- 1 - HC-KAR NC: 2025:KHC-D:11485 WP No. 103949 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8THDAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103949 OF 2023 (S-RES) BETWEEN: SHRI A F AGADI C/O FAKRUSAB AGADI AGED ABOUT 56 YEARS WORKING AS PEON R/A DOOR NO. 76,MILAN COLONY GUDIHALA ROAD,OLD HUBLI, HUBLI, KARNATAKA – 580 024. …PETITIONER (BY SRI. LAKSHMINARAYANA, SENIOR COUNSEL APPEARED FOR SMT. ANUSHA L., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT , M.S. BUILDING,BANGALORE-560001. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, PALACE ROAD,BANGALORE-560001. 3. 4. COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION UNNATHA SHIKSHNA SOUDHA, SESHADRI ROAD, BENGALURU-560001. PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, ROOM NO. 645 A, 6TH FLOOR, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11485 WP No. 103949 of 2023 5. 6. PRINCIPAL G.E.C.G.S PATIL ARTS & COMMERCE COLLEGE, KUNDAGOL, DHARWARD DISTRICT KARNATAKA-581113. JOINT DIRECTOR REGIONAL JOINT DIRECTOR OFFICE DEPARTMENT OF COLLEGIATE EDUCATION, DHARWAD REGION, DHARWAD-580001. …RESPONDENTS (BY SRI. P.N. HATTI., HCGP FOR R1 TO R4 &R6; R5-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO CONSIDER THE CASE OF THE PETITIONER FOR APPROVAL OF THE APPOINTMENT WITH GRANT-IN-AID AS RECOMMENDED BY THE OFFICE OF THE COMMISSIONER COLLEGIATE EDUCATION DATED. 10.11.2020 BEARING NO. KASHIE/44/G.M.D/89/DHAVI/NE.VI-2 (VIDE ANNEXURE-G), 05.09.2017 BEARING NO. KASHIE/44/GMD/89/DHAVI/NE.VI-2 (VIDE ANNEXURE-F) AND 06.07.2017 BEARING NO. KASHIE/ PRAKADHA/65/VETHANANANDANA/1/12-13 (VIDE ANNEXURE-E) AND THE SAME MAY BE CONSIDERED ON THE LINES OF SIMILAR CASES I.E.MUNIYELLAPPAS CASE IN W.P. NO. 963-965/2014 (ANNEXURE-N) AND MANOHARS CASE IN WP NO. 106113/2014 (ANNEXURE-M), INGALIGE CASE (ANNEXURE-P) AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11485 WP No. 103949 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ of mandamus to consider the case of the Petitioner for approval of the Appointment with Grant-in-Aid as recommended by the Office of the Commissioner Collegiate Education dated 10.11.2020 Bearing No.KASHIE/44/G.M.D/89/DHAVI/NE.VI-2 (VIDE ANNEXURE-G), 05.09.2017 Bearing No.. KASHIE/44/GMD/89/DHAVI/NE.VI-2 (VIDE ANNEXURE-F) AND 06.07.2017 Bearing No.. KASHIE/PRAKADHA/65/VETHANANANDANA/1/12-13 (VIDE ANNEXURE-E)and the same may be considered on the lines of similar cases i.e. Muniyellapp’s Case in W.P.No.963-965/2014 (Annexure-N) and Manohar’s Case in W.P.No.106113/2014 (Annexure-M), Ingalige case (Annexure-P); ii. Direct the Respondents to relax the Reservation Policy in terms of the Conditions in Para 1 (f) of the Government Order dated 28.07.1995 (Annexure-C) and treat the future vacancies as backlog vacancies and based on the said conditions and approve the Appointment of the petitioner in accordance with law. iii. Direct the respondents to pay regular salary attached to the post in terms of equal pay for equal work as per Article 39(d) of the Constitution of India. iv. Pass any other appropriate order or directions as deemed fit by this Hon’ble Court in the circumstances of the case to meet the ends of justice. - 4 - HC-KAR NC: 2025:KHC-D:11485 WP No. 103949 of 2023 2. The grievance of the petitioner is that the recommendation of respondent No.3 vide letter dated 10.11.2020 at Annexure-G and earlier recommendationdated05.09.2017at Annexure-F and 06.07.2017 at Annexure-E have not been considered in accordance with the orders passed by this Court in WP No.963-965/2014 and WP No.106113/2014. 3. The submission of learned AGA is that the petitioner is not eligible for consideration as made in those matters,since the post of the petitioner was not sanctioned. 4. Even if it were to be so, it was for the respondent to pass necessary order on the recommendation made and the representationsubmitted by the petitioner,samenothaving been done, I pass the following; ORDER i. The writ petition is allowed. ii. A mandamus is allowed, directing respondents to consider the recommendation at Annexure-G, F - 5 - HC-KAR NC: 2025:KHC-D:11485 WP No. 103949 of 2023 and E in terms of the orders passed by this Court at Annexure-N, M and P within a period of eight weeks from the date of receipt of copy of this order strictly in accordance with law. It is made clear that this court has not expressed any opinion on the merits of the matter. Sd/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 56