- 1 - HC-KAR NC: 2025:KHC:52677-DB WA No. 1025 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 1025 OF 2024 (S-RES) BETWEEN: SRI. MAHENDRA C S/O LATE CHANDRA, AGED ABOUT 48 YEARS, PHYSICAL EDUCATION TEACHER, SUNTIKOPPANADU HIGH SCHOOL, KODAGARAHALLI, SOMWARPETE TALUK, KODAGU DISTRICT – 571 237. …APPELLANT (BY SRI. SRIKANTH M P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PRIMARY AND SECONDARY EDUCATION, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE – 560 001. 2. THE DEPUTY SECRETARY TO GOVERNMENT STATE OF KARNATAKA, PRIMARY AND SECONDARY EDUCATION, - 2 - HC-KAR NC: 2025:KHC:52677-DB WA No. 1025 of 2024 M S BUILDING, DR AMBEDKAR VEEDHI, BENGALURU – 560 001. 3. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS PRIMARY AND SECONDARY EDUCATION, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K R CIRCLE, BANGALORE – 560001. 4. THE DIRECTOR OF PUBLIC INSTRUCTIONS SECONDARY EDUCATION, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K R CIRCLE, BANGALORE – 560001. 5. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, MADIKERI, KODAGU DISTRICT – 571 237. 6. THE BLOCK EDUCATION OFFICER SOMWARPETE TALUK, KODAGU DISTRICT – 571 237. 7. KODAGARAHALLI EDUCATION SOCIETY KODAGARAHALLI, SUNTIKOPPANADU, SOMWARPETE TALUK, KODAGU DISTRICT – 571 237. REPRESENTED BY ITS SECRETARY. 8. THE HEAD MISTRESS SUNTIKOPPANADU HIGH SCHOOL, KODAGARAHALLI, SOMWARPETE TALUK, KODAGU DISTRICT – 571 237. - 3 - HC-KAR NC: 2025:KHC:52677-DB WA No. 1025 of 2024 9. SRI. BHIMAPPA ANNAPPA PATIL, S/O SRI ANNAPPA PATIL, AGED ABOUT 27 YEARS, R/AT AGRANI IRGALAGOAN, POST ATTIHALA, ATHANI TALUK, BELAGAVI DISTRICT – 591 304. …RESPONDENTS (BY SRI. SUDEV HEGDE, AGA FOR R1-R6; SRI. S.VIVEKANANDA, ADVOCATE FOR R7; SRI. H.R.SUNIL KUMAR, ADVOCATE FOR R9; R8 SERVED) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a) SET ASIDE THE ORDER DATED 10.11.2023 PASSED ON WRIT PETITION No.9095/2017 (S-RES), IN THE ENDS OF JUSTICE. b) PASS ANY ORDER OF CONSEQUENTIAL RELIEF OR ANY OTHER APPROPRIATE ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 4 - HC-KAR NC: 2025:KHC:52677-DB WA No. 1025 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present appeal has been filed impugning the judgment and order dated 10.11.2023 passed by the Learned Single Judge in WP.No.9095/2017 whereby the order dated 30.12.2016 passed in RP.No.140/2014 by the Deputy Secretary of Government of Karnataka, the revisisonal authority has been upheld. 2. The detailed brief facts are stated here under: 3. A notification was issued on 13.06.2014 calling for applications for the post of Physical Education Teacher in the School run by the respondent No.1, which is a government aided school. The petitioner/appellant was selected for the said post. An appointment order dated 01.09.204 was issued to him by the Management. Thereafter, the Management submitted a proposal seeking approval of the petitioner/appellant’s appointment, and an order granting approval was passed on 10.08.2015 in respect of the petitioner’s appointment. - 5 - HC-KAR NC: 2025:KHC:52677-DB WA No. 1025 of 2024 4. The appointment of the petitioner came to be challenge by the respondent No.9 by filing of the Revision petition under Section 131 of the Karnataka Education Act, 1983. The revisional authority on consideration of the petition and relevant rules particularly the Karnataka Educational Institution (Recruitment and Terms and Conditions of Service of Employment in Private Primary and Secondary Education Institutions Rules, 1999) set aside the appointment of the petitioner on the ground that the constitution of the committee was not as per Rule 6 of the said Rules, inasmuch as the selection committee consisted of seven members instead of four members without a subject expert, it was also held that the selection committee was permitted to allot only 15 marks to a candidate but the selection committee allotted 70 marks. 5. Rule 6 of the aforesaid rules which provides for composition of selection committee reads as under: - 6 - HC-KAR NC: 2025:KHC:52677-DB WA No. 1025 of 2024 “6. Accounting of deposit of institutions funds.- (1) All funds properties grants etc collected in the name of Institutions whether from the Government or the public or private individual shall be brought to account in the case book and financial statement of that institution and it shall be used for the purpose of which the funds were collected or donated. They shall not be used for any other purpose without approval of the competent authority. The school fees, grant from Government and their income shall be pooled together as institution’s funds. (2) Funds not required for immediate use shall be deposited in the Nationalised Bank referred to above on behalf of the institution and not in the name of any individual. Every institution shall maintain day to day accounts, registers and their records are at all times open to Inspection by the competent authority.” 6. Thus, the Rule 6 specifically provides that the selection committee is to consist of only 4 members including an expert of the subject. As the constitution of the selection committee was against the rules, whole selection got vitiated and the selection of the petitioner was nothing but an illegal exercise and void ab initio. 7. The learned counsel appearing for the management fairly submits that the selection committee was not properly constituted in accordance with the rules. - 7 - HC-KAR NC: 2025:KHC:52677-DB WA No. 1025 of 2024 We do not find that there is an error committed by the Revisional Authority or the order of the learned Single Judge requires us to interfere with. Therefore, we dismiss the appeal. The management shall be free to make fresh selection in accordance with the law. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE TIN List No.: 1 Sl No.: 21 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA