- 1 - NC: 2025:KHC-D:2535-DB WA No. 100053 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT APPEAL NO. 100053 OF 2025 (S-RES) BETWEEN: 1. THE STATE OF KARNATAKA, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, M. S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. REP. BY ITS PRINCIPAL SECRETARY. 2. THE ADDITIONAL COMMISSIONER OF PUBLIC INSTRUCTIONS, GULBARGA CITY, GULBARGA-585101. 3. THE DEPUTY DIRECTOR FOR PUBLIC INSTRUCTIONS, KOPPAL DISTRICT, KOPPAL- 583231 4. THE BLOCK EDUCATIONAL OFFICER, GANGAVATHI TALUK, GANGAVATHI TOWN, KOPPAL DISTRICT- 583227 …APPELLANTS (BY SRI. G. K. HIREGOUDAR, GOVERNMENT ADVOCATE) Digitally signed by ANJALI M Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2535-DB WA No. 100053 of 2025 AND: 1. GURUSWAMI HIREMATH, S/O. CHANNABASAVAYYA, AGED ABOUT 49 YEARS, OCC: DRAWING TEACHER, W/A: SRI SHARANABASAVESHWARA, KANNADA MEDIUM, HIGHER SCHOOL, KARATAGI, GANGAVATHI TALUK, KOPPAL DISTRICT-583229 2. SRI SHARANABASAVESHWARA, VIDHYA SAMSTHE (R) KARATAGI, GANGAVATHI TALUK, KOPPAL DISTRICT -583229 …RESPONDENTS (BY SRI. G. M. CHANDRASHEKAR, ADVOCATE FOR C/R1) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, CALL FOR RECORDS AND SET ASIDE THE JUDGMENT DATED 09.02.2024 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO. 103739/2017 ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT DELIVERED THE JUDGMENT THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:2535-DB WA No. 100053 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The first respondent has succeeded in his writ petition in W.P.No.103739/2017 with the writ Court directing the appellants to admit the first respondent to salary grant and pay to the first respondent’s salary accordingly with effect from 31.12.2018. This Court must now refer to the admitted facts: [i] The second respondent has appointed the first respondent as a Drawing Teacher on 28.08.2012. The second respondent- institution is admitted to grant-in-aid in 2015. [ii] The Karnataka Educational Institutions (Recruitment and Terms and Conditions of Service of Employees in Private Aided Primary and Secondary Educational Institutions) Rules, 1999, contemplates a certain staff in pattern for High Schools [iii] This Staff Pattern initially did not permit the appointment of a teacher in Crafts or Drawing - 4 - NC: 2025:KHC-D:2535-DB WA No. 100053 of 2025 or Music. However, the Rules are amended by the notification dated 16.06.2007 amended Annexure IV of afore Rules permitting the appointment of a teacher for Craft or Drawing or Music. [iii] The State Government has issued notification dated 09.06.2016, amending the 1996 Rules stipulating that the amendment shall be deemed to have come into effect from 16.06.2007 and that the existing Craft teacher, as on the date of the amendment shall continue in position but such posts shall cease with the incumbent retiring or tendering resignation or being promoted to a higher cadre or with the death or dismal or removal of such existing teacher. [iv] The amendment also stipulates in proviso to Note 3 that the Craft teachers appointed prior to 02.02.2000 in aided institution can be - 5 - NC: 2025:KHC-D:2535-DB WA No. 100053 of 2025 admitted to grant-in-aid subject to the condition as aforesaid. 2. The writ Court in the light of these admitted facts has opined that the appellants have refused the grant- in-aid to the first respondent without noticing the amendment vide notification dated 06.06.2017. Sri. G.K. Hiregoudar, the learned Government Advocate for the appellants, proposes to canvas that the combined reading of the notification dated 16.06.2007 and 09.06.2016 will be that only those teachers who were on the rolls of an institution which is admitted to grant-in-aid prior to 16.06.2007 will be entitled for grant-in-aid. 3. This Court is not persuaded to accept the submission because the amendment vide the notification dated 16.06.2007 has introduced staff in pattern permitting the appointment of a teacher in either Drawing, or Music or Craft for grant-in-aid and this is continued until 09.06.2016 when the schedule is amended to read that the post of a teacher for Drawing or Craft or Music shall be only so long - 6 - NC: 2025:KHC-D:2535-DB WA No. 100053 of 2025 as the incumbent occupies the post and that shall cease once the incumbent vacates the post. While stipulating this, the amendment also admits grant-in-aid to those who were appointed prior to 02.02.2000 in the aided institutions. 4. This Court must observe that this second amendment protects the interest of all those who were appointed as teachers in Craft or Music or Drawing until the Amendment on 09.06.2016, and the stipulation that the post shall cease with the incumbent vacating the post upon contingencies cannot be cited to deny the first respondent grant-in-aid salary. This will be especially so when the first respondent is appointed on 28.08.2012 and the institution is admitted to grant-in-aid in the year 2015 with the Rules permitting grant-in-aid towards teacher in Drawing or Music or Craft. Hence, the appeal stands disposed of but stipulating that there shall be due compliance with the writ Court’s - 7 - NC: 2025:KHC-D:2535-DB WA No. 100053 of 2025 direction within [4] four months from today. All pending applications stand disposed. SD/- (B.M.SHYAM PRASAD) JUDGE SD/- (RAMACHANDRA D. HUDDAR) JUDGE VMB,AM/ct-vg LIST NO.: 1 SL NO.: 3