- 1 - HC-KAR NC: 2025:KHC:37968 WP No. 8216 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.8216 OF 2020 (S-RES) BETWEEN: SRI. S. SUNDARA S/O LATE SHEKARA AGED ABOUT 51 YEARS R/AT C/O PUSTHAKA MANE NEAR DURGIGUDI GOVERNMENT SCHOOL SHIMOGGA 577201. …PETITIONER (BY SRI. H.V. MANJUNATHA, ADV.) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SECONDARY EDUCATION BENGALURU-560001. 2. THE JOINT DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION, SAMPIGE ROAD 18TH CROSS, MALLESHWARAM BENGALURU 560 003. 3. THE ASSISTANT DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION, SAMPIGE ROAD 18TH CROS, MALLESHWARAM BENGALURU 560 003. 4. THE DIRECTORATE OF VOCATIONAL EDUCATION SAMPIGE ROAD, 18TH CROSS MALLESHWARAM, BENGALURU 560003. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37968 WP No. 8216 of 2020 5. REVIVING COMMITTEE PRE-UNIVERSITY EDUCATION SAMPIGE ROAD, 18TH CROSS MALLESHWARAM, BENGALURU 560 003. 6. THE NATIONAL EDUCATION SOCIETY (R) BALARAJ URS ROAD TANK MOHALLA, SHIVAMOGGA-577201 REP BY ITS SECRETARY. …RESPONDENTS (BY SRI. B.J. ESWARAPPA, AGA FOR R1 TO R4 SRI. GURURAJA P.B. ADV., FOR SRI. M. NARAYANA BHAT, ADV., FOR R6 R5 SERVED) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE ORDER NO.PaPuShi/ JOC/ Vileena/ Bhodhakethra Counselling/ 2018-19 DATED 30.11.2018 PASSED BY THE R-2 AS PER ANNEXURE-C PROCEEDINGS OF THE REVIVING COMMITTEE DATED 23.11.2011 AS PER ANNEXURE-D AND THE ENDORSEMENT BEARING NO.Vru.Shi.Ni.Vileena:10/2019-20 DATED 19.08.2019 ISSUED BY THE R-4 AS PER ANNEXURE-J TO THE WRIT PETITION AS ILLEGAL, UNJUST AND QUASH THE SAME & 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 1. In this writ petition, the petitioner has sought for following relief/s: “a) Declare that the order bearing No. PaPuShi/JOC Vileena/Bhodhakethra Counselling/2018-19 dated - 3 - HC-KAR NC: 2025:KHC:37968 WP No. 8216 of 2020 30.11.2018 passed by the 2nd respondent as per Annexure-C, Proceedings of the reviving committee dated 23.11.2011 per Annexure-D and the endorsement bearing No.Vru.Shi.Ni.Vileena: 10/2019-20 dated 19.08.2019 issued by the 4th respondent as per Annexure-J to the writ petition as illegal, unjust and quash the same, b) Issue direction to respondents 1 to 5 to absorb the petitioner as Lecturer either in Kannada or Sociology in 6th respondent College; c) Allow this Writ petition