- 1 - HC-KAR NC: 2025:KHC-D:9452 WP No. 101087 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.101087 OF 2025 (S-RES) BETWEEN: SMT. SAVITRI NINGABASAPPA ADIN W/O. LATE NINGABASAPPA ADIN, AGE: 38 YEARS, R/AT: KALLAPUR, SHIROL POST, NARAGUND TALUK, GADAG TALUK. …PETITIONER (BY SRI. VIJAYKUMAR B. BAJENTRI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, M.S.BUILDING, BENGALURU – 560 001. 2. THE DIRECTOR, PRE UNIVERSITY EDUCATION BOARD, 18TH CROSS, MALLESHWARAM, BENGALURU – 560 003. 3. THE DEPUTY DIRECTOR, PRE UNIVERISTY AND VOCATIONAL, EDUCATION DEPARTMENT, DHARWAD DISTRICT, DHARWAD. 4. THE PRESIDENT, SRI KANAKADAS SHIKSHAN SAMITHI, VIJAYANAGARA PRE UNIVERSITY COLLEGE, VIDYANAGAR, HUBBALLI – 580 031. …RESPONDENTS (BY SRI. P.N.HATTI, HCGP FOR R1 TO R2; R4 – SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER DIRECTING THE RESPONDENTS 1 TO 3 TO CONSIDER THE CLAIM OF THE PETITIONER FOR APPOINTMENT ON COMPASSIONATE GROUNDS ON THE BASIS OF THE APPLICATION SUBMITTED BY HER ON 16.5.2024 (VIDE ANNEXURE-F) WITHIN A TIME LIMIT TO BE STIPULATED BY THIS HON’BLE COURT AND ETC., Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9452 WP No. 101087 of 2025 THIS WRIT 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 a writ of mandamus or any other appropriate writ or order directing the Respondents 1 to 3 to consider the claim of the Petitioner for appointment on compassionate grounds on the basis of the application submitted by her on 16.5.2024 (vide Annexure- F) within a time limit to be stipulated by this Hon’ble court. II. To pass such other order as this Hon’ble Court deems fit in the facts and circumstances of the case. 2. The petitioner’s husband was appointed as a Physical Education Teacher on 2.07.2001 in an educational institution run by respondent No.4, which was admitted to grant-in-aid on 26.10.2015. 3. Unfortunately, the petitioner’s husband expired on 19.07.2023 while in service. In light of this, the petitioner submitted an application dated 16.05.2024 seeking appointment on compassionate grounds under the applicable government policy. Respondent No. 4, the management of the - 3 - HC-KAR NC: 2025:KHC-D:9452 WP No. 101087 of 2025 aided institution, forwarded the petitioner’s request to respondent No. 3 under cover of its letter dated 06.06.2024, recommending consideration of the petitioner’s case. Despite the lapse of a reasonable time and the forwarding of the application by the competent authority, no action has been taken by respondent No.3 or other concerned respondents, compelling the petitioner to approach this Court. 4. Having considered the material on record and the submissions made, this Court is of the view that once the institution in which the deceased was employed has forwarded the request with recommendation, the competent authority was under a duty to consider the same and pass appropriate orders in accordance with law. 5. The inaction on the part of the respondent authorities, despite a clear recommendation, is not justified. 6. Accordingly, the following order is passed: ORDER I. The writ petition is allowed. - 4 - HC-KAR NC: 2025:KHC-D:9452 WP No. 101087 of 2025 II. A writ of mandamus is issued directing respondents No. 1 to 3 to consider the petitioner’s application dated 16.05.2024, for compassionate appointment, in the light of the recommendation made by respondent No. 4 on 06.06.2024, and to take a decision thereon in accordance with law. III. The above exercise shall be completed within a period of eight weeks from the date of receipt of a certified copy of this order. IV. There shall be no order as to costs. SD/- (SURAJ GOVINDARAJ) JUDGE VB/CT-ASC List No.: 1 Sl No.: 33