Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:33851 WP No. 4766 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4766 OF 2023 (S-RES) BETWEEN:
1. HANUMANTHAPPA. K S/O KAMANNA AGED ABOUT 44 YEARS D GROUP EMPLOYEES WORKING AT. C. BARAGERAMMA HIGH SCHOOL HOLALKERE ROAD CHITRADURGA TALUK & DISTRICT. 2. PADMAJJI VIRUPAKSHI S/O BASAVARAJU AGED ABOUT 52 YEARS D GROUP EMPLOYEES WORKING AT SHREE VENIKATESHWARA HIGH SCHOOL GUNDAGATHI, HARAPANAHALLI TALUK DAVANAGERE DISTRICT. 3. RUDRAPPA D K S/O KUMBAPPA AGED ABOUT 45 YEARS D GROUP EMPLOYEES WORKING AT MANJUNATHA HIGH SCHOOL S D NAGARA MARASHETTIHALLI BHADRAVATHI TALUK, SHIMOGGA DISTRICT. 4. E RAJAMMA CHIKKAPPAVADAR W/O MALLESHAPPA AGED ABOUT 52 YEARS D GROUP EMPLOYEES WORKING AT SEVA LAL HIGH SCHOOL GILIVALA SARBA TALUK SHIMOGGA DISTRICT. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA
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5. SHIVAKUMAR S T S/O THAMMAYYAPPA AGED ABOUT 45 YEARS D GROUP EMPLOYEES WORKING AT NANJUNDA SHIVAYOGESHWARA RESIDENTIAL HIGH SCHOOL HUNASURU TALUK, MYSORE DISTRICT 571601. 6. MAHADEVAMMA W/O LATE KEMPAIAH AGED ABOUT 48 YEARS D GROUP EMPLOYEES WORKING AT KTES HIGH SCHOOL BANNUR, T N PURA TALUK MYSURU DISTRICT. 7. SMT S K GIRIJA D/O KUMAR AGED ABOUT 41 YEARS D GROUP EMPLOYEES WORKING AT SHREE YOGANARASIMHASWAMY
HIGH SCHOOL, SALIGRAMA K R NAGAR, MYSORE DISTRICT. 8. JAYARAMU Y M S/O RANGEGOWDA AGED ABOUT 45 YEARS D GROUP EMPLOYEES WORKING AT RAMAKRISHNA SEVA KENDRA HIGH SCHOOL, VIVEKANANDANAGAR YACHENAHALLI, T N PURA TALUK MYSORE DISTRICT. 9. SRI DANANJAY G L S/O LAKKEGOWDA AGED ABOUT 46 YEARS D GROUP EMPLOYEES, WORKING AT SHREE ADISHAKTI HIGH SCHOOL
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HULIKERE, NAGAMANGALA TALUK MANDYA DISTRICT. 10. UMESH DEVADIGA C/O RUKMAYA MOYILI AGED ABOUT 46 YEARS D GROUP EMPLOYEES WORKING AT SWAMI VIVEKANANDA PRE UNIVERSITY COLLEGE (HIGH SCHOOL DIVISION) YEDAPADAVU, SHIBRIKERE (P) MANGALURU, DAKSHINA KANNADA 574 164. 11. BABY K S/O MALLA K AGED ABOUT 54 YEARS D GROUP EMPLOYEES WORKING AT PAYASHWINI HIGH SCHOOL JALSUR, SULIA TALUK DAKSHINA KANNADA DISTRICT. 12. RAVI N S/O RAMANNA AGED ABOUT 40 YEARS D GROUP EMPLOYEES WORKING AT MUNDAJE HIGH SCHOOL BELTHANGADI TALUK DAKSHINA KANNADA DISTRICT. 13. ISUBU K S/O KUNJILI BEARY AGED ABOUT 50 YEARS D GROUP EMPLOYEES WORKING AT SALMARA HIGH SCHOOL CHIKKAMUDLURU, PUTTUR TALUK DAKSHINA KANNADA DISTRICT.