with cost, d) Grant such other relief or reliefs as this Hon'ble court may deem fit to grant in the circumstances of the case.” 2. The case of the petitioner is that he was appointed as a Part-time Lecturer in the DVS PU (Independent) College, Shivamogga, to teach the Job-Oriented two-year PUC Diploma Course, by appointment order dated 30.06.1989 vide Annexure-L. At the time of appointment, the petitioner had acquired a JODC Diploma in Automobile Servicing. While working as a Part-time Lecturer, he obtained an M.A. degree in Kannada in the year 1997. - 4 - HC-KAR NC: 2025:KHC:37968 WP No. 8216 of 2020 Thereafter, he acquired a Master’s degree in Sociology in the year 2008. The Government enacted a law called the Karnataka Part-Time Job Oriented Course Employees Absorption Act, 2011 (hereinafter referred to as ‘the Act’ for short). Pursuant to this, the petitioner’s case was considered by the Government and has taken a decision on 09.09.2011 that the candidates who have acquired the required qualification at the time of order of absorption, their case can be consider for appointment as Lecturers. However, by the impugned order dated 30.11.2018 vide Annexure-C, the petitioner was appointed as non-teaching staff, i.e., Second Division Assistant (SDA), based on the proceedings of respondent No.4 dated 23.11.2011 (Annexure-D), which stated that the qualification of the candidate at the time of initial appointment must be taken into consideration, and any qualifications obtained after the appointment would not be considered. Being aggrieved by the same, the petitioner is before this Court. - 5 - HC-KAR NC: 2025:KHC:37968 WP No. 8216 of 2020 3. The learned counsel appearing for the petitioner submitted that, by order dated 30.06.1989, the Management had appointed the petitioner as a Part-time Lecturer. Until the impugned order was issued, the petitioner continued to work as a Lecturer. In the meantime, the petitioner had acquired the required qualifications, namely, an M.A. degree in Kannada and a Master’s degree in Sociology. Therefore, as on the date the Act came into force, the petitioner had acquired required qualifications to be appointed as a Lecturer. Without considering this aspect, the impugned endorsement was issued. He further submitted that, as per Section 3(b) of the Act, it is clear that, at the time of