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2025 DAILYLAW 40202 (KAR)

SMT TANUJA R v. THE STATE OF KARNATAKA

WP/36352/2024 · 2025-09-02

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34355 WP No. 36352 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 36352 OF 2024 (S-RES) BETWEEN: 1. SMT TANUJA R W/O RAMESH M N, AGED ABOUT 45 YEARS, R/AT MENASEGERE VILLAGE, MADDUR TALUK, MANDYA DISTRICT, KARNATAKA 571422. .. PETITIONER (BY SRI. ASHOKA T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF SOCIAL WELFARE, VIKASA SOUDHA, BANGALORE 560001. 2. KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY REP BY THE EXECUTIVE DIRECTOR, CO OPERATIVE BOARD BUILDING, 6TH AND 7TH FLOOR, NEAR CHANDRIKA HOTEL CUNNINGHAM ROAD, BANGALORE 560001. ..RESPONDENTS (BY SRI. VIKAS R, AGA FOR R1: SRI. SIDHARTH BABU RAO, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO COMPLY WITH THE ORDER DATED- 04.10.2023 IN WP. NO. 4090/2021 VIDE ANNEXURE-A AND ISSUE THE NECESSARY APPOINTMENT ORDER TO THE PETITIONER IN MORARJI DESAI RESIDENTIAL SCHOOL, K HONNALAGERE, MADDUR TALUK, MANDYA Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34355 WP No. 36352 of 2024 DISTRICT AS A COMPUTER TEACHER IN TIME BOUND MANNER AND PASS NECESSARY ORDERS 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 H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, seeking the following relief: “Issue a writ of mandamus directing the respondents to comply with the order dated 04.10.2023 in W.P.No.4090/2021 vide Annexure-A and issue the necessary appointment order to the petitioner in Morarji Desai Residential School, K.Honnalagere, Maddur Taluk, Mandya District as a computer teacher in time bound manner and pass necessary orders in the interest of justice and equity.” 2. The case of the petitioner is that, the institution to which she was appointed was established only in the month of August 2009 and she was appointed on 01.08.2009 and as a consequence, by virtue of rendering two years of service for two academic years, she would be entitled to a weightage of 10% as ordered by this Court. - 3 - HC-KAR NC: 2025:KHC:34355 WP No. 36352 of 2024 3. It is also the case of the petitioner that she has secured 55.26%, whereas the cut off was 56%. It is contended that while considering the percentage of the petitioner, due weightage, as ordered by this Court, was not taken into consideration and as a consequence, she has lost the 10% weightage. It is submitted that if the petitioner is granted 10% weightage for the two years of service rendered by her for two academic years, her percentage would become 56.26% and it is, therefore, above the cut off percentage and that she is eligible for appointment. Hence, she approached this Court by filing a writ petition in W.P.No.4090/2021. This Court, by order dated 04.10.2023 directed the second respondent to consider the representation of the petitioner. Since no order has been passed pursuant to the directions issued by this Court, the petitioner is before this Court. 4. The learned Counsel appearing for the second respondent submits that, if the petitioner submits all the - 4 - HC-KAR NC: 2025:KHC:34355 WP No. 36352 of 2024 relevant records with additional representation, her case would be considered in accordance with law. 5. In view of the above, without expressing any opinion on the merits of the case, the petitioner is at liberty to furnish additional representation, enclosing all the relevant records, to the second respondent, within two weeks from the date of receipt of a copy of this order. The second respondent is directed to consider the said additional representation and pass appropriate orders, in accordance with law, as expeditiously as possible, not later than two months from the date of submission of the additional representation by the petitioner. 6. With the above observations, the writ petition stands disposed of. Sri Sidharth Babu Rao, learned counsel is permitted to file vakalath within two weeks. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM/-