- 1 - HC-KAR NC: 2025:KHC:31777 WP No. 42121 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 42121 OF 2018 (S-RES) BETWEEN: 1. P T SHANTHARAJU AGED ABOUT 49 YEARS S/O THIPPESHAPPA, PRINCIPAL, SRI VINAYAKA COMPOSITE JUNIOR COLLEGE, MALALI, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577 515. 2. H.O. RAJU AGED ABOUT 39 YEARS S/O OBAIAH, LECTURER IN HISTORY, SRI VINAYAKA COMPOSITE JUNIOR COLLEGE, MALALI, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577 515 3. V. RAMADASA AGED ABOUT 36 YEARS S/O VEERAPPA, LECTURER IN SOCIOLOGY, SRI VINAYAKA COMPOSITE JUNIOR COLLEGE, MALALI, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577 515. 4. P. BASAVARAJAPPA AGED ABOUT 42 YEARS S/O PARAMESHWARAPPA, LECTURER IN POLITICAL SCIENCE, SRI VINAYAKA COMPOSITE JUNIOR COLLEGE, MALALI, Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31777 WP No. 42121 of 2018 HOSADURGA TALUK, CHITRADURGA DISTRICT - 577 515 5. M.B.HARISH AGED ABOUT 31 YEARS S/O BASAVARAJAPPA, LECTURER IN KANNADA SRI VINAYAKA COMPOSITE JUNIOR COLLEGE, MALALI, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577 515 6. SRI VINAYAKA COMPOSITE JUNIOR COLLEGE MALALI, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577 515 REP BY ITS PRINCIPAL, P.T. SHANTHARAJU AGED ABOUT 49 YEARS S/O THIPPESHAPPA. …PETITIONERS (BY SRI. GANGADHARAPPA A.V., ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA REP BY ITS SECRETARY, EDUCATION DEPARTMENT, M.S.BUILDING, AMBEDKAR ROAD, BENGALURU - 560 001. 2. DIRECTOR OF PRE UNIVERSITY EDUCATION 18TH CROSS, MALLESHWARAM, BENGALURU - 560 003 3. DEPUTY DIRECTOR OF PRE-UNIVERSITY EDUCATION GOVERNMENT BOYS JUNIOR COLLEGE BUILDING, CHITRADURGA - 577 501 …RESPONDENTS (BY SRI. B.J. ESWARAPPA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND PROCEEDINGS OF THE CASE; DIRECT R-1 AND - 3 - HC-KAR NC: 2025:KHC:31777 WP No. 42121 of 2018 2 TO ADMIT THE 6TH PETITIONER TO GRANT-IN-AID AND CONSEQUENTLY RELEASE THE SALARY OF PETITIONERS NO.1 TO 5 BY ADMITTING THEM TO GRANT, IN ACCORDANCE WITH GOVERNMENT ORDER DATED 6.10.2007 VIDE ANNEXURE-A AS REQUESTED IN THE LETTER DATED 1.8.2018 VIDE ANNEXURE- G AND ETC. 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 by the petitioners seeking to quash the order dated 19.11.2018 passed by respondent No.1 vide Annexure-M and also sought for direction to respondents No.1 and 2 to admit the 6th petitioner- College for grant-in-aid and consequently release the salary of petitioners No.1 to 5 by admitting them to the grant, in accordance with Government order dated 06.10.2007 vide Annexure-A. 2. Brief facts leading to the filing of this petition are as under: The petitioners No.1 to 5 were appointed as teachers in the 6th petitioner - College. They have been appointed after following the due process of law. The management sent a - 4 - HC-KAR NC: 2025:KHC:31777 WP No. 42121 of 2018 proposal to State Government to admit the 6th petitioner to the grant-in-aid, but so far, no order has been passed. In the meantime, on 04.07.2018 vide Annexure-H, the recognition granted to the 6th petitioner – College has been withdrawn. The 6th petitioner- college has challenged the same before the first respondent by filing an appeal under Section 130 of the Karnataka Education Act, 1983. The Appellate Authority vide its order dated 16.11.2018 vide Annexure-J has rejected the appeal. Thereafter, the Deputy Director of Pre-University Education vide communication dated 30.11.2018 vide Annexure-K, directed the Principal to transfer all students studying in the 6th petitioner – College to the nearby Government college. Being aggrieved by these orders, the petitioners have filed the writ petition in W.P.No.55165/2018. This Court, by order dated 12.03.2019 vide Annexure-L, has allowed the writ petition and order dated 04.07.2018 withdrawing the recognition of the 6th petitioner – College has been quashed. Liberty reserved to the petitioners to place additional material evidence in support of their claim, and directed the respondent to reconsider the same, along with the reply/objections already filed and pass appropriate orders in - 5 - HC-KAR NC: 2025:KHC:31777 WP No. 42121 of 2018 accordance with law. In the meantime, the impugned order vide Annexure-M has been passed on 19.11.2018, cancelling the recognition granted to the 6th petitioner – College from the academic year 2018-19. Being aggrieved by the same, the petitioners are before this Court. 3. Learned counsel appearing for the petitioners has submitted that an order has been passed by the second respondent on 04.07.2018, withdrawing the recognition granted to the 6th petitioner – Institution from the academic year 2018-19, and this Court, by order dated 12.03.2019 in W.P.No.55165/2018, has allowed the writ petition, and the order dated 04.07.2018 was quashed. Thereafter, no order has been passed as directed by this Court. In the meantime, by the impugned order dated 19.11.2018, the recognition granted to the 6th petitioner – College was cancelled. The said order was passed contrary to the directions issued by this Court. He further contended that pursuant to the directions issued by this Court to the respondent, the respondent has neither passed any order nor considered the recommendation made by the - 6 - HC-KAR NC: 2025:KHC:31777 WP No. 42121 of 2018 management for admitting the claim of petitioners No.1 to 5 for grant-in-aid. Hence, he sought to allow the writ petition. 