14. SRI MANJANNA K R S/O PATEL RANGASWAMY AGED ABOUT 43 YEARS D GROUP EMPLOYEES WORKING AT R/AT SWARNA
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KANNADA MEDIUM HIGH SCHOOL HOLENARASIPURA, HASSAN DISTRICT. 15. SMT DINAMANI W/O C N VENKATESH AGED ABOUT 53 YEARS D GROUP EMPLOYEES WORKING AT S MANASA HIGH SCHOOL R/AT BALEGADDE, SAKALESHPURA HASSAN DISTRICT. 16. SRI KUMARASWAMY S/O PUTTAIAH AGED ABOUT 43 YEARS D GROUP EMPLOYEES WORKING AT SHARADA HIGH SCHOOL, CHANNARAYAPATNA TALUK HASSAN DISTRICT. PETITIONERS (BY SRI. SUNDARESH H C.,ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPT BY ITS PRINCIPAL SECRETARY (PRIMARY AND SECONDARY EDUCATION) M.S.BUILDING, BENGALURU - 560001. 2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS DEPT OF PUBLIC INSTRUCTIONS NRUPATUNGA ROAD K.R.CIRCLE, BENGALURU - 560001. 3. THE DIRECTOR OF PUBLIC INSTRUCTION (SECONDARY EDUCATION) DEPT OF PUBLIC INSTRUCTIONS NRUPATUNGA ROAD K.R.CIRCLE, BENGALURU - 560001. 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DEPARTMENT OF PUBLIC INSTRUCTION
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HASSAN DISTRICT HASSAN-573201. 5. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DEPARTMENT PUBLIC INSTRUCTION MYSURU DISTRICT MYSURU-570007. 6. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DEPARTMENT PUBLIC INSTRUCTION MANDYA DISTRICT MANDYA-571401. 7. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DEPARTMENT PUBLIC INSTRUCTIONS SHIMOGGA DISTRICT SHIMOGA-571401. 8. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DEPARTMENT PUBLIC INSTRUCTION DAKSHINA KANNADA DISTRICT DAKSHINA KANNADA-575003. 9. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DEPARTMENT PUBLIC INSTRUCTION DAVANAGERE DISTRICT DAVANAGERE-577002. 10. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DEPARTMENT PUBLIC INSTRUCTION CHITRADURGA DISTRICT. CHITRADURGA-577501. 11. THE BLOCK EDUCATIONAL OFFICER DEPT OF PUBLIC INSTRUCTIONS SAKALESHPURA TALUK HASSAN DISTRICT-573134. 12. THE BLOCK EDUCATIONAL OFFICER DEPT OF PUBLIC INSTRUCTIONS
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HOLENARASIPURA TALUK HASSAN DISTRICT-573211. 13. THE BLOCK EDUCATIONAL OFFICER DEPT OF PUBLIC INSTRUCTIONS CHANNARAYAPATNA TALUK HASSAN DISTRICT-573116. 14. THE BLOCK EDUCATIONAL OFFICER DEPT OF PUBLIC INSTRUCTIONS NAGAMANGALA TALUK MANDYA DISTRICT-571432. 15. THE BLOCK EDUCATION OFFICER DEPT OF PUBLIC INSTRUCTIONS K.R. NAGAR TALUK MYSURU DISTRICT-571602. 16.
