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2025 DAILYLAW 50282 (KAR)

NAGARAJ BALIYAPPA MANAKIKAR S/O BALIYAPPA DEVU MUKRI v. STATE OF KARNATAKA

WP/108093/2023 · 2025-09-16

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12120 WP No. 108093 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.108093 OF 2023 (S-RES) BETWEEN: NAGARAJ BALIYAPPA MANAKIKAR S/O. BALIYAPPA DEVU MUKRI, A/A. 21 YEARS, STUDENT, R/O. VIVEK NAGAR, KUMTA, UTTARA KANNADA DISTRICT-581301. &PETITIONER (BY SRI. A.P. HEGDE AND SRI. VIJAY MALALI, ADVOCATES) AND: 1. STATE OF KARNATAKA BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU-560001. 2. COMMISSIONER PUBLIC INSTRUCTIONS DEPARTMENT, NRUPATUNGA ROAD, BENGALURU-560006. 3. DEPUTY DIRECTOR PUBLIC INSTRUCTIONS DEPARTMENT, KARWAR, UTTARA KANNADA DISTRICT-581301. 4. BLOCK EDUCATION OFFICER KUMTA, UTTARA KANNADA DISTRICT-581301. &RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R4) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12120 WP No. 108093 of 2023 THIS WRIT PETITION IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO; I) TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASHING IMPUGNED ENDORSEMENT DATED. 07-11-2022 IN BEARING NO. E5/C.D.£ÉÃ/£ÁUÀgÁd.§.ªÀÄÄ/52/2020-21 ISSUED By RESPONDENT NO. 3 AS Per ANNEXURE-N; II) DIRECTING THE RESPONDENTS TO PROVIDE A GOVERNMENT JOB TO THE PETITIONER ON COMPASSIONATE GROUND AND ETC. 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 petitioner is before this Court seeking for the following reliefs: i. To issue writ in the nature of certiorari to Quashing impugned endorsement dated. 07-11-2022 in bearing No. E5/C.D.£ÉÃ/£ÁUÀgÁd.§.ªÀÄÄ/52/2020-21 issued by Respondent No. 3 as per Annexure-N. ii. Directing the respondents to provide a Government Job to the Petitioner on compassionate ground. iii. Pass such other orders as this Hon9ble Court deems fit under the facts and circumstances of the case including the award of costs in the interest of justice and equity 2. The petitioner9s father, one Baliyappa Devu Mukri, who expired on 30.05.2020, had been employed as headmaster of the Government Higher Primary School - 3 - HC-KAR NC: 2025:KHC-D:12120 WP No. 108093 of 2023 in Hegde village of Kumta Taluk. The petitioner, being one of the sons, upon receiving 8no objection9 from the mother and other siblings, made an application for appointment on a compassionate basis on 02.09.2020. The said request came to be rejected vide endorsement dated 07.11.2022 at Annexure-N issued by respondent No.3 on the ground that the name of the petitioner does not match the service records available with the respondent authority. It is challenging the same, the petitioner is before the Court seeking the aforesaid reliefs. 3. Having heard the learned counsel for the petitioner and having perused the service records produced at Annexure-L, it is seen that the name of the Government servant has been shown as Baliyappa Devu Mukri and in the details relating to family and dependents, the name of the petitioner has been shown as Nagraj B. Manakikar. The other documents, which have been produced, namely the SSLC - 4 - HC-KAR NC: 2025:KHC-D:12120 WP No. 108093 of 2023 Certificate, the Heirship Certificate etc., would indicate the name of the petitioner as also the name of the father. 4. In that view of the matter, when the name of the petitioner has already been entered in the service records as Nagaraj B. Manakikar, the question of the respondents rejecting the petitioner's application on account of a mismatch in the name would not arise at all, since, firstly, there is no mismatch, and secondly, the change in surname cannot be held against the petitioner, as all the children have been named Manakikar. Only the mother of the deceased employee was shown as Bommi Devu Mukri, and his spouse, i.e., the mother of the petitioner, was shown as Prema B. Mukri. The siblings being shown as Kavya B. Manakikar, Divya B. Manakikar and Nikhil B. Manakikar and the petitioner as Nagaraj B. Manakikar. - 5 - HC-KAR NC: 2025:KHC-D:12120 WP No. 108093 of 2023 5. In that view of the matter, the endorsement which has been so issued, is without verifying the records. There is no mismatch in the name of the petitioner as available in the service record of the deceased employee and the SSLC marks card. In that background, I pass the following; ORDER i. Writ petition is allowed. ii. A certiorari is issued, the endorsement dated 07.11.2022 issued by respondent No.3 at Annexure-N, is quashed. iii. Respondent No.3 is directed to consider the application of the petitioner for compassionate appointment in accordance with law, without reference to the endorsement at Annexure-N within a period of six weeks from the date of receipt of certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE AM Ct:pa List No.: 1 Sl No.: 39