- 1 - HC-KAR NC: 2025:KHC:25347 WP No. 17468 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 17468 OF 2025 (S-RES) BETWEEN: 1. MISS PRIYADARSHINI D. O D/O ONKARAPPA G.N. AGED ABOUT 27 YEARS R/OF SETTIHALLI, KASABA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT-577527. 2. SRI VINAYAKA EDUCATION SOCIETY (REGD), (REGISTERED UNDER THE PROVISIONS OF KARNATAKA SOCIETIES REGISTRATION ACT) SIDDARAMANAGARA, HOSADURGA TOWN CHITRADURGA DISTRICT-577527 REP. BY ITS SECRETARY, M. SHIVALINGAPPA S/O LATE MALIYAPPA, AGED ABOUT 67 YEARS R/OF SIDDARAMANAGARA, HOSADURGA TOWN CHITRADURGA DISTRICT-577527. PETITIONERS (2ND PETITIONER IS NOT CLAIMING THE BENEFIT OF SENIOR CITIZENSHIP) …PETITIONERS (BY SRI. A.V. GANGADHARAPPA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT (SECONDARY EDUCATION) VIKASA SOUDHA, BENGALURU-560001. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25347 WP No. 17468 of 2025 2. COMMISSIONER OF PUBLIC INSTRUCTION DEPARTMENT OF EDUCATION NEW PUBLIC OFFICE BUILDING K.R. CIRCLE, BANGALORE-560001. 3. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION CHITRADURGA DISTRICT CHITRADURGA-577502. 4. BLOCK EDUCATION OFFICER HOSADURGA TAALUK CHITRADURGA DISTRICT-577527. …RESPONDENTS (BY SRI.BHOJEGOUDA T KOLLER, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER IN THE FORM OF COMMUNICATION BEARING NO.C8(4)(8). SHAA SHI NE ANU/E-114 8126/21/2023-24 DATED:21/8/2024 ISSUED BY 2ND RESPONDENT COPY OF WHICH IS PRODUCED AS ANNEXURE-G BY DECLARING THE SAME AS ARBITRARY AND WITHOUT THE AUTHORITY OF LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, challenging the communication dated 21.08.2024 vide Annexure-G, issued by the second respondent, whereby approval of the first petitioner’s - 3 - HC-KAR NC: 2025:KHC:25347 WP No. 17468 of 2025 appointment has been refused on the ground that there is a dispute in the Management. 2. The brief facts of the case are that, the first petitioner has been appointed by the Managing Committee of the second petitioner as a teacher in Sri Vinayaka Composite Junior College, Malali, Hosadurga Taluk. The petitioner’s appointment has been made after following all procedure of law. The Management sent a proposal to the Government for approval of the appointment of the first petitioner. By the impugned endorsement dated 21.08.2024, vide Annexure-G, the approval has been rejected. Therefore, the petitioner is before this Court. 3. The learned counsel for the petitioners submits that the impugned endorsement has been issued only on the ground that one Lokesh has lodged a complaint that there is a dispute in the Execute Committee of the Management. There is no document placed on record to show that there is any dispute in the Management. In fact, the petitioner - 4 - HC-KAR NC: 2025:KHC:25347 WP No. 17468 of 2025 filed a memo along with the communication issued by respondent No.3 to respondent No.2 dated 25.03.2025, stating that there is no dispute in the Management. Inspite of that, the impugned endorsement has been issued. 4. The learned AGA appearing for the State submits that there is a dispute in the Management. Therefore, the endorsement has been issued. 5. Heard the learned counsel for the parties and perused the petition papers. 6. The case of the petitioners is that the first petitioner has been appointed by the second petitioner – Management as a teacher in Sri Vinayaka Composite Junior College. The appointment order has been produced as Annexure-E dated 02.01.2023. Thereafter, the second petitioner sent a proposal to the State Government for approval of the appointment of the first petitioner as a Maths teacher. By the impugned order dated 21.08.2024 - 5 - HC-KAR NC: 2025:KHC:25347 WP No. 17468 of 2025 vide Annexure-G, the proposal has been returned back to the Management only on the ground that one Lokesh has given a complaint that there is a dispute in the Management. Other than that, there is no other ground mentioned in the impugned endorsement vide Annexure-G and no document has been produced before the Court to show that there is any dispute in respect of the second petitioner - Management is pending before any court of law. The impugned order is passed without application of mind. On this ground alone, the impugned order requires to be quashed. 7. Accordingly, the following order is passed: (i) The writ petition stands disposed of. (ii) The impugned order dated 21.08.2024, vide Annexure-G is quashed. (iii) The matter is remanded back to the respondents. The respondent Nos. 2 and 3 are directed to re-consider the matter afresh, - 6 - HC-KAR NC: 2025:KHC:25347 WP No. 17468 of 2025 in accordance with law, as expeditiously as possible, not later than eight weeks from the date of receipt of a copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 69