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2025 DAILYLAW 64267 (KAR)

ROSHAN JAMEER S/O NAJIR AHMAD PANCHKHAN v. THE STATE OF KARNATAKA

WP/113564/2015 · 2025-11-05

M Nagaprasanna

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:15098 WP No. 113564 of 2015 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 113564 OF 2015 (S-RES) BETWEEN: ROSHAN JAMEER S/O. NAJIR AHMAD PANCHKHAN AGE: 26 YEARS, OCC: PHYSICAL EDUCATION TEACHER, R/O: MOMINGALLI, BANKAPUR, TQ: SHIGGAON, DIST: HAVERI. …PETITIONER (BY SRI. SURESH N. KINI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY CHIEF SECRETARY DEPARTMENT OF PUBLIC INSTRUCTIONS, M.S.BUILDING AMBEDKAR VEEDHI, BENGALURU-560001 2. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS, DHARWAD, TQ:DIST:DHARWAD. 3. THE DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTIONS HAVERI, TQ:DIST:HAVERI. 4. THE BLOCK EDUCATION OFFICER SHIGGAON, TQ:SHIGGAON DIST: HAVERI. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.11.07 11:53:51 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15098 WP No. 113564 of 2015 5. THE ANJUMAN-E-ISLAM, BANKAPUR REP. BY ITS PRESIDENT SHRI. AYUBKHAN S/O. MAHABOOBKHAN PATHAN, R/O:PUSTHU MOHALLA, BANKAPUR, TQ:SHIGGAON, DIST:HAVERI. 6. THE MANAGING COMMITTEE, S.A.Q. ANGLO URDU HIGH SCHOOL, BANKAPUR, REP. BY SHRI.A.H.TAHASILDAR, SECRETARY, ANJUMAN-E-ISLAM, BANKAPUR, R/O:MOMINGALLI, BANKAPUR TQ:SHIGGAON, DIST: HAVERI. 7. THE HEAD MASTER, S.A.Q. ANGLO URDU HIGH SCHOOL, BANKAPUR, TQ:SHIGGAON, DIST:HAVERI. 8. SRI. NAZEEM AHMED HAJARAT SAHEB DOLLESHWAR AGE: MAJOR, OCC: TEAHCER, R/O:KARAGUDRI, TQ:HANGAL, DIST:HAVERI. …RESPONDENTS (BY SMT. GIRIJA s. HIREMATH, ADVOCATE FOR R1 TO R4; SRI. M.M.KHANNUR, ADVOCATE FOR C/R6; SRI. SIDDAPPA S. SAJJAN, ADVOCATE FOR R7; R5 AND R8 ARE SERVED) WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: i. QUASH THE ENTIRE PROCESS OF SELECTION IN PURSUANCE OF THE ANNEXURE-A BEARING NO.G4: (1) SHAASHI AA: KHAAHUTUM:ANUMATHI:24:10-11/1384 DATED 28.07.2010 ISSUED BY RESPONDENT NO.2 AS THE SAME HAVE NOT BEEN COMPLIED WITH, - 3 - HC-KAR NC: 2025:KHC-D:15098 WP No. 113564 of 2015 ii. ISSUE AN ORDER, DIRECTION, WRIT ON THE NATURE OF CERTIORARI OR ANY ORDER OR ANY DIRECTIONS QUASHING THE ORDER OF MODIFICATION PRODUCED HEREWITH AS ANNEXURE-E BEARING NO.G4(1) SHASHI AA: KHAAHUTUM:ANUMATHI:24:10-11 DATED 30.09.2010 ISSUED BY RESPONDENT NO.2. iii. ISSUE AN ORDER, DIRECTION, WRIT ON THE NATURE OF CERTIORARI OR ANY ORDER OR ANY DIRECTIONS QUASHING THE ORDER OF DISMISSAL OF THE APPEAL NO.09/2015-16 BY IMPUGNED ORDER DATED 08.09.2015 PASSED BY THE RESPONDENT NO.2 PRODUCED HEREWITH AS ANNEXURE-H. iv. TO ISSUE WRIT OF MANDAMUS OR ANY ORDER OR DIRECTION TO DIRECT THE RESPONDENT NO.1 TO 3 TO ISSUE FRESH ORDER/PERMISSION FOR APPOINTMENT OF THE POSTS OF THE PHYSICAL EDUCATION TEACHER. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: i. To quash the entire process of selection in pursuance of the Annexure-A bearing No.g4: (1) shaashi Aa: khaahutum:anumathi”:24:10-11/1384dated 28.07.2010 issued by Respondent No.2 as the same have not been complied with, ii. Issue an order, direction, writ on the nature of certiorari or any order or any directions quashing the order of modification produced herewith as ANNEXURE-E bearing - 4 - HC-KAR NC: 2025:KHC-D:15098 WP No. 113564 of 2015 No.G4(1) Shashi aa: KhaaHuTum: Anumathi:24:10-11 dated 30.09.2010 issued by Respondent No.2. iii. Issue an order, direction, writ on the nature of certiorari or any order or any directions quashing the order of dismissal of the Appeal No.09/2015-16 by impugned order dated 08.09.2015 passed by the respondent No.2 produced herewith as ANNEXURE-H. iv. To issue writ of mandamus or any order or direction to direct the Respondent No.1 to 3 to issue fresh order/permission for appointment of the posts of the Physical Education Teacher. 2. The learned HCGP, on instruction and verification of the records, submits that the proposal for appointment to respondent No.8 was considered and approved on 11.09.2015. Notwithstanding the same, despite passage of ten years, there is no challenge to the said action of approving the appointment of respondent No.8. 3. In that light of the above, liberty is reserved to the petitioner to avail of remedy for challenging the said action, in the event the petitioner so desires. Accordingly, the petition stands disposed. 4. Interim order of any kind stands dissolved. Sd/- (M.NAGAPRASANNA) JUDGE RHR/-CT-ASC List No.: 1 Sl No.: 36