- 1 - HC-KAR NC: 2025:KHC-D:14060 WP No. 104462 of 2014 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104462 OF 2014 (S-RES) BETWEEN: KANARA EDUCATION SOCIETY, A SOCIETY REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT, KUMTA: 581 343 DIST: UTTARA KANNADA, BY ITS CHAIRMAN OF THE GOVERNING BODY, SRI. VASUDEV Y. PRABHU S/O. LATE YESHAVANTH PRABHU, AGE: 62 YEARS, R/O. BASTI PET, KUMTA, DIST: UTTAR KANNADA. …PETITIONER (BY SRI. J. S. SHETTY, ADVOCATE) AND: 1. THE COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTIONS, RODDA ROAD, DHARWAD, DIST: DHARWAD. 2. BLOCK EDUCATION OFFICER, KUMTA, DIST: UTTAR KANNADA. 3. THE DIRECTOR, DEPARTMENT OF VOCATIONAL EDUCATION, BANGALORE. 4. THE COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTIONS, NRUPATUNGA ROAD, BANGALORE. 5. THE STATE OF KARNATAKA, BY ITS UNDER SECRETARY, DEPARTMENT OF PRIMARY AHD HIGHER EDUCATON AND EDUCATION COMMITTIES, M. S. BUILDING, BANGALORE. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14060 WP No. 104462 of 2014 6. SMT. SUNITA DATTETREYA INGLE, AGE: MAJOR R/O: B. R. AMBEDKAR JUNIOR COLLEGE, SHIDENUR, TQ: BYADAGI, DIST: HAVERI. 7. RATHNAKKA PATIL , AGE: MAJOR R/O: GOVERNMENT JUNIOR COLLEGE, RAMADURG, DIST: BELAGAVI. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 TO R5; R6 AND R7 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT, OR DIRECTION IN THE NATURE TO WRIT TO QUASH THE ORDER NO.G 12 KHA SHI. A: JOC:31.2011- 12/3253, DATED 03.02.2014, THE ORDER NO.G 12 KHA SHI.A.JOC:31.2011-12/3177 DATED 03.02.2013, ISSUED BY THE FIRST RESPONDENT - THE COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTIONS, DHARWAD, THE COPIES WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-A AND B AND ALSO THE ORDER NO. G 12 KHA SHI.A:JOC:31.2011-12, DATED 18.02.2014, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AT ANNEXURE-C, THE ORDERS DATED 26.02.2014 No.T1/JOC/2013- 14, ISSUED BY THE SECOND RESPONDENT, THE COPIES OF WHICH HAS BEEN PRODUCED HEREWITH AT ANNEXURE-D AND E, THE GOVERNMENT ORDER NO.ED 163 TVE 2012 (PART I) DATED 03.01.2014, ISSUED BY THE FIFTH RESPONDENT, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-F AND ALSO THE NOTIFICATION NO. ED 61 SMC 2009 DATED 03.09.2010, ISSUED BY RESPONDENT NO.5, GAZETTED IN KARNATAKA GAZETTE, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-G AND ALSO THE CORRIGENDUM NO. ED 39 SMC 2010 DATED 01.10.2010 ISSUED BY RESPONDENT NO.5, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-H. A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 5, TO CONSIDER THE CONSIDER THE REPRESENTATION DATED 22.02.2014, MADE BY THE PETITIONERS, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-J. - 3 - HC-KAR NC: 2025:KHC-D:14060 WP No. 104462 of 2014 THIS WRIT PETITION, COMING ON FOR PRELIMNARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking following prayer: a. Issue Writ of certiorari or any other writ, or Direction in the nature to writ to quash the order No.G 12 Kha Shi. A: JOC:31.2011-12/3253, dated 03.02.2014, the order no.G 12 Kha Shi.A.JOC:31.2011-12/3177 dated 03.02.2013, issued by the first respondent - the Commissioner, Department of Public Instructions, Dharwad, the copies which has been produced herewith and marked as Annexure-A and B and also the order no. G 12 Kha Shi.A:JOC:31.2011-12, dated 18.02.2014, the copy of which has been produced herewith at Annexure-C, the orders dated 26.02.2014 No.T1/JOC/2013-14, issued by the second respondent, the copies of which has been produced herewith at Annexure-D and E, the Government order no.ED 163 TVE 2012 (Part I) dated 03.01.2014, issued by the fifth respondent, the copy of which has been produced herewith and marked as Annexure-F and also the notification no. ED 61 SMC 2009 dated 03.09.2010, issued by Respondent no.5, gazetted in Karnataka Gazette, the copy of which has been produced herewith and marked as Annexure-G and also the corrigendum no. ED 39 SMC 2010 dated 01.10.2010 issued by Respondent no.5, the copy of which has been produced herewith and marked as Annexure-H. b. A writ of mandamus directing the respondents No.1 to 5, to consider the consider the representation dated 22.02.2014, made by the petitioners, the copy of which has been produced herewith and marked as Annexure-J. - 4 - HC-KAR NC: 2025:KHC-D:14060 WP No. 104462 of 2014 c. Any other relief which this Honorable Court deems fit to grant, may kindly be granted in favour of the petitioner, by allowing this writ petition with cost through out, in the interest of justice and equity. 2. Learned counsel appearing for the petitioner submits that respondent Nos.6 and 7, in whose benefit a direction was issued to report to duties invoking on the policy of reservation of the State. The learned counsel for the petitioner submits that the petitioner is a minority institution and therefore the policy of reservation would not become applicable to the minority institution and also submits that they would become excess teachers if they are inducted into the petitioner. The learned counsel further submits that respondent Nos.6 and 7 have never reported duties pursuant to the directions of the State. 3. In the light of the said circumstance, without going into the merit of the matter as to whether the reservation policy can be imposed upon minority institutions or the teachers would become in excess. In the light of the fact that the respondents are not in excess and are not - 5 - HC-KAR NC: 2025:KHC-D:14060 WP No. 104462 of 2014 reported to duties, I deem it appropriate to dispose the petition, reserving liberty to the petitioner to avail of a remedy as available in law in appropriate time. Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 95