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2025 DAILYLAW 60098 (KAR)

SMT.MAHADEVI v. THE STATE OF KARNATAKA

WP/107167/2016 · 2025-09-10

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11678 WP No. 107167 of 2016 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107167 OF 2016 (S-RES) BETWEEN: SMT. MAHADEVI PARASHURAM HUTAGI, AGE: 37 YEARS, R/O. MANIKANTA NAGAR, 1ST CROSS, NEAR AYYAPPA TEMPLE, HEBBALLI AGSI, DHARWAD. …PETITIONER (BY SRI. J.S. SHETTY ASSOCIATES, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY LAW DEPARTMENT (HUMAN RIGHTS), VIKAS SOUDHA, BENGALURU. 2. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION, PALACE ROAD, BENGALURU. 3. THE DIRECTORATE OF COLLEGIATE EDUCATION PALACE ROAD, BENGALURU. 4. THE JOINT DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION, DHARWAD. 5. THE KPES DR.G.M. PATIL LAW COLLAGE, D.C. COMPOUND, DHARWAD, BY ITS PRINCIPAL. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11678 WP No. 107167 of 2016 6. KARNATAKA PROGRESSIVE EDUCATION SOCIETY (REGD) KPES, DR.G.M. PATIL LAW COLLAGE, BY ITS CHAIRMAN. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 TO R4; R5 AND R6-NOTICE SERVED) --- THIS WRIT PETITION IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: a) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT TO QUASH THE NOTIFICATION ISSUED BY THE RESPONDENT NO.5 AND 6 IN SAMYUKTA KARNATAKA DAILY NEWS PAPER DATED:16.08.2016, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE- A, AND ORDER NO.LAW 43 KLM 2013, DATED:26.08.2015 PASSED BY THE FIRST RESPONDENT, THE COPY OF WHICH HAS BEEN PRODUCING HEREWITH AND MARKED AS ANNEXURE-B, IN SO FOR AS THE PETITIONER IS CONCERNED; b) ISSUE A WRIT OF MANDAMUS DIRECTING THE FIRST RESPONDENT TO CONSIDER THE REPRESENTATION DATED:02.08.2016 BY THE PETITIONER, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-C, AND ALSO THE REPRESENTATION DATED:11.09.2015 MADE BY THE FIFTH RESPONDENT TO THE FIRST RESPONDENT, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE- D; c) ISSUE A WRIT OF MANDAMUS DIRECTING THE SECOND RESPONDENT TO CONSIDER THE REPRESENTATION DATED:11.09.2015 MADE BY THE FIFTH RESPONDENT AND RECOMMENDED BY THE FOURTH RESPONDENT, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-E AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11678 WP No. 107167 of 2016 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of certiorari or any other writ or direction in the nature of writ to quash the notification issued by the respondent No.5 and 6 in Samyukta Karnataka Daily News Paper dated:16.08.2016, the copy of which has been produced herewith and marked as Annexure- A, and order No. Law 43 KLM 2013, dated:26.08.2015 passed by the first respondent, the copy of which has been producing herewith and marked as Annexure- B, in so for as the petitioner is concerned. b. Issue a Writ of Mandamus directing the first respondent to consider the representation dated:02.08.2016 by the petitioner, the copy of which has been produced herewith and marked as Annexure-C, and also the representation dated:11.09.2015 made by the fifth respondent to the first respondent, the copy of which has been produced herewith and marked as Annexure-D. c. Issue a Writ of Mandamus directing the second respondent to consider the representation dated:11.09.2015 made by the fifth respondent and recommended by the fourth respondent, the copy of which has been produced herewith and marked as Annexure- E. - 4 - HC-KAR NC: 2025:KHC-D:11678 WP No. 107167 of 2016 d. Any other writ or direction which this Hon’ble court deems fit to grant in the facts and circumstances of the case, may kindly be granted in favour of the petitioners, by allowing this writ petition, in the ends of justice and equity. 2. A memo dated 09.09.2025 singed by the petitioner and learned counsel for the petitioner, has been filed, which reads as under; “The petitioner respectfully submits as under: The petitioner respectfully submits that she was appointed as a full time Lecturer in the fifth respondent College on 1-8-2009 and since then she is discharging her duties, to the satisfaction of all the concerned and she has also discharged her duties for more than 16 years. The petitioner is also belongs to Scheduled Caste and she has completed her M.Phil degree on 21-4-2009. Now she has also completed Ph.D and as such she is eligible for the post of Assistant Professor, for which post the Government has already extended the benefit of grant in aid by reserving the post for scheduled caste. Now the college has also agreed for resubmission of the proposal for approval of the appointment of the petitioner and for extension of the benefit of grant in aid, in respect of the petitioner's post. However as the matter, is pending before this Honourable Court, the authorities are not taking any decision. In view of these further developments, the petitioner is intending to withdraw this writ petition, with liberty pursue her remedy before the competent authorities. Therefore this writ petition may kindly - 5 - HC-KAR NC: 2025:KHC-D:11678 WP No. 107167 of 2016 be dismissed as withdrawn, with liberty to approach this Honourable court again.” 3. Accepting the said memo and submission of the counsel for the petitioner, petition is dismissed as withdrawn. 4. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 150