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2025 DAILYLAW 62503 (KAR)

CHOUDESHWARI SC/ST EDUCATION SOCIETY (R) v. THE STATE OF KARNATAKA

WP/108015/2023 · 2025-09-15

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12039 WP No. 108015 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 108015 OF 2023 (EDN-RES) BETWEEN: CHOUDESHWARI SC/ST EDUCATION SOCIETY (R) SHIRINAYAKANAKOPPA, POST: TATTUR-577433, TQ. SORAB, DIST. SHIVAMOGGA, R/BY. ITS PRESIDENT, SHRI K. MANJAPPA S/O. KOTRABASAPPA, AGE: 60 YEARS, OCC. PRESIDENT, CHOUDESHWARI SC/ST EDUCATION SOCIETY (R), R/O. 9TH CROSS, B-BLOCK, BASAVESHWAR NAGAR, HAVERI-581110, TQ / DIST. HAVERI. …PETITIONER (BY SRIYUTHS. A.S. PATIL, SABEEL AHMED AND S.A. HUDDAR, ADVOCATES) AND: 1. THE STATE OF KARNATAKA R/BY. ITS PRINCIPAL SECRETARY, TO THE DEPARTMENT OF PRE-UNIVERSITY EDUCATION, M.S. BUILDING, BENGALURU-560001. 2. THE DIRECTOR PRE UNIVERSITY EDUCATION, 18TH CROSS, MALLESHWARAM, BENGALURU-560001. 3. THE DEPUTY DIRECTOR OF Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12039 WP No. 108015 of 2023 PRE-UNIVERSITY EDUCATION (DDPU), UTTAR KARNATAKA DISTRICT, KARWAR-581301, TQ. KARWAR, DIST. UTTARA KANNADA. 4. THE PRINCIPAL, CHOUDESHWARI SC / ST EDUCATION SOCIETY’S JNANASAGAR, ARTS AND COMMERCE INDEPENDENT PRE-UNIVERSITY COLLEGE, BILAGI-581322, TQ. SIDDAPUR, DIST. UTTARA KANNADA. 5. SHRI. GANESH S/O. ISHWAR NAIK, AGE: 53 YEARS, OCC. LECTURER (DISMISSED), R/O. KOLSIRSI-581355, TQ. SIDDAPUR, DIST. UTTARA KANNADA. 6. SHRI VIJAYKUMAR H.S. AGE: 52 YEARS, OCC.LECTURER (DISMISSED), R/O. KOLSIRSI-581355, TQ.SIDDAPUR, DIST. UTTARA KANNADA. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 TO R3; NOTICE TO R4 TO R6 IS DEFERRED) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION QUASHING THE IMPUGNED COMMUNICATION DATED. 28.06.2023 BEARING NO. DPUE-EST 30 QQ (OTH)/8/2023-R AND G-DEPARTMENT OF PRE- UNIVERSITY EDUCATION-1071447 AS PER ANNEXURE-K, THE IMPUGNED COMMUNICATION DATED. 24.08.2023 BEARING NO. DPUE-EST 30 QQ (OTH)/8/2023-R AND G-DEPARTMENT OF PRE- UNIVERSITY EDUCATION AS PER ANNEXURE-H, ISSUED BY THE RESPONDENT NO.2 TO THE RESPONDENT NO.1 AND IMPUGNED COMMUNICATION DATED. 12.09.2023 BEARING NO. EP 48 TPU 2023 ISSUED BY THE RESPONDENT NO.1 TO THE RESPONDENT NO.2 AS PER ANNEXURE-J AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:12039 WP No. 108015 of 2023 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 petitioner is before this Court seeking for the following reliefs: i. Writ of Certiorari or any other Order or Direction quashing the impugned communication dated. 28.06.2023 bearing no. DPUE-EST 30 QQ (OTH)/8/2023-R and G-Department of Pre-University Education-1071447 as per ANNEXURE-K, the impugned communication dated. 24.08.2023 bearing no. DPUE-EST 30 QQ (OTH)/8/2023-R and G- Department Of Pre-University Education as per Annexure-H, issued by the respondent No.2 to the respondent No.1 and impugned communication dated 12.09.2023 bearing no. EP 48 TPU 2023 issued by the respondent no.1 to the respondent no.2 as per ANNEXURE-J. ii. Issue any other appropriate Writ or order or direction which deems fit to grant by this Hon’ble Court in the facts and circumstances of the case, to meet the ends of justice. 2. It is submitted that the appeal filed by the petitioner before the Education Appellate Tribunal is still pending consideration. - 4 - HC-KAR NC: 2025:KHC-D:12039 WP No. 108015 of 2023 3. Consequently, the directions issued by Respondent No.5, as referred to in the communication dated 28.06.2023 (Annexure–K), cannot be impugned at this stage, as the matter is sub judice before the competent forum. 4. In that view of the matter, while reserving liberty to the petitioner to approach this Court afresh after the disposal of the proceedings before the Education Appellate Tribunal, if the outcome is adverse to the petitioner, the writ petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 48