passing an order of absorption, if the candidate has acquired the required qualifications subsequent to his initial appointment but prior to absorption, the case must be considered for absorption under the Act. He also contended that the Committee constituted by the Government recommended that the case of a Lecturer who - 6 - HC-KAR NC: 2025:KHC:37968 WP No. 8216 of 2020 acquired the required qualification after initial appointment but before absorption could be considered for appointment as a Lecturer. Contrary to this recommendation and the provisions of the Act, the impugned order was passed. Hence, he prayed that the writ petition be allowed. 4. Learned AGA has submitted that, as per the decision taken by the Committee vide Annexure-D, the candidates, who were qualified as on the date of their appointment are to be considered for absorption as Lecturers. Since the petitioner acquired the qualification subsequent to his appointment, his case has not been considered. 5. Learned counsel appearing for respondent No.6 has submitted that the petitioner was appointed as Part-time Lecturer on 30.06.1989. Till the impugned order has been passed, he was working as a Lecturer and the Management has no objection to continue the service of the petitioner as a Lecturer. - 7 - HC-KAR NC: 2025:KHC:37968 WP No. 8216 of 2020 6. Heard the learned counsel for the parties. Perused the writ petition papers. 7. The petitioner was appointed as a Part-time Lecturer at DVS PU (Independent) College, Shivamogga, to teach the job-oriented two-year PUC Diploma Course, by appointment order dated 30.06.1989. It is also not in dispute that, the petitioner continued working as a Lecturer till 2018. The Government enacted the Karnataka Part-Time Job-Oriented Course Employees Absorption Act, 2011, for the absorption of employees working under Private Management in job-oriented courses. Section 3(b) of the Act is extracted below: “3. xxxxx (a) xxxxx (b) no part time Job Oriented Course employee shall be absorbed unless he possessed the qualification prescribed for the post on the date of his absorption under the relevant rules of recruitment.” - 8 - HC-KAR NC: 2025:KHC:37968 WP No. 8216 of 2020 8. Considering the above-mentioned provision, the committee constituted by the State Government, headed by the Principal Secretary of the Department, has recommended that candidates, who acquired the required qualifications subsequent to their appointments, but prior to absorption, may be considered for appointment as Lecturers. The relevant recommendations are extracted below: 5. ±Àæ«ÄPÀ ²PÀëPÀgÀÄ ¨ÉÆÃzsÀPÉÃvÀgÀ ºÀÄzÉÝUÀ¼À°è (¢é.zÀ.