- 1 - HC-KAR NC: 2025:KHC:36177-DB WA No. 1677 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1677 OF 2024 (S-RES) BETWEEN: 1. THE STATE OF KARNATAKA DEPARTMENT OF SCHOOL EDUCATION AND LITERACY M.S BUILDING BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY. 2. THE DIRECTOR PRE-UNIVERSITY EDUCATION BOARD MALLESHWARAM BENGALURU- 560 012. 3. THE DEPUTY DIRECTOR OF PRE-UNIVERSITY BOARD CHIKKABALLAPURA - 562 101. …APPELLANTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE & SMT. NAMITA MAHESH, AGA) AND: 1. R. RANGANATH S/O RAMAIAH AGED ABOUT 41 YEARS WORKING AS LABORATORY ATTENDER Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36177-DB WA No. 1677 of 2024 SIR M. VISHWESHWARAYA MEMORIAL PRE-UNIVERSITY COLLEGE CHIKKABALLAPUR - 562 101 RESIDING AT AMBEDKAR NAGAR CHAMARAJPET CHIKKABALLAPUR - 562 101. 2. THE SECRETARY SIR. M. VISHWESHWARAYA MEMORIAL EDUCATION SOCIETY CHIKKBALLAPUR - 562 101. 3. THE PRINCIPAL SIR M. VISHWESHWARAYA MEMORIAL PRE UNIVERSITY COLLEGE CHIKKBALLAPUR - 562 101. …RESPONDENTS (BY SRI SUBRAHMANYA BHAT M., ADVOCATE FOR R-1 & RESPONDENTS No.2 & 3 ARE SERVED & UNREPRESENTED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 11/12/2019 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WRIT PETITION NO.41646 OF 2017 (S-RES) AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36177-DB WA No. 1677 of 2024 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the application – I.A.1/2025 – the same is allowed. The delay in filing the appeal is condoned. 2. The appellants have filed the present intra-court appeal, impugning an order dated 11.12.2019 passed by the learned Single Judge of this Court in WP.No.41646/2017 (S-RES) captioned R. Ranganath v. State of Karnataka and others. Respondent no.1 had filed the said petition impugning an endorsement dated 22.01.2015, whereby the proposal of MV Pre-University College, Chikkaballapura District, for Grant-in-aid in respect of respondent No.1, was rejected on the ground that the proposal was not in relation to an employee, who was not a group 'D' employee. The learned Single Judge had examined the same and faulted the said reasoning and held that the post of ‘Laboratory Assistant’ was a group 'D' post. The learned Single Judge had referred to entry No.88 in the schedule to the Karnataka Education Department Service (Department of Public Instruction) (Recruitment) Rules, 1967. - 4 - HC-KAR NC: 2025:KHC:36177-DB WA No. 1677 of 2024 3. The impugned endorsement was set aside and the matter was remanded to the appellants to consider afresh. 4. The learned counsel appearing for the appellants submits that there is no dispute that the post of Laboratory Assistant is required to be considered as a group 'D' post. However, the same does not lead to the conclusion that respondent No.1 ought to be admitted for Grant-in-aid. He submits that only those group 'D' employees that are listed in Schedule VI to the Karnataka Pre- University Education (Academic, Registration, Administration and Grant-in-aid etc.,) Rules, 2006 [hereafter the Rules] can be admitted to Grant-in-aid under the prevalent Rules and policy. He submits that under the policy in vogue with effect from the year 2017, no Grant-in-aid is admissible in respect of any of the Group 'D' posts. However, the same is required to be outsourced and the same may be admitted to grant-in-aid. He also submits that the reference to entry No.88 of the Karnataka Education Department Service (Department of Public Instruction) (Recruitment) Rules, 1967 is erroneous as the said Rules are inapplicable to a pre- university (PU) institution. - 5 - HC-KAR NC: 2025:KHC:36177-DB WA No. 1677 of 2024 5. It is apparent from the above that the controversy raised is not covered by the impugned judgment. The only findings in the impugned judgment are that Laboratory Assistant is a group 'D' post. As noted above the appellants have no cavil with the said findings. Insofar as reference to Entry No.88 to the Karnataka Education Department Service (Department of Public Instruction) (Recruitment) Rules, 1967, is concerned, the learned counsel for the respondents does not dispute that the same is inapplicable. 6. In view of the above, the present appeal is disposed of with the observations that the impugned order cannot be considered as a decision on the issue that respondent No.1 is required to be admitted to Grant-in-aid. 7. The appeal is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE SD List No.: 1 Sl No.: 10.1