4. Learned Additional Government Advocate appearing for the respondents submits that pursuant to the order passed by this Court in W.P.No.55165/2018 dated 12.03.2019, the Government has called for a report from the three-member Committee. The three-member Committee has submitted a report on 27.01.2025. As per the directions by this Court, after giving opportunity to the petitioner, the authority will pass the order in accordance with law and also the respondent authority will consider the proposal made by the 6th petitioner – College for admitting the petitioners No.1 to 5 for grant-in-aid, in accordance with law. 5. Heard the learned counsel for the parties and perused the writ petition papers. 6. The second respondent has passed the order on 04.07.2018 withdrawing the recognition granted to the 6th petitioner – College from the academic year 2018-19 and that has been challenged by the petitioner by filing an appeal before - 7 - HC-KAR NC: 2025:KHC:31777 WP No. 42121 of 2018 the Secretariat under Section 130 of the Karnataka Education Act, 1983. The Appellate Authority, by order dated 16.11.2018, has dismissed that appeal, confirming the order passed by the second respondent dated 04.07.2018. Being aggrieved by the same, the petitioner has approached this Court in W.P.No.55165/2018 and this Court by order dated 12.03.2019 has allowed the writ petition and held in paragraph Nos.6 and 7, which reads as under: “6. It is evident that the order passed by the respondent - Committee at Annexure 'E' to the writ petition dated 04.07.2018 is a non-speaking order. It is a well-settled law that it is obligatory for the quasi judicial authority to assign reasons in arriving, at a decision. The reasons are the soul and heart beat of an order. Any order passed, without assigning reasons, is an order without life. In other words, it is an order void ab-initio which cannot be approved. The Appellate Authority also failed to consider this aspect, particularly with reference to the material placed on record by the petitioners along with reply/objections before the second respondent. In the circumstances, the endorsement issued by the respondent No.3 to cancel the recognition of the petitioners' college, with effect from the academic - 8 - HC-KAR NC: 2025:KHC:31777 WP No. 42121 of 2018 year 2018-19 cannot be sustained in law. Hence, these impugned orders are set aside and the proceedings are restored to the file of the second respondent, to consider the matter afresh, after providing an opportunity of hearing to the petitioners. 7. Petitioners are at liberty to place additional material evidence in support of their claim. The second respondent shall consider the same if filed, along with the reply/objections already filed, and pass appropriate orders in accordance with law, in an expeditious manner, in any event, not later than eight weeks from the date of receipt of the certified copy of this order. With the aforesaid observations, the writ petition stands disposed of.” 7. In the meantime, the respondent has passed the impugned order dated 19.11.2018 vide Annexure-M cancelled the recognition granted to 6th petitioner – College from the academic year 2018-19. The earlier order dated 04.07.2018, withdrawing the recognition granted to the 6th petitioner – College has been withdrawn from the academic year 2018-19, was quashed by this Court on 12.03.2019, reserving liberty to the respondent to reconsider the matter in accordance with - 9 - HC-KAR NC: 2025:KHC:31777 WP No. 42121 of 2018 law. In view of the order passed by this Court in W.P.No.55165/2018, the impugned order at Annexure-M is liable to be quashed. 8. As per the directions of this Court in the order dated 12.03.2019 in W.P.No.51565/2018, the three-member committee has submitted a report on 27.1.2025. The respondent has to pass an appropriate order after giving the opportunity to the petitioner to file a reply/objections, as observed by this Court in W.P.No.55165/2018. Under these circumstances, the writ petition is allowed. 9. Order dated 19.11.2018 vide Annexure-M is hereby quashed reserving liberty to the respondents to pass appropriate orders as per the directions issued by this Court in W.P.No.55165/2018 dated 12.03.2019, and thereafter providing opportunity to 6th petitioner – College to file reply/objections and pass appropriate orders within 3 months from the date of receipt of the certified copy of this order. 10. The respondents are also directed to consider the representation submitted by petitioners No.1 to 5 for admitting - 10 - HC-KAR NC: 2025:KHC:31777 WP No. 42121 of 2018 their claim to grant-in-aid and releasing the salary in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE SKS List No.: 1 Sl No.: 33