¸À) «Ã°£ÀPÉÌ ¥ÀjUÀt¸À§ºÀÄzÀÄ. DzÀgÉ ¨sÉÆÃzÀPÀgÁV PÁAiÀÄ𠤪Àð»¸ÀÄwÛgÀĪÀ ±Àæ«ÄPÀ ²PÀëPÀgÀ£ÀÄß CªÀgÀÄ ¸ÉêÉUÉ ¸ÉÃjzÀ £ÀAvÀgÀ ¥ÀqÉzÀ «zÁåºÀðvÉ ¨ÉÆÃzsÀPÀ ºÀÄzÉÝUÉ ¥ÀÆgÀPÀªÁVzÀÝ°è CAvÀºÀ «zÁåºÀðvÉAiÀÄ£ÀÄß ¥ÀjUÀt¹ ¨ÉÆÃzsÀPÀ ºÀÄzÉÝAiÀÄ°è «°Ã£ÀPÉÌ ¥ÀjUÀt¸À§ºÀÄzÀÄ 6. G¥À£Áå¸ÀPÀgÀÄ ªÀÈwÛ ²PÀët PÉÆøÀÄðUÀ¼À°è r¥ÉÆèêÉÆà ºÁUÀÆ ¸ÁªÀiÁ£Àå ¥ÀzÀ«ÃzsÀgÀgÀ£ÀÄß G¥À£Áå¸ÀPÀgÁV £ÉêÀÄPÀ ªÀiÁrgÀĪÀÅzÀjAzÀ ¥Àæ¸ÀÄÛvÀ G¥À£Áå¸ÀPÀgÁV PÁAiÀÄ𠤪Àð»¸ÀÄwÛgÀĪÀªÀgÀÄ ¸ÉêÉUÉ ¸ÉÃjzÀ £ÀAvÀgÀ G¥À£Áå¸ÀPÀgÀ ºÀÄzÉÝUÉ ¥ÀÆgÀPÀªÁzÀ «zÁåºÀðvÉAiÀÄ£ÀÄß (Susequent required qualification) ºÉÆA¢zÀÝgÉ CAvÀºÀªÀgÀ£ÀÄß ºÉaÑ£À «zÁåºÀðvÉAiÀÄ£ÀÄß (¢£ÁAPÀ: 06-04-2011 gÀ°èzÀÝAvÉ) ¥ÀjUÀt¹ G¥À£Áå¸ÀPÀgÀ ºÀÄzÉÝUÉ ¸ÀzÀjAiÀĪÀgÀÄ CºÀðgÁzÀÝ°è «°Ã£ÀPÉÌ ¥ÀjUÀt¸À§ºÀÄzÀÄ. 9. Thereafter, vide Annexure-D, the committee has taken a decision that if the additional qualification has - 9 - HC-KAR NC: 2025:KHC:37968 WP No. 8216 of 2020 been acquired subsequently, their case cannot be considered. The relevant paragraphs are extracted below: “26. ΐėỳгу:11.11.2011џгѕ—їĐ’ѕ¸ÀPÁðjјΠΥ†ґėỳẃΚΎўẃě’ўΡń ē’Ć’ѕ—Ą’―гя ¤tðAiÀÄzÀAvÉ, ¤zÉÃð±ÀPÀgÀÄ, Ẁ‗Ύķ Υƒђ зĠỳą’. зẀџ— нĠỳń зĠỳą’хΣгѕ Ğ’―†ẃIJφ Θгѕ—ΤĆ’ еї—х—ђĢỳ¯ ĜỳΨΎўї—Ļ зĠỳąỳ ќ—фŁẃĸΠгѕ е¢üу‗ѓĢỳ¯ јĐ’ў—Ẁгē’ ќѓ—ķ ќ—гΐї ẃě’ўΡń нĠỳń ĜỳΨΎхಳї—ĻќгΉẃґ—ẃ―˜ẃĠỳΝѓ—. 27. ¤zÉÃð±ÀPÀgÀÄ, Ẁ‗ΎķΥƒђ зĠỳą’, џẀџ— и ẃΚΎĆ’ Ẁџΐ Β†Ήџ—Ẁгē’ ΐėỳгу : 22.11.2011 џгѕ— ¸ÀPÁðj јΠΥ†ґėỳ ¸À«ÄwAiÀÄÄ CAwªÀĪÁV ¸À¨sÉ ¸ÉÃjиĄ’ಳугягē’¤tðAiÀÄUÀ¼À£ÀÄß Ą’‡Ć’―ಳŅĠỳΝѓ—. a)йјẃΚΎẃѕẃŁџ—јΠΥ†ΡΧ,ẃΨĜỳΉѕ‗Ή†уΠΧѕ1249CºÀðΧњľгΐ ј·IJўї—ĻиĆỳхĠ’†¸ÀPÁðgÀPÉÌ ΐėỳгу23.09.2011џгѕ—Ẁ‗ΎķΥƒђзĠỳą’ў ¤zÉÃð±ÀPÀgÀÄ Ẁ‗гѕĢỳџ— ѓĝỳΠΧѕĹ ċ’†ẂIJēỳ ј·IJўї—Ļ ẃě’ў хќїĄ’Ĩ ¤zÉÃð±ÀPÀgÀÄ, Ẁ‗ΎķΥƒђ зĠỳą’ўẀџ— ѓгѕџ—. йјẃΚΎ ẃѕẃŁџ— Ħỳх― ẃгњгіјэIJė’―†яψе¢üĄỳΠхಳùј·IJѓĝỳΠΧјΠΥ†ґė’ĜỳΉџ—Ẁ÷ѕΠгѕ еẀĞ’†ẃгј―tðъĢỳĚỳĹџџ—нгње©üĘỳłўẀŁуķĢỳΝѓ—. b)Ẁ‗ΎķΥƒђзĠỳą’ўΡńĝỳẀ÷ĕ’†Ẁ‗гѕќѓ—ķė’†ќĄỳΎΒўќхಳùзґńĕ’† зѕ—ĹѕΠгѕ еĞ’ĄỳΡу ė„уџџї—Ļ ехѓŁē’Ć’ еї—х—ђĢỳ¯ ќѓ—ķ ẃĸΣ†ў еẀẁŁуē’хΣĆ’ еї—х—ђĢỳ¯ ¸ÀA§A¢ü¹zÀ PÉÆøÀÄðUÀ½UÉ ē’―я¯ΧĄ’―ಳŅґ— Ęỳłгẁ—Ęỳґџ—хΣĆ’ ẃ―шė’ зѕ—ĹѕΠгѕ Ęỳłгẁ—Ęỳґџ—хಳù ѓќŀ ẄгѓѕΡńΞ† еĞ’ĄỳΡу ė„уџџї—Ļ ē’―я¯ΧĄ’―гΉѕĹΠгѕ ΤΡ†ї јłˆłΞĆ’ ē’―я—у— йгĎỳ¯џ—Ẁ÷ĕỳ¯ ẃě’ еΙĘỳłў ј·IJѓ—. и ΐĥ’ўΡń ẁłΚу Υƒуџ— ќѓ—ķ йјėỳŁẃуџ—хಳ ΤΡ†ї јłˆłΞўΡń