- 1 - HC-KAR NC: 2025:KHC:48534 WP No. 20191 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 20191 OF 2021 (S-RES) BETWEEN: 1. SRI N G GUTTIKANNAVAR S/O GUDDAPPA AGED ABOUT 44 YEARS, WORKING AS ASSISTANT PRIMARY SCHOOL TEACHER O/O GANGA PARAMESHWARI HPS KAVALETTU KUMARA PATANAM POST RANEBENNUR TALUK HAVERI DISTRICT-581123 R/A NO.97, B/1, NITTUR VILLAGE AND POST, HARAPANAHALI TALUK BELLARY DISTRICT-583213 2. SRI S K KANDATI S/O KOTRAPPA KANDATI AGED ABOUT 39 YEARS WORKING AS ASSISTANT PRIMARY SCHOOL TEACHER O/O GANGA PARAMESHWARI HPS KAVALETTU, KUMARA PATANAM POST RANEBENNUR TALUK, HAVERI DISTRICT-581123 R/A NALVAGALA VILLAGE AND POST, RANIBENNUR TALUK HAVERI DISTRICT-581123 Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48534 WP No. 20191 of 2021 3. SRI N C HAROGOPPA S/O CHANNAPPA AGED ABOUT 47 YEARS, WORKING AS P.T.TEACHER O/O GANGA PARAMESHWARI HPS KAVALETTU, KUMARA PATANAM POST RANEBENNUR TALUK HAVERI DISTRICT-581123 R/A NO.315 HIRAKERRURU ROAD, KODA VILLAGE AND POST HIREKERUR TALUK HAVERI DISTRICT-581123 4. SMT V V NIDAGUNDI W/O NAGARAJ T R AGED ABOUT 51 YEARS WORKING AS HEAD MASTER O/O GANGA PARAMESHWARI HPS KAVALETTU, KUMARA PATANAM POST RANEBENNUR TALUK HAVERI DISTRICT-581123 R/A GAWARADARA ONI DODDAPETE RANEBENNUR TALUK HAVERI DISTRICT-581123 5. SMT G M CHINNANNANAVAR D/O MANJAPPA CHINNANNAVAR AGED ABOUT 34 YEARS WORKING AS ASSISTANT PRIMARY SCHOOL TEACHER O/O GANGA PARAMESHWARI HPS KAVALETTU, KUMARA PATANAM POST RANEBENNUR TALUK HAVERI DISTRICT-581123 R/A MAKANUR VILLAGE AND POST - 3 - HC-KAR NC: 2025:KHC:48534 WP No. 20191 of 2021 RANEBENNUR TALUK HAVERI DISTRICT-581123 6. KUM A G KOTER D/O GUDAPPA KOTER AGED ABOUT 34 YEARS, WORKING AS ASSISTANT PRIMARY SCHOOL TEACHER O/O GANGA PARAMESHWARI HPS KAVALETTU, KUMARA PATANAM POST RANEBENNUR TALUK HAVERI DISTRICT-581123 R/A HARALAYA NAGAR RANEBENNUR TALUK HAVERI DISTRICT-581123 &PETITIONERS (BY SRI. V.LAKSHMINARAYA, SENIOR COUNSEL FOR STM. ANUSHA L, ADV.) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION M S BUILDING BENGALURU-560001 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS GOVT. OF KARNATAKA NRUPATUNGA ROAD BENGALURU-560001 3. DEPARTMENT OF PUBLIC EDUCATION COMMISSIONER JNANADHARA CAMPUS - 4 - HC-KAR NC: 2025:KHC:48534 WP No. 20191 of 2021 KUMARESHWAR NAGAR, DHARWAD DHARWAD-582208 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS HAVERI -581101 5. THE BLOCK EDUCATION OFFICER RANEBENNUR TQ HAVERI DISTRICT-581123 6. SHRI GANGA PARAMESHWARI HINDULIDHA EDUCATION TRUST (R) KAVALATE POST, KUMARAPATNAM TALUK HAVERI DISTRICT-581123 &RESPONDENTS (BY SRI. B.J.ESHWARAPPA, AGA FOR R1 TO R5, SRI. A.S.NAVEEN, ADV. FOR R6) THIS WP FILED UNDER ARTICLES 222 AND 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO EXTEND THE GRANT IN AID TO THE INSTITUTION FROM THE DATE THE INSTITUTION COMMENCED IMPARTING EDUCATION IN PRIMARY EDUCATION I.E., FROM 1994-1995 ON WARDS AND PAY THE SALARY TO ALL THE TEACHER IRRESPECTIVE THE DATE ON WHICH THE INSTITUTION WAS ADMITTED TO THE GRANT IN AID AS PER THE CONSTITUTIONAL SCHEME IN VIEW OF ART 21-A OF THE CONSTITUTION OF INDIA. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:48534 WP No. 20191 of 2021 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners have filed this writ petition seeking for the following prayers: 1) Issue a writ of mandamus directing the respondents to extend the grant in aid to the institution from the date of Institution commenced imparting education in primary education i.e., from 1994-1995 onwards and pay the salary to all the teacher irrespective the date on which the Institution was admitted to the grant in aid as per the Constitutional mandate. 2) Issue a mandamus directing the respondent to extend the grant in aid benefits including a direction that, the petitioners are deemed to be the surplus teachers since petitioners are imparting primary education to the children up to the age of 14 years which is Constitutional right under Article 21 A of the Constitution of India and are entitled for the security of tenure in absorbing their service as surplus teachers either in Government or aided Institution as per 1999 Rules. - 6 - HC-KAR NC: 2025:KHC:48534 WP No. 20191 of 2021 3) Issue a writ of mandamus directing the respondents to pay the salary from the date on which the petitioners were admitted to the grant in aid or from the date of joining till today and till they are posted to the aided and also Government Institutions as surplus teachers and treat the entire service of the petitioners from 2014-15 up to the posting has been given as continues service for computing all service benefits and to reckon for the purpose of service benefits including for the pay fixation and extend the benefit as per Article 21A and 39(d) of the Constitution of India and 4) Issue any appropriate direction or order as deemed fit by this Hon'ble Court. 