THE BLOCK EDUCATIONAL OFFICER DEPT OF PUBLIC INSTRUCTIONS T.N.PURA TALUK MYSURU DISTRICT-571170. 17. THE BLOCK EDUCATIONAL OFFICER DEPT OF PUBLIC INSTRUCTIONS HUNASURU TALUK MYSURU DISTRICT-571105. 18. THE BLOCK EDUCATIONAL OFFICER DEPT OF PUBLIC INSTRUCTIONS BHADRAVATHI TALUK SHIMOGA DISTRICT-577201. 19. THE BLOCK EDUCATIONAL OFFICER DEPT OF PUBLIC INSTRUCTIONS SORABA TALUK SHIMOGA DISTRICT-577429. 20. THE BLOCK EDUCATIONAL OFFICER DEPT. OF PUBLIC INSTRUCTIONS
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SULLIA TALUK DAKSHINA KANNADA DISTRICT-574327. 21. THE BLOCK EDUCATIONAL OFFICER DEPT. OF PUBLIC INSTRUCTIONS PUTTUR TALUK DAKSHINA KANNADA DISTRICT-574201. 22. THE BLOCK EDUCATIONAL OFFICER DEPT. OF PUBLIC INSTRUCTIONS BELTHANGADY TALUK DAKSHINA KANNADA DISTRICT-574217. 23. THE BLOCK EDUCATIONAL OFFICER DEPT. OF PUBLIC INSTRUCTIONS MANGALURU SOUTH DIVISION DAKSHINA KANNADA DISTRICT-575001. 24. THE BLOCK EDUCATIONAL OFFICER DEPT. OF PUBLIC INSTRUCTIONS HARAPANAHALLI TALUK DAVANAGERE DISTRICT-583131. 25. THE BLOCK EDUCATIONAL OFFICER DEPT. OF PUBLIC INSTRUCTIONS CHITRADURGA TALUK CHITRADURGA DISTRICT-577501. 26. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH HASSAN DISTRICT HASSAN-573201. 27. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH MYSURU DISTRICT MYSURU-570005. 28. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH
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MANDYA DISTRICT MANDYA-571401. 29. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH SHIVAMOGGA DISTRICT SHIVAMOGGA-577201. 30. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH DAKSHINA KANNADA DISTRICT DAKSHINA KANNADA-575001. 31. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH DAVANAGERE DISTRICT DAVANAGERE-577002. 32. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH CHITRADURGA DISTRICT CHITRADURGA-577501. 33. THE SECRETARY MANASA EDUCATION SOCIETY® HOUSING BOARD KUSHALNAGAR EXTENSION SAKHALESHPURA, HASSAN-573134. 34. THE SECRETARY SWARNA VIDYA SAMASTHE® CHANNAMBIKA CIRCLE HASSAN MYSURU ROAD HOLENARASIPURA HASSAN DISTRICT-573211. 35. THE SECRETARY SRI MALIYAMMA VIDYA SAMSTHE(R) BYADARAHALLI BAGURU HOBLI
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CHANNARAAPATNA HASSAN DISTRICT-573116. 36. THE SECRETARY SRI ADICHUNACHANAGIRI EDUCATION TURST(R) NAGAMANGALA TALUK MANDYA DISTRICT-571432. 37. THE SECRETARY SHREE YOGANARASIMHASWAMY VIDYA SAMASTHE(R) SALIGRAMA, K R NAGARA TALUK MYSURU-571602. 38. THE SECRETARY KOLLEGAL TALUK EDUCATION SOCIETY(R) NO.7/401, GIRI NILAYA, IST CROSS SOUTHERN EXTENSION KOLLEGAL, MYSURU DISTRICT-571440. 39.
THE SECRETARY SRI RAMAKRISHNA SEVA KENDRA SOCIETY(R) VIVEKANANDANAGAR, YACHENAHALLI T N PURA TALUK,MYSURU DISTRICT-571170. 40. THE SECRETARY SRI RENUKAMBA GRAMINABHIVRUDHI VIDYA SAMASTHE(R) VADDAHATTI AREBILACHI POST BHADRAVATHI SHIMOGGA DISTRICT-577233. 41. THE SECRETARY SRI SEVALAL VIDYA SAMASTHE ® HANCHITANDA, SORBA TALUK BARANGI POST, SHIMOGGA 577 413. 42. THE SECRETARY PAYASHWINI EDUCAITON SOCIETY R
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JALSUR POST, SULIA TALUK DAKSHINA KANNADA 574 239. 43. THE SECRETARY ANRARUDDEEN EDUCATION TRUST ® SALMARA PUTTUR, D K DISTRICT 574201. 44. THE SECRETARY SHATABDI VIDYALAYA SAMITHI ® MUNDAJE POST, BELTHANGADY TALUK D K DISTRICT 574228-574228. 45. THE SECRETARY SRI VENKATESHWARA EDUCATION SOCIETY (SC)® PUNABHAGATTA, HARAPANAHALLI TALUK DAVANAGERE 577002
46. THE SECRETARY SRI KENCHAPPA SMARAKA VIDYA SAMASTHE( R) KITTADAHATTI, LAKSHMISAGARA POST, CHITRADURGA TALUK CHITRADURGA-577501. 47. THE SECRETARY SWAMI VIVEKANANDA VIDYAVARTHAKA SANGHA ®
YEDAPADAVU, SHIBRIKERE (P) MANGALURU, DAKSHINA KANNADA 574164. 48. THE SECRETARY SRI NANJUNDA SHIVAYOGESHWARA VIDYA SAMASTHR® SRI GURULINGA JANGAMA DEVARA MATA, DAVADAGERE, HUNASURU TALUK, MYSURU 571610. …RESPONDENTS
(BY SRI.SIDHARTH BABU RAO, AGA FOR R1 TO R25 SRI. B LELTHY., ADVOCATE FOR R43:
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HC-KAR NC: 2025:KHC:33851 WP No. 4766 of 2023
R26 TO R42 ARE SERVED AND UNREPRESENTED:
R44 TO R48 ARE SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO 48 TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONERS DATED 19.10.2022 AS PER ANNEXURE-L FOR ADMITTING THEIR POST FOR GRANT IN AID AS PER THE GOVERNMENT ORDER DATED 20.01.2014 AS PER ANNEXURE-B
PRODUCTION OF CERTIFIED COPY OF ANNEXURE.G.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER
1. In this writ petition, the petitioners have sought for the following relief/s:
“a) Issue writ in the nature of Mandamus directing the Respondent No. 1 to 48 consider the representations filed by the petitioners dated: 19- 10-2022 as per ANNEXURE-L for admitting their post for grant in aid as per the government order dated: 20-01-2014 as per ANNEXURE-B and also as per the list furnished by the Director of Secondary Education, Bengaluru dated: 08-11-2017, the petitioners name are shown in the list at
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Sl.No.56,63,68,71,102,108,110,111,117,132, 133,136,137,160, 162, & 165 as per ANNEXURE-F.
b) Declare that the government notification No. ED 8 SEP 2015, Bengaluru dated: 26-09-2017 introducing Karnataka Educational Institutions (Recruitment and terms and conditions of service of employees in Private Aided Primary and Secondary Educational Institutions) (Amendment) Rules, 2017 as per ANNEXURE-G providing appointment of Non- teaching services in the aided high school through outsource basis is only a prospective in nature and not applicable to the D group employees appointed in the aided high schools prior to 02-02-2000, as per clarification issued by the 1st respondent dated:
07-12-2021 as per ANNEXURE-H. c) Pass such other order or direction as this Hon'ble Court deems fit on the fact and circumstances of the case in the interest of justice and equity.”
2. The petitioners are working as Group ‘D’ employees in private aided high schools run by respondent Nos.33 to 47’s Societies. These institutions are admitted to the grant-in-aid scheme, and all petitioners were appointed after following the due process of law.
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As per Government
Order dated 20.01.2014 (Annexure-B), all Group ‘C’ and ‘D’ employees appointed between 01.06.1993 and 02.02.2000 are to be admitted to the grant-in-aid scheme. Accordingly, the management of the petitioners' institutions submitted a proposal to the Government through the Block Education Officer (BEO). Pursuant to that, the BEO submitted a report to the DDPI, who in turn recommended the petitioners’ posts for grant- in-aid to the Director of Secondary Education. Pursuant to orders dated 04.08.2015, 15.06.2016, and 02.09.2016 (Annexures-E, E1 & E2), the Director of Secondary Education submitted a list of eligible candidates, which included the petitioners. Though the petitioners’ names were included in the list of Group ‘D’ employees eligible for grant-in-aid as per the Government
Order dated 20.01.2014 and the Director’s recommendation, respondent No.1 has not
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taken steps to admit their posts to the grant-in-aid scheme. The petitioners submitted a common representation dated 19.10.2022 (Annexure-L), requesting admission of their posts to grant-in-aid. However, respondent No.1 has failed to act on the same. Hence, the petitioners are before this Court.
3. Learned AGA has submitted that if this Court grants some reasonable time, the representation of the petitioners will be considered, in accordance with law.
4. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of.
5. The respondents are
directed to consider the representation dated 19.10.2022 (Annexure-L) submitted by the petitioners, keeping in view of the Government
order dated 20.01.2014 issued by the Government vide Annexure-B, as expeditiously as possible, not later than
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six months from the date of receipt of the certified copy of this order. All pending I.As. in this writ petition, if any, are dismissed accordingly.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
HA LIST NO.: 1 SL NO.: 30