- 1 - HC-KAR NC: 2025:KHC:38914 WP No. 1622 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1622 OF 2024 (S-RES) BETWEEN: 1. SRI RAGHAVENDRA S S/O SANAPPA AGED ABOUT 41 YEARS RESIDING AT THANGALI AT POST KADUR TALUK, CHIKKAMAGALURU-577548. 2. MUMTAZ D.E. W/O MAHABOOB K AGED ABOUT 38 YEARS R/O GANESHNAGAR KHANAHOSHALLI POST BELLARY DISTRICT-583218. 3. MAHABOOBSAB K S/O KUTUMBAUDDIN @ KHAA AGED ABOUT 31 YEARS RESIDING AT GANESHNAGAR KHANAHOSAHALLI (POST) KUDALGI TALUK, BELLARY DISTRICT. 4. SRI. VEERESHA V S/O LEPNNA AGED ABOUT 40 YEARS RESIDING AT KAMMARACHED POST BELLARY DISTRICT. 5. MALLIKARJUNA A S/O DODDANAGOUDA AGED ABOUT 35 YEARS Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38914 WP No. 1622 of 2024 RESIDING AT DANNUR POST BELLARY DISTRICT. 6. MUTAGI CHANDRAPPA S/O ETTAPPA AGED ABOUT 40 YEARS 7. TANUJA N.D D/O NAGAPPA AGED ABOUT 43 YEARS RESIDING AT CHALUVARAJ SWAMI NILAYA GANAPATHI LAYOUT, II CROSS VIDYANAGAR, SHIMOGGA-577201. …PETITIONERS (BY SMT. MANJULA D.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF SOCIAL WELFARE M.S. BUILDING, BANGALORE-560001. 2. THE EXECUTIVE DIRECTOR/SECRETARY KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY 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 WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 20/09/2023 FILED BY THE PETITIONER WHICH IS PRODUCED AS ANNEXURE-Q ,Q1 TO Q4 AND FURTHER CONSIDER THE CASE OF THE PETITIONERS FOR APPOINTMENT TO WHICH - 3 - HC-KAR NC: 2025:KHC:38914 WP No. 1622 of 2024 THEY HAVE APPLIED IN THE SERVICES OF THE SCHOOLS RUN/CONTROLLED BY THE KARNATAKA RESIDENTIAL INSTITUTIONAL SOCIETY FROM THE DATE ON WHICH THE RESPONDENTS HAVE APPOINTED TEACHERS IN THE YEAR 2009/2012 WITH EFFECT FROM OCCURRENCE OF THE VACANCY OR WHICHEVER IS EARLIER AND GRANT THEM FIXATION OF PAY, ARREARS OF SALARY AND INCREMENTS AND ALL THE CONSEQUENTIAL BENEFITS 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 Article 226 of the Constitution of India, seeking the following relief: “(i) Issue a writ of mandamus or any other appropriate writ order or direction directing the respondents to consider representation dated 20.09.2023 filed by the petitioner which is produced as Annexures Q, Q1 to Q4 and further consider the case of the petitioners for appointment to which they have applied in the services of the schools run/controlled by the Karnataka residential Institutions Society from the date on which the respondents have appointed teachers in the year 2009-2012 with effect from occurrence of the vacancy or whichever is earlier and grant them fixation of pay, arrears of salary and increments - 4 - HC-KAR NC: 2025:KHC:38914 WP No. 1622 of 2024 and all the consequential benefits to meet the ends of justice. (ii) Issue a writ of mandamus or any other appropriate writ or direction directing the respondents to grant weightage of 5% for each academic years service irrespective of the date of appointment and proportionate weightage to the service which is less than one half the academic year and further consider the cases of petitioners for appointment to the posts to which petitioners have applied to meet the ends of justice.” 2. The first petitioner was appointed as a Principal at the Minority Residential School, Kadur on 22.07.2011 and served in the said school from the academic year 2011-12 to 2015-16. The second petitioner was appointed as an Assistant Teacher at MMRDS, Kudligi on 15.01.2009 and served in the said school from the academic year 2008-09 to 2016. The third petitioner was appointed as an Assistant Teacher at MMRDS, Kudligi on 01.06.2010 and served in the said school from the academic year 2010-11 to 2015-16. The fourth petitioner was appointed as an Assistant Teacher at MMRDS, Kudligi on 23.08.2012 and - 5 - HC-KAR NC: 2025:KHC:38914 WP No. 1622 of 2024 served in the said school from the academic year 2012-13 to 2015-16. The fifth petitioner was appointed as a P.E. Teacher at Gandhi Tatva Adaritha Balakara Vasathi School, Bellary on 12.06.2009 and served in the said school from the academic year 2010-11 to 2011-12. The sixth petitioner was appointed as a P.E. Teacher at the same school on 01.06.2010 and served from the academic year 2009-10 to 2010-11. The seventh petitioner was appointed as a Social Teacher at the Murarji Desai Residential School, Hanagal on 05.09.2009 and served in the said school from the academic year 2009-10 to 2013- 17. 3. The learned counsel for the petitioners submits that a similar issue has been considered by this Court in W.P.Nos.8113-8131/2015 and connected matters, disposed of on 22.10.2019 (Annexure-N). Therefore, the petitioners are entitled to service weightage. However, the respondents have not extended the said benefit to the petitioners. - 6 - HC-KAR NC: 2025:KHC:38914 WP No. 1622 of 2024 4. The learned counsel for the respondents submits that appeals have been filed against the order passed by this Court in W.P. Nos. 8113-8131/2015 and connected matters in W.A. No. 360/2020 and connected cases. Since the writ appeals were pending, the request of the petitioners was not considered. Now, by order dated 19.07.2023, the writ appeals have been dismissed, and the order passed by the learned Single Judge has been confirmed by the Division Bench. 5. In view of the above, the following order is passed: (i) The writ petition stands disposed of. (ii) Liberty is reserved to the petitioners to submit additional representations. (iii) If such representations are submitted, the second respondent is directed to consider the same, keeping in view the order passed by this Court in W.P. - 7 - HC-KAR NC: 2025:KHC:38914 WP No. 1622 of 2024 Nos. 8113-8131/2015 and connected matters, as confirmed by the Division Bench in W.A. No. 360/2020, as expeditiously as possible and in any event, not later than three months from the date of receipt of a copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 77