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2025 DAILYLAW 53457 (KAR)

SRI. NAGARAJ G. HEGDE, S/O. GANAPATHI HEGDE, v. THE STATE OF KARNATAKA

WP/105466/2025 · 2025-08-05

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9808 WP No. 105466 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105466 OF 2025 (S-REG) BETWEEN: SRI. NAGARAJ G. HEGDE S/O. GANAPATHI HEGDE, AGED ABOUT 54 YEARS, OCCUPATION: KANNADA LECTURER, S.D.M. COLLEGE, HONNAVARA, UTTARA KANNADA DISTRICT-581334. …PETITIONER (BY SRI. NAGARAJA H.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPT. OF EDUCATION (HIGHER EDUCATION), VIDHANA SOUDHA, BENGALURU-560001. REP. BY ITS CHIEF SECRETARY. 2. THE COMMISSIONER, DEPT. OF COLLEGIATE EDUCATION, SESHADRI ROAD, BENGALURU-560001. 3. REGIONAL JOINT DIRECTOR, DEPT. OF COLLEGIATE EDUCATION, MINI VIDHANA SOUDHA, DHARWAD-580001. 4. ADDITIONAL DIRECTOR, COMMISSIONERATE OFFICE, SESHADRI ROAD, BENGALURU-560001. Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9808 WP No. 105466 of 2025 5. MALNAD PROGRESSIVE SOCIETY, S.D.M. COLLEGE, HONNAVAR, DIST. UTTARA KANNADA-581334. REP. BY ITS PRESIDENT. 6. THE PRINCIPAL, S.D.M. COLLEGE, UTTARA KANNADA DISTRICT-581334. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 TO R4; NOTICE TO R5 AND R6 IS DISPENSED WITH (V/O. DATED 05.08.2025)) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA 1950, PRAYING TO A) TO ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER DIRECTING THE RESPONDENT NO.1 AND 2 TO CONSIDER THE REPRESENTATION DATED 16.01.2025 AND DIRECT THEM TO REGULARIZE THE SERVICE OF THE PETITIONER WITH RETROSPECTIVE EFFECT FROM 19.02.2010 AND TO GRANT SERVICE BENEFITS FROM THE DATE OF APPOINTMENT, WHICH IS PRODUCED AT ANNEXURE-A AND B RESPECTIVELY. B. AND ALSO PASS SUCH OTHER AND FURTHER RELIEF AS THIS HON’BLE COURT DEEMS FIT CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE, TO MEET THE ENDS OF JUSTICE. 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. Learned AGA accepts notice for respondent Nos.1 to 4. Notice to respondent Nos.5 and 6 is dispensed with in view of proposed order to be passed. - 3 - HC-KAR NC: 2025:KHC-D:9808 WP No. 105466 of 2025 2. The petitioner is before this Court seeking for the following reliefs: A) To issue Writ of Mandamus or any other appropriate writ or Order directing the respondent no.1 and 2 to consider the representation dated 16.01.2025 and direct them to regularize the service of the petitioner with retrospective effect from 19.02.2010 and to grant service benefits from the date of appointment, which is produced at Annexure-A and B respectively. B. And also pass such other and further relief as this Hon’ble Court deems fit considering the facts and circumstances of the case, to meet the ends of justice. 3. The petitioner had made a representation to respondent Nos.1 and 2 on 16/1/2025 for regularisation of their services. The same not having been considered, the petitioner is before this Court. 4. Whenever any representation is submitted by a citizen to an authority, it is the duty of that authority to consider the same in accordance with law, either accepting or rejecting the request, and pass an order within a reasonable time. Since the authorities have failed to do so, I pass the following: - 4 - HC-KAR NC: 2025:KHC-D:9808 WP No. 105466 of 2025 ORDER i) The writ petition is allowed. ii) The respondent Nos.1 and 2 are directed to consider and pass orders in respect of representation submitted by petitioner dated 16.01.2025, within period of eight weeks from the date of receipt of copy of the order. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA LIST NO.: 1 SL NO.: 93