- 1 - HC-KAR NC: 2025:KHC-D:16869 WP No. 107744 of 2017 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107744 OF 2017 (S-RES) BETWEEN: HAMESH S/O MANAPPA RATHOD, AGE: 36 YEARS, PHYSICAL EDUCATION TEACHER, MORARJI DESAI RESIDENTIAL SCHOOL, HIREWADDATTI VILLAGE, TQ: MUNDARAGI, DIST: GADAG. … PETITIONER (BY SRI. LINGRAJ MARADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS CHIEF SECRETARY, VIDHAN SOUDHA, BENGALURU-01. 2. THE STATE OF KARNATAKA, BY ITS PRL. SECRETARY, DEPT. OF SOCIAL WELFARE, M.S. BUILDING, BENGALURU. 3. THE STATE OF KARNATAKA, BY ITS PRL. SECRETARY, DEPT. OF RURAL DEVELOPMENT & PANCHAYAT RAJ, M.S. BUILDING, BENGALURU. 4. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF EDUCATION Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16869 WP No. 107744 of 2017 (PRIMARY AND SECONDARY EDN) M.S. BUILDING, BENGALURU. 5. EXECUTIVE DIRECTOR, KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, #179, 3RD FLOOR, I MAIN ROAD, SESHADRIPURAM, BENGALURU. 6. CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, GADAG. 7. DISTRICT OFFICER, BACKWARD CLASS & MINORITY DEPARTMENT, GADAG. 8. TALUKA WELFARE OFFICER, MUNDARAGI, GADAG. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R4; SHRI SUNIL DESAI, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT ALL RESPONDENT AUTHORITIES TO CONSIDER THE CLAIM OF THE PETITIONER IN THE LIGHT OF W.A. NO.30067 OF 2013 I.E., VIDE ANNEXURE-D FOR EXTENDING THE BENEFIT OF WEIGHTAGE OF 5% FOR EACH COMPLETED YEAR OF SERVICE RENDERED BY THE PETITIONER IN THE RESPONDENT INSTITUTION. THIS PETITION, COMING ON FOR PRL. HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:16869 WP No. 107744 of 2017 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “Wherefore it is prayed that this Hon'ble Court may be pleased to 1. Issue writ in the nature of mandamus to direct the all respondent authorities to consider the claim of the petitioner in the light of W.A.No:30067/2013 1,e vide ANNEXURE-D for extending the benefit of weightage of 5% for each completed year of service rendered by the petitioner in the respondent institutions. 2. Issue writ in the nature of mandamus to directing the respondents authorities to consider the name of petitioner for the post of Physical Education Teacher as per provisional list dated 7-7-2014 vide ANNEXURE-E respectively in so far as petitioner is concerned. 3. Pass any such other and further writ, order or direction as deem fit under the facts and circumstances of the case in the interest of justice and equity.” 2. The prayer of the petitioner is to consider the claim for benefit of extending weightage of 5% for every completed year of service and consider the provisional select list in the cadre of Physical Education Teacher dated 07.07.2014. - 4 - HC-KAR NC: 2025:KHC-D:16869 WP No. 107744 of 2017 3. Learned counsel for the petitioner submits that pursuant to the provisional select list, a final select list is notified and appointments are ordered long ago. The petitioner's case if directed to be considered now, all the other persons who are appointed ought to be made party respondents to these proceedings. In the light of the petitioner seeking a mandamus to consider his name for the post of Physical Education Teacher in terms of the provisional select list and the final select list and appointments being made later, nothing would survive today in the form that the petition is presented. 4. Reserving liberty to the petitioner to avail of such remedy as available in law, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT: ASC List No.: 2 Sl No.: 121