- 1 - HC-KAR NC: 2025:KHC-D:12402 WP No. 102798 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102798 OF 2023 (S-RES) BETWEEN: 1. SRI. V. H. MIRJI AGE: 65 YEARS, WORKED AS A LECTURER IN JYOTI P.U. COLLEGE, BELAGAVI, DIST. BELAGAVI. 2. SRI. D. S. SHINDE AGE: 64 YEARS, WORKED AS A LECTURER IN JYOTI P.U. COLLEGE, BELAGAVI, DIST. BELAGAVI. …PETITIONERS (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPT. OF LAW AND PARLIAMENTARY AFFAIRS, VIDHANA SOUDHA, BENGALURU-560001. 2. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION, COLLEGIATE EDUCATION, M.S. BUILDING, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12402 WP No. 102798 of 2023 BENGALURU-560001. 3. THE DIRECTOR OF PRI UNIVERSITY BOARD, 18TH CROSS, MALLESHWARAM, BENGALURU-560008. 4. THE ACCOUNTANT GENERAL IN KARNATAKA (ENTITLEMENT AND ACCOUNTS), PARK HOUSE, BENGALURU-560001. …RESPONDENTS (BY SRI. P.N. HATTI, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) STRUCK DOWN THE IMPUGNED LEGISLATION VIZ., THE KARNATAKA EDUCATION (AMENDMENT) ACT, 2015 (KARNATAKA ACT NO.4/2015) PUBLISHED IN KARNATAKA GAZETTE DATED 09.01.2015 PASSED BY THE 1ST RESPONDENT BEARING No.¸ÀAªÀå±ÁE 41 ±Á¸À£À 2014, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ 09.01.2025 VIDE ANNEXURE-F AS ULTRA VIRUS AS IT IS OPPOSED TO THE ARTICLE 14 OF THE CONSTITUTION OF INDIA AS IT ENCROACHES UPON THE JUDICIAL POWERS OF THE COURTS AND CONSEQUENTLY DIRECT THE RESPONDENTS TO GRANT THE BENEFIT OF ONE ADDITIONAL INCREMENT TO THE PETITIONERS FOR HAVING PASSED KANNADA LANGUAGE EXAMINATION OR EQUIVALENT TO IT BY ALLOWING THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. (B) ISSUE A WRIT OF MANDAMUS OF ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO EXTEND THE BENEFIT OF THE KARNATAKA CIVIL SERVICES (SERVICE AND KANNADA LANGUAGE EXAMINATION) RULES, 1974 READ WITH THE - 3 - HC-KAR NC: 2025:KHC-D:12402 WP No. 102798 of 2023 CIRCULAR DATED 03.11.2000 bearing no. ¹C¸ÀÄE:34:¸À¸À¤:97 AND 12.09.2001 BEARING NO. ¹C¸ÀÄE:34:¸À¸À¤:97 (PRODUCED AT ANNEXURE-A AND B) TO THE PETITIONERS I.E., GRANT OF ONE ADDITIONAL INCREMENT WITH ALL CONSEQUENTIAL BENEFITS TO THE PETITIONERS. 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. The petitioners are before this Court seeking for the following reliefs: a. Struck down the impugned legislation viz., the Karnataka Education (Amendment) Act, 2015 (Karnataka Act No.4/2015) published in Karnataka Gazette dated 09.01.2015 passed by the 1st respondent bearing no.¸ÀAªÀå±ÁE 41 ±Á¸À£À 2014, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ 09.01.2025 vide Annexure-F as Ultra Virus as it is opposed to the article 14 of the Constitution of India as it encroaches upon the judicial powers of the Courts and consequently Direct the Respondents to grant the benefit of one additional increment to the petitioners for having passed Kannada Language Examination or equivalent to it by allowing the writ petition in the interest of justice and equity. b. Issue a Writ of Mandamus of any other appropriate writ, order or direction, directing the respondents - 4 - HC-KAR NC: 2025:KHC-D:12402 WP No. 102798 of 2023 to extend the benefit of the Karnataka Civil Services (Service and Kannada Language Examination) Rules, 1974 read with the Circular dated 03.11.2000 bearing no. ¹C¸ÀÄE:34:¸À¸À¤:97 AND 12.09.2001 bearing no. ¹C¸ÀÄE:34:¸À¸À¤:97 (Produced at Annexure-A and B) to the petitioners i.e., grant of one additional increment with all consequential benefits to the petitioners. c. Pass any other appropriate Order, Writ, or directions as this Hon’ble Court may deem fit under the facts and circumstances of the case in the ends of justice and equity. 2. Learned AGA submits that this Court, in W.P. No. 105439/2014 and W.P. Nos.108382–417/2014, has quashed the Karnataka Education (Amendment) Act, 2015 (Act No. 4 of 2015), which is presently under challenge in W.A. No.100003/2021, wherein an interim order of stay has been granted. 3. In such circumstances, any orders passed in the said writ appeal would be binding on all the parties to the proceedings. Since the Division Bench is seized of the very same issue, the question of re-agitating the matter in the present petition does not arise. - 5 - HC-KAR NC: 2025:KHC-D:12402 WP No. 102798 of 2023 4. With the above observations, the writ petition stands disposed of, reserving liberty to the petitioners to take appropriate steps in light of the final outcome of W.A. No. 100003/2021. Sd/- (SURAJ GOVINDARAJ) JUDGE Vb Ct:pa List No.: 1 Sl No.: 4