2. Brief facts leading rise to the filing of this writ petition are as follows: The petitioners are working as the Assistant Teachers in the High School and Primary School from 1st to 7th class. The petitioners have passed the basic Degrees and are duly qualified to be appointed as Teachers in the respondent-Institution which are run by the management - 7 - HC-KAR NC: 2025:KHC:48534 WP No. 20191 of 2021 of the backward class community, commenced in 1991-92. The Institution started its operation from the academic year 1994-95 till 2021. The Institution has imparted the primary education for nearly 20 to 25 years with full strength and by an order dated 04.03.2009, the appointment of the petitioners were made and were admitted without grant in aid and respondent No.6- Institution was admitted to grant in aid by an order dated 25.06.2014. For the year 2015-16, there was automatic reduction of admission to the school and accordingly, a notice was issued in 2016 and 2017 dated 03.08.2016 and 05.01.2017 from the Government vide Annexures G & H. The Government vide order dated 07.12.2018, the grant under Section 53(1) and (2) of Karnataka Education Act, 1983 (for short 'the Act of 1983') was amended and upon the representation to the Government and respondent No2, the Commissioner has intervened and recorded a finding that since the school was functioning with full strength for more than 20 to 25 years and merely because - 8 - HC-KAR NC: 2025:KHC:48534 WP No. 20191 of 2021 there was a reduction in the academic strength from the year 2015-16, as there was a dispute in the management it did not cooperate with the staff. Thus, the reduction in the admission strength cannot be attributable to the petitioners. The petitioners submitted a representation vide Annexure-P dated 03.01.2019. The Additional Commissioner recommended to reconsider it, but despite the recommendation, the management forwarded the same to the Principal Secretary, Education Department. The Principal Secretary has not passed any order on the said representation and the recommendation of the Additional Commissioner. Hence, this writ petition. 3. Heard the arguments of Sri V. Lakshminarayana, learned Senior counsel for the petitioners and the learned Additional Government Advocate for the respondents. 4. Learned Senior counsel for the petitioners submits that the petitioners are working for last more than - 9 - HC-KAR NC: 2025:KHC:48534 WP No. 20191 of 2021 20 to 25 years and they were admitted for grant in aid and further, the Government without any reasons withdraw the grant in aid granted to the petitioners. It is contended that there is a reduction of strength in the students. Further, he submits that the Government has not passed any order under Section 105 of the Act of 1983. The petitioners have submitted a representation vide Annexure-P dated 03.01.1999 and the Additional Commissioner has forwarded a recommendation to the Senior Principal Secretary on 22.02.2019. The Government has not passed any order on the said representation vide Annexure-P and the recommendation made by the Additional Commissioner. Hence, on these grounds, he prays to issue a direction to respondent Nos.1 and 2. 5. Per contra, learned Additional Government Advocate submits that, if reasonable time is granted, respondent Nos.1 and 2 could consider Annexure-P and the recommendation made by the Additional - 10 - HC-KAR NC: 2025:KHC:48534 WP No. 20191 of 2021 Commissioner and pass an appropriate order in accordance with law. 6. In view of the submission made by the learned Additional Government Advocate, I proceed to pass the following: ORDER i. The writ petition is allowed-in-part. ii. Respondent Nos.1 and 2 are directed to consider Annexure-P, and the recommendation of the Additional Commissioner vide Annexure-K and pass an appropriate order in accordance with law within 8 weeks from the date of the receipt of the copy of the order. iii. Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB