 5th respondent- College and she had approached this Court in W.P.No.42847/2018 and this Court by order dated 19.09.2024 directed the Authorities to consider her case for absorption into a permanent position in accordance with the applicable laws and regulations. 5. On going through the writ petition papers, it is seen that for one post of Lecturer in English in the 5th respondent- College, both petitioner and respondent No.6 are claiming absorption/regularization. It is for respondent Nos.1 to 3- Authorities to consider the cases of the petitioner as well as - 5 - NC: 2025:KHC:3816 WP No. 47041 of 2013 respondent No.6 and pass appropriate order. This Court would not go into a question of fact, which is to be gone into and examined by the Official respondents. Hence, the following: ORDER 1. Respondent No.1 is directed to consider the cases of the petitioner as well as respondent No.6 for absorption/regularization and pass appropriate order in accordance with law; 2. Respondent Nos.4 and 5 are directed to forward the service particulars of the petitioner as well as respondent No.6 to respondent No.1 for consideration of their cases for absorption/regularization within two months from today. Thereafter, respondent No.1 is directed to consider and pass orders within another two months from the date of receipt of information from respondent Nos.4 and 5; 3. The case of respondent No.6 for absorption/regularization shall be considered along with the petitioner herein; - 6 - NC: 2025:KHC:3816 WP No. 47041 of 2013 4. Accordingly, writ petition stands disposed off. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 11