- 1 - HC-KAR NC: 2025:KHC-D:12117 WP No. 103054 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103054 OF 2023 (S-RES) BETWEEN: SRI. S.V. NIDONI WORKED AS A ASST. TEACHER, SINCE DEAD BY HIS LRS., SMT. JAYADEVI W/O. SRISHAIL NIDONI, AGE: 70 YEARS, R/O. GOKAK, DIST. BELAGAVI. …PETITIONER (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY. ITS PRINCIPAL SECRETARY, DEPT. OF LAW AND PARLIMENTARY AFFAIRS, VIDHANA SOUDHA, BENGALURU-560001. 2. THE STATE OF KARNATAKA R/BY. ITS PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION, (PRIMARY AND SECONDARY), M.S. BUILDING, BENGALURU-560001. 3. THE ADDL. COMMISSIONER FOR PUBLIC INSTRUCTIONS, COLLEGE ROAD, DHARWAD. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12117 WP No. 103054 of 2023 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, CHIKODI EDUCATIONAL DISTRICT, CHIKODI, DIST. BELAGAVI. 5. THE ACCOUNTANT GENERAL IN KARNATAKA (ENTITLEMENT AND ACCOUNTS) PARK HOUSE, BENGALURU-560001. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R5) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) STRUCK DOWN THE IMPUGNED LEGISLATION VIZ., THE KARNATAKA EDUCATION (AMENDMENT) ACT 2015 (KARNATAKA ACT NO. 4/2015) PUBLISHED IN KARNATAKA GAZETTE DATED. 09/01/2015 PASSED BY THE 1ST RESPONDENT VIDE ANENXURE-F AS ULTRA VIRUS AS IT IS OPPOSED TO THE ARTICLE 14 OF THE CONSTITUTION OF INDIA AND IT ENCROACHES UPON THE JUDICIAL POWER OF THE COURTS AND CONSEQUENTLY DIRECT THE RESPONDENTS TO GRANT THE BENEFIT OF ONE ADDITIONAL INCREMENT TO THE PETITIONERS FOR HAVING PASSED KANNADA LANGUAGE EXAMINATION OR EQUIVALENT TO IT BY ALLOWING THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. B) ISSUE A WRIT OF MANDAMUS OF ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO EXTEND THE BENEFIT OF THE KARNATAKA CIVIL SERVICES (SERVICE AND KANNADA LANGUAGE EXAMINATION) RULES, 1974 READ WITH THE CIRCULAR DATED. 03-11-2000 AND 12-09-2001 (PRODUCED AT ANNEXURE-A AND B TO THE PETITIONERS I.E. GRANT OF ONE ADDITIONAL INCREMENT WITH ALL CONSEQUENTIAL BENEFITS TO THE PETITIONERS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12117 WP No. 103054 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned Additional Government Advocate accepts notice for Respondent Nos. 1 to 5. 2. The petitioner is before this Court seeking for the following reliefs: a. Struck down the impugned legislation viz., The Karnataka Education (Amendment) Act 2015 (Karnataka Act No. 4/2015) published in Karnataka Gazette dated. 09/01/2015 passed by the 1st respondent vide Anenxure-F as Ultra Virus as it is opposed to the Article 14 of the Constitution of India and it encroaches upon the judicial power of the Courts and consequently Direct the Respondents to Grant the benefit of One Additional Increment to the petitioners for having passed Kannada Language Examination or equivalent to it by allowing the writ petition in the interest of justice and equity. b. Issue a Writ of Mandamus of any other appropriate writ, Order or Direction, directing the respondents to extend the benefit of the Karnataka Civil Services (Service And Kannada Language Examination) Rules, 1974 read with the circular dated. 03-11-2000 and 12-09-2001 (produced at Annexure-A and B to the petitioners i.e. grant of one additional increment with all consequential benefits to the petitioners. c. Pass any other appropriate Order. Writ or directions as this Hon’ble Court may deem fit under the facts and circumstances of the case in the ends of justice and equity. - 4 - HC-KAR NC: 2025:KHC-D:12117 WP No. 103054 of 2023 3. Learned AGA submits that this Court, in W.P. No. 105439/2014 and W.P. Nos.108382–417/2014, has quashed the Karnataka Education (Amendment) Act, 2015 (Act No. 4 of 2015), which is presently under challenge in W.A. No.100003/2021, wherein an interim order of stay has been granted. 4. In such circumstances, any orders passed in the said writ appeal would be binding on all the parties to the proceedings. Since the Division Bench is seized of the very same issue, the question of re-agitating the matter in the present petition does not arise. 5. With the above observations, the writ petition stands disposed of, reserving liberty to the petitioners to take appropriate steps in light of the final outcome of W.A. No. 100003/2021. Sd/- (SURAJ GOVINDARAJ) JUDGE VB/CT:PA/List No.: 1 Sl No.: 25