- 1 - HC-KAR NC: 2025:KHC-D:12116 WP No. 102805 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. 102805 OF 2023 (S-RES) BETWEEN: 1. SRI. A.M. KARIKATTI AGE: 55 YEARS, OCC. WORKING AS A ASSISTANT TEACHER IN SRI. I.B. PATIL PRE PRIMARY SCHOOL, BELAWADI, TQ. BAILHONGAL, DIST. BELAGAVI. 2. SRI. M.G. HIREMATH AGE: 56 YEARS, OCC. WORKING AS A ASSISTANT TEACHER IN VEERA RANI MALLAMMA MEMORIAL-HIGH SCHOOL, PRIMARY SECTION, BELAWADI, TQ. BAILHONGAL, DIST. BELAGAVI. 3. SRI. S.M. KARIKATTI AGE: 55 YEARS, OCC. WORKING AS A P.E. TEACHER IN VEERA RANI MALLAMMA MEMORIAL COMPOSITE P.U. COLLEGE, HIGH SCHOOL SECTION BELAWADI, TQ. BAILHONGAL, DIST. BELAGAVI. 4. SRI. V.S. SELAKENNAVAR AGE: 53 YEARS, OCC. WORKING AS A ASSISTANT TEACHER IN VEERA RANI MALLAMMA MEMORIAL-COMPOSITE P.U. COLLEGE, HIGH SCHOOL SECTION, ELAWADI, TQ. BAILHONGAL, DIST. BELAGAVI. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12116 WP No. 102805 of 2023 5. SRI. M.V. HARLAPUR AGE: 59 YEARS, OCC. WORKING AS A ASSISTANT TEACHER IN VEERA RANI MALLAMMA MEMORIAL COMPOSITE P.U. COLLEGE, HIGH SCHOOL SECTION, BELAWADI, TQ. BAILHONGAL, DIST. BELAGAVI. 6. SRI. V.B. KAMBAR AGE: 57 YEARS, OCC. WORKING AS P.E. TEACHER IN SRI. BASVESHWAR HIGH SCHOOL, PATTIHAL, (K .B.), TQ. BAILHONGAL, DIST. BELAGAVI. &PETITIONERS (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LAW AND PARLIMENTARY AFFAIRS, VIDHANA SOUDHA, BANGALURU-560001. 2. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA, DEPARTMENT OF EDUCATION, HIGHER SECONDARY, M.S. BUILDING, BANGALURU-560001. 3. THE ADDL. COMMISSIONER FOR PUBLIC INSTRUCTIONS, COLLEGE ROAD, DHARWAD-580008. 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS BELAGAVI DISTRICT, BELAGAVI. 5. THE ACCOUNTANT GENERAL (A AND E) IN KARNATAKA, PARKA HOUSE ROAD, BANGALURU-560001. &RESPONDENTS (BY SRI. SHARAD V. MAGADUM, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:12116 WP No. 102805 of 2023 THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) DECLARE THE PROVISIONS OF SECTION 3(1) AND (2) OF THE KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTION EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER BENEFITS) ACT 2014 (KARNATAKA ACT 7 OF 2014) DATED 12.02.2014 VIDE ANNEXURE-C PASSED BY THE 1ST RESPONDENT AS UNCONSTITUTIONAL AND CONSEQUENTLY STRUCK DOWN THE SAID PROVISIONS AS ULTRA VIRUS OF THE CONSTITUTION OF INDIA. II) ISSUE ANY OTHER ORDER OR DIRECTION AS THIS HON BLE COURT DEEMS FIT, JUST AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE AND ALLOW THE PETITION WITH EXEMPLARY COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: 1. Declare the provisions of Section 3(1) and (2) of the Karnataka Private Aided Educational Institution Employees (Regulation of Pay, - 4 - HC-KAR NC: 2025:KHC-D:12116 WP No. 102805 of 2023 Pension and other Benefits) Act 2014 (Karnataka Act 7 of 2014) dated 12.02.2014 in ¸ÀA.ªÀå.±Á E.60 ±Á¸À£À 2013 ¨ÉAUÀ¼ÀÆgÀÄ vide Annexure-C passed by the 1st respondent as unconstitutional and consequently struck down the said provisions as ultra virus of the Constitution of India. 2. Issue any other order or direction as this Hon9ble Court deems fit, just and proper under the facts and circumstances of the case and allow the petition with exemplary costs, in the interest of justice and equity. 2. Both counsels submit that the Co-ordinate Bench of this Court, by order dated 10.07.2015 in Writ Petition No. 21216 of 2014 and connected matters, has struck down as ultra vires the Karnataka Private Aided Educational Institution Employees (Regulation of Pay, Pension and Other Benefits) Act, 2014 (for short the Act). The said order has been challenged by the State and the matter is pending before this Court in Writ Appeal No. 2476 of 2015, wherein a stay order is in force. - 5 - HC-KAR NC: 2025:KHC-D:12116 WP No. 102805 of 2023 3. Hence, the same provisions cannot be re-challenged by way of the present writ petition. The orders passed in Writ Appeal No.2476 of 2015 shall be binding on the parties. The writ petition is accordingly disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 20