- 1 - HC-KAR NC: 2025:KHC-D:17053 WP No. 105310 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105310 OF 2024 (S-RES) BETWEEN: JAYASHREE PAWADI PUJARI AGE. 35 YEARS, OCC. PVT SERVICE, R/O KAKAMARI, TAL ATHANI DIST. BELAGAVI 591265. …PETITIONER (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF EDUCATION, VIDANA SOUDHA, BENGALURU 560001. 2. THE COMMISSIONER, DEPARTMENT OF PUBLIC EDUCATION, PALACE ROAD, BENGALURU 560009. 3. THE COMMISSIONERATE, DEPARTMENT OF PUBLIC EDUCATION, RODDA ROAD, SAIDAPUR, DHARWAD 580008 BY ADDITIONAL COMMISSIONER. 4. THE DEPUTY DIRECTOR, DEPARTMENT OF PUBLIC EDUCATION, CHIKKODI, TAL: CHIKKODI DIST. BELAGAVI 591201. 5. THE BLOCK EDUCATION OFFICER, PUBLIC EDUCATION DEPARTMENT , ATHANI ZONE TAL ATHANI, DIST. BELAGAVI -591304 Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17053 WP No. 105310 of 2024 6. SHRI. KALIDAS EDUCATIONAL INSTITUTIONS VIJAYAPURA, TORVI ROAD, VIJAYAPURA, KARNATAKA 586108 BY PRESIDENT 7. SHRI AMMAJESHWARI HIGH SCHOOL KAKAMARI TAL. ATHANI, DIST. BELAGAVI - 591265 BY ITS HEAD MASTER. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R4; SMT. VEENA HEGDE, ADVCOATE FOR R6 AND R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A. ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ENDORSEMENT DATED 23/08/2016 IN BEARING NO. ffff3:±Á²C;ªÉÃC£ÀÄ;PÀPÀªÀÄj :±Á²C;ªÉÃC£ÀÄ;PÀPÀªÀÄj :±Á²C;ªÉÃC£ÀÄ;PÀPÀªÀÄj :±Á²C;ªÉÃC£ÀÄ;PÀPÀªÀÄj.64.2009-10-1992 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-“E”. B. ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ENDORSEMENT DATED 07/07/2017 IN BEARING NO.JJJJ4 /SÁ±Á/£ÉêÀÄPÀ /SÁ±Á/£ÉêÀÄPÀ /SÁ±Á/£ÉêÀÄPÀ /SÁ±Á/£ÉêÀÄPÀ////2017-18/249 ISSUED BY THE RESPONDENT NO.5 VIDE ANNEXURE-H. C. ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE PAPER ADVERTISEMENT/RECRUITMENT CALLING FOR THE POST OF SDA DATED 06/07/2024 PUBLISHED IN VIJAY- KARNATAKA NEWSPAPER DATED 10/07/2024 AT THE RESPONDENT NO.7 SCHOOL BY THE RESPONDENT NO.6 VIDE ANNEXURE-L. D. SEEKING WRIT IN THE NATURE OF MANDAMUS OR DIRECTION, DIRECTING THE RESPONDENTS TO APPROVE THE APPOINTMENT OF PETITIONER (JAYASHREE PAWADI PUJARI) AS PER LETTER DATED 18/01/2018 BEARING JJJJ7/eɦ¦/¢üézÀ¸À/£ÉêÀÄPÁw eɦ¦/¢üézÀ¸À/£ÉêÀÄPÁw eɦ¦/¢üézÀ¸À/£ÉêÀÄPÁw eɦ¦/¢üézÀ¸À/£ÉêÀÄPÁw/PÁgÀt PÁgÀt PÁgÀt PÁgÀt-PÉà PÉà PÉà PÉÃ/2017-18/939 ISSUED BY THE RESPONDENT NO.5 VIDE ANNEXURE-K. E. AND SEEKING THE WRIT OF MANDAMUS OR DIRECTING THE RESPONDENTS TO RECKON THE ACCOUNT OF THE PAST SERVICE RENDERED BY THE PETITIONER FROM THE DATE OF HER INITIAL APPOINTMENT FOR THE PURPOSE OF FIXATION OF PAY SCALE, SENIORITY AND OTHER CONSEQUENTIAL SERVICE BENEFITS. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17053 WP No. 105310 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court calling in question an endorsement dated 23.08.2016 by which the appointment of the petitioner is declined to be approved on the score that the policy of reservation has not been followed at the time of appointment of the petitioner. 2. Heard the learned counsel Sri.Vitthal S.Teli for the petitioner and the learned HCGP Smt.Girija S.Hiremath appearing for the respondent-State. 3. Facts in brief germane are as follows: The respondent Nos.6 and 7 are said to have issued a recruitment notification calling for applications for the post of Second Division Assistant on 05.06.2007. Pursuant to the selection process so notified by the 6th and 7th respondent, the petitioner comes to be appointed on 05.07.2007. The respondent No.7 comes within the ambit of grants, in the year 2012, from the hands of the State. The post of the petitioner is refused to be approved on the score that the policy of reservation was not - 4 - HC-KAR NC: 2025:KHC-D:17053 WP No. 105310 of 2024 followed in the time when the recruitment notification was issued by the respondent No.6 and respondent No.7. Therefore, the petitioner is before this Court calling in question the said endorsement which declines approval of the post of the petitioner. 4. The learned counsel Sri.Vitthal S Teli appearing for the petitioner submits the policy of reservation in the recruitment to the aided institution comes about only in the year 2008 and the recruitment had taken place on 05.07.2007, which was prior to the very Government Order which determines reservation to the post in the aided institutions or approved institutions as the case would be. 5. The learned HCGP Smt.Girija S Hiremath though would seek to refute the submissions of the learned counsel appearing for the petitioner, is not in a position to dispute that the Government Order depicting reservation comes about only in the year 2008. 6. In the light, the issue thus would now lie in a very narrow compass. The issue is whether the policy of reservation that comes about in the year 2008, could be made applicable - 5 - HC-KAR NC: 2025:KHC-D:17053 WP No. 105310 of 2024 retrospectively to the posts that were notified and appointed in the year 2007. The answer is an unequivocal and emphatic “No”. The Government Order did not have retrospective effect for the reservation policy to be followed when the notification was issued and the appointment was made. On this solitary score, without entering into other issues, the rejection of the approval of the petitioner requires to be obliterated and a direction to approve the appointment of the petitioner ensues. 7. With the aforesaid reasons the following: ORDER I. Writ Petition is allowed. II. The endorsement dated 23.08.2016 issued by the respondent No.3 stands quashed. III. The endorsement dated 07.07.2017 issued by the respondent No.5 stands quashed. IV. The paper/advertisement/recruitment calling for the post of second division assistant dated 06.07.2024 stands quashed. V. Mandamus issues to the respondent Nos.6 and 7 to approve the appointment of the petitioner - 6 - HC-KAR NC: 2025:KHC-D:17053 WP No. 105310 of 2024 in accordance with law, within an outer limit of 8 weeks from the date of receipt of copy of the order. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.:1 Sl No.:23