- 1 - HC-KAR NC: 2025:KHC:24840 WP No. 27943 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27943 OF 2018 (GM-KSR) BETWEEN: KARNATAKA RAJYA BADTHI SARAKARI PROUDA SHALA SHIKSHAKARA SANGHA REP BY ITS PRESIDENT SRI RAGHAVA NILAYA MASTHENAHALLY ROAD, KAIVARA, CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT …PETITIONER (BY SRI. M S PARTHASARATHI ., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT PRIMARY & SECONDARY EDUCATION DEPARTMENT, M S BUILDING VIKASA SOUDHA BANGALORE-01 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS NEW PUBLIC OFFICES NRUPATHUNGA ROAD, BENGALURU-560 001 3. THE DIRECTOR SECONDARY EDUCATION NEW PUBLIC OFFICES NRUPATHUNGA ROAD, BENGALURU-560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24840 WP No. 27943 of 2018 4. THE PLANNING OFFICER HUMAN RESOURCE MANAGEMENT- SYSTEM (HRMS) M S BUILDING, BENGALURU-560 001 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR DTD. 05.07.2017 BEARING NO. SI.4(6) KA.RA.PRA.SHA.SHI.SANGHA/01/2007-08 ISSUED BY THE 3RD RESPONDENT (VIDE ANNX-E) AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a. Quash the Circular dated 05.07.2017 bearing No. Si.4(6)Ka.Ra.Pra.Sha.Shi.Sangha/01/2007-08 issued by the R3 (vide Annexure-E) b. In the alternative direct the Respondent to consider the representation dated 27.05.2017 (Annexure-G) made to the 3rd Respondent and Representation dated 18.07.2017 made to the R4 (vide Annexure- G). c. Pass any order of consequential relief or any other appropriate order or direction as this Hon’ble Court - 3 - HC-KAR NC: 2025:KHC:24840 WP No. 27943 of 2018 deems fit in the facts and circumstances of the case in the ends of justice and equity. 2. The petitioner is a society registered under the provisions of Karnataka Societies Registration Act, 1960 [ hereinafter referred to as ‘KSR 1960’]. Many of the employees of first and second respondent who are employed in the cadre of Primary Assistant Master to High School cadre are members of either the petitioner or Karnataka High School Assistant Master Association. 3. The grievance of the petitioner is that by way of the impugned circular dated 05.07.2017 issued by respondent No.3-Director of Secondary Education, the membership fee payable to the Karnataka High School Assistant Master Association was being deducted from the salaries of those persons employed by respondents No.1 and 2 and directly paid to the Karnataka High School Assistant Master Association without their consent. It is in that background that the petitioner who is an Association consisting of nearly 14,000 persons belonging to the Primary Assistant Master to High School cadre, had taken up the matter with the respondents that it may not be deducted without their consent, despite which the - 4 - HC-KAR NC: 2025:KHC:24840 WP No. 27943 of 2018 deduction having been made, the petitioner is before this court seeking for the aforesaid reliefs. 4. When the matter was taken up for consideration on 30.06.2025, learned AGA was directed to secure instruction and make his submission as to on what basis the amounts had been deducted and if there was any law which permitted such deduction. Today the learned AGA on instruction submits that there is no forcible deduction which is made by respondent No. 3. It is only if any of the persons belonging to Cadre of Primary Assistant Master to High School cadre for deduction of the membership fee from their respective salaries to be paid to the Karnataka High School Asst. Master Association, such deduction is made and remitted to the said Association. If any person belonging to the Primary Assistant Master to High School cadre does not wish such deduction to be made, no deduction will be made. His further submission is that even in so far as the petitioner Karnataka Rajya Badthi Sarakari Prouda Shala Shikshakara Sangha is concerned, if a request is made by the members of the petitioner for deduction of the - 5 - HC-KAR NC: 2025:KHC:24840 WP No. 27943 of 2018 membership fee from and out of their salary and for remittal to the petitioner, the same would be adhered to by respondent No. 3. 5. The said submission answers the grievance of the petitioner. As such, the above petition is disposed of by the following clarification: i. Respondent no. 3 would not deduct any amount from the salary of any of the employees to be made payment of as membership fee to Karnataka High School Assistant Master Association, without the specific written consent of that particular employee. ii. If any of the employees wish for the membership fee in respect of the petitioner to be deducted and paid to the petitioner, respond no. 3 shall enable a mechanism for doing so. Sd/- (SURAJ GOVINDARAJ) JUDGE LN, List No.: 1 Sl No.: 64