ΤΤі «zÁåºÀðvÉ зџ—Ẁ÷ѕΠгѕ Τ©üїĻē’ йгĎỳх—ѓķĕ’. жѕ—ѕΠгѕ ΐėỳгу : 09.09.2011 џ нĠỳń ¤tðAiÀÄUÀ¼À£ÀÄß - 10 - HC-KAR NC: 2025:KHC:37968 WP No. 8216 of 2020 еї—ĤỳIJїĆ’―ΣΧѕĹџ―, ј―џу «zÁåºÀðvÉĆ’ ẃгњгіјζэ ¤tðAiÀĪÀ£ÀÄß ¸ÀA¥ÀÆtðªÁV еї—ĤỳIJїĄ’Ĩ ѓџґ— Post-work Qualification issues vÉÆqÀPÀÄ GAmÁUÀÄvÀÛzÉ JAzÀÄ ¸À¨sÉ C©ü¥ÁæAiÀÄ ¥ÀnÖvÀÄ ªÀÄvÀÄÛ To decide whether Post-Work Qualifications are relevant or not to the work becomes very subjective and discretionary. Hence it was decided not to go by that. Work c) Ẅ—ĕ’ĹĆ’ ¤UÀ¢ü¥Àr¹zÀ уΒẂij «zÁåºÀðvÉĆ’ еї—х—ђĢỳ¯Ξ† ΤΡ†їĆ’―ΣњẄ—ĕ’гѕ— ẃě’ wêÀiÁð¤¹vÀÄ. (Basic Minimum Qualification Required for the Post). Additional qualification at the time of joining or Sub-sequent qualification acquired during work cannot be considered JAzÀÄ ¸À¨sÉ wêÀiÁð¤¹vÀÄ. d) ¤zÉÃð±ÀPÀgÀÄ, Ẁ‗ΎķΥƒђ зĠỳą’. џẀџ— ѕ‗Ή†уΠΧџ—Ẁгē’ еĞ’ĄỳΡу ė„уџџї—Ļ Ą’ґẃĄ’Ĩ ē’Ć’ѕ—Ą’―ಳùŅĢỳх еẀџ уΒẂij «zÁåºÀðvÉAiÀÄ£ÀÄß јΠхΌΧ, ẃгњгΑΧѕ Ẅ—ĕ’ĹўΡń ē’―я¯ΧĄ’―гΉĕỳĹĞ’гѕ— ΎΣΧџ—Ẁ ΨїĻĠ’ўΡń и егΎќј·IJўї—ĻѓĝỳΠΧуಳùΨΧĄ’―яґ—ẃΚΎў—wêÀiÁð¤¹zÉ. e) ΤΡ†їĄ’Ĩ з˜ĭΧџ—Ẁ ẃгњгΑΧѕ зĠỳą’хಳ Ẁ‗гѕ ќѓ—ķ ė’†ќĄỳΎ ΒўќхಳExtractsўĔỳẀēỳķ¯ĕỳфΡẃґ—ẃě’¤tð¬Ä¹vÀÄ. f)јΠΥẂIJċỳΎ/јΠΥẂIJјгхяĞ’―†ẃIJφеಳẀΉĄ’ўґńĕ’†Ψгѕ—ΣѕċỳΎ Ħỳх―ªÀUÀðUÀ½UÉ ΒўĜỳї—ĥỳџжѕŁē’Β†яĚ’†Ą’гѕ—ẃě’ wêÀiÁð¤¹vÀÄ.” 10. No reasons have been forthcoming for taking a different view. The committee, vide Annexure-D, has not provided any reason for modifying the earlier - 11 - HC-KAR NC: 2025:KHC:37968 WP No. 8216 of 2020 recommendation made by the committee headed by the Secretary. While issuing the impugned endorsement, the Authority has failed to consider the provisions of the Act. Therefore, the impugned order is liable to be quashed. Hence, the following order: ORDER a) The writ petition is allowed. b) The impugned order dated 30.11.2018 vide Annexure-C only in respect of petitioner is concerned, and also the impugned endorsement dated 19.08.2019 vide Annexure-J are hereby quashed. c) The matter is remitted back to respondent Nos.1 to 3 to reconsider the case of the petitioner in terms of the Act, 2011 and pass the order in accordance with law and also taking into note of the decision of the Committee dated 09.09.2011 vide Annexure-E, as expeditiously as possible, not later - 12 - HC-KAR NC: 2025:KHC:37968 WP No. 8216 of 2020 than three months from the date of receipt of a certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 38 CT:MS