- 1 - HC-KAR NC: 2025:KHC:34928 WP No. 26857 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 26857 OF 2023 (S-RES) BETWEEN: 1. SRI P.S SURANNA S/O PUJAR SURA NAYAK AGED ABOUT 55 YEARS WORKING AS ATTENDER 2. SRI THIPPESWAMY T S/O NALLAYARA THIPPESWAMY AGED ABOUT 45 YEARS WORKING AS SERVANT BOTH ARE WORKING AS D-GROUP EMPLOYEE AT SRI RAJARAJESHWARI FIRST GRADE COLLEGE, JAGALUR CHITRADURGA DISTRICT 577528 …PETITIONERS (BY SRI. RAMACHANDRAIAH R., ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY FINANCE DEPARTMENT GOVT. OF KARNATAKA VIDHANA SOUDHA BENGALURU 560001 REP BY ITS SECRETARY. 2. THE PRINCIPAL SECRETARY HIGHER EDUCATION (COLLEGE) GOVERNMENT OF KARNATAKA Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34928 WP No. 26857 of 2023 M S BUILDING, BENGALURU 560001 REP BY ITS SECRETARY 3. THE COMMISSIONER / DIRECTOR COLLEGIATE EDUCATION DEPARTMENT PALACE ROAD, BENGALURU 560001. 4. SRI BAPUJI EDUCATIONAL SOCIETY (R) (SC/ST MANAGEMENT) KALLADEVARAPURA, JAGALURU CHITRADURGA DISTRICT 577533 REP BY ITS PRESIDENT/SECRETARY. 5. THE PRINCIPAL SRI RAJARAJESHWARI FIRST GRADE COLLEGE, JAGALURU DAVANAGERE DISTRICT 577528 …RESPONDENTS (BY SRI.VIKAS R., AGA FOR R1 TO R3: SERVICE OF NOTICE TO R4 AND R5 IS DISPENSED WITH V/O DATED: 16.07.2024) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER/NOTIFICATION DATED 03.06.2023 AND 12.07.2023, ISSUED BY THE RESPONDENT NO. 2 AND 3 VIDE ANNEXURE-K BEARING NO: ED 35 UPC 2023 DATED: 03/06/2023 AND VIDE ANNEXURE-L BEARING NO. KASHIE/02/RI.AA/SHIVI/2022-23/NEVI-2 DATED 12/07/2023 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 - 3 - HC-KAR NC: 2025:KHC:34928 WP No. 26857 of 2023 ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, seeking the following relief: “(i) Quash order/notification dated 03.06.2023 and 12.07.2023, issued by respondent Nos.2 and 3 vide Annexure-K bearing No.ED 35 UPC 2023 dated 03.06.2023 and vide Annexure-L bearing No.KaShiE/02/RiAa/ ShiVi/2022-23/NeVi-2 dated 12.07.2023, by issue of writ of certiorari. (ii) Issue writ of mandamus, directing the respondents authorities to consider the representation dated 25.09.2023 vide Annexure-J as per Three Men Committee report dated 06.05.2013 vide Annexure-C.” 2. The case of the petitioners is that, the first petitioner was appointed as an attender in the fifth respondent - Institution by appointment order, dated 12.08.1991 vide Annexure-A and the second petitioner was appointed by order dated 22.10.2009 vide Annexure- B. Thereafter, the names of the petitioners have been sent for approval, along with the other employees, to the - 4 - HC-KAR NC: 2025:KHC:34928 WP No. 26857 of 2023 Government. By communication dated 06.05.2013 (Annexure-C), the Three Members Committee has recommended the name of the petitioner for approval along with the other candidates. Vide Annexure-D dated 26.05.2017, the teaching and non-teaching staff of the Fifth Respondent - Institution have been admitted to grant-in-aid. The petitioners’ name has not been included in the said order. Therefore, the petitioners submitted a representation dated 25.02.2021 vide Annexure-E. Since the representation of the petitioners were not considered, they approached this Court by filing W.P.Nos.15554/2021 and 15157/ 2021. Both the writ petitions were disposed of on 31.01.2022 and 01.02.2022, respectively vide Annexures-F and G, directing the respondents to consider the representations of the petitioners within five months from the date of the receipt of the copy of the order. 3. Pursuant to the directions issued by this Court, the impugned endorsement dated 12.07.2023 has been issued vide Annexure L. The request of the petitioners has been - 5 - HC-KAR NC: 2025:KHC:34928 WP No. 26857 of 2023 rejected only on the ground that, in view of Government Order dated 26.09.2017, there is a bar for appointment of Group D employees by direct appointment, it has to be only through outsourcing. The Government, later, by order dated 19.09.2018 has clarified that the Government Order dated 26.09.2017 is not applicable to the appointment which is made before 26.09.2017. In the case on hand, the first petitioner's appointment has been made in the year 1991 and second petitioner in the year 2009 and three members committee has recommended on 06.05.2013. In view of the Government Order dated 19.09.2018, the Government Order 26.09.2017 is not applicable to the case of the petitioners. Without considering this aspect of the matter, the impugned endorsement has been issued. On this ground alone, the impugned endorsement requires to be quashed. 4. Accordingly, the following order is passed: (i) The writ petition is allowed. - 6 - HC-KAR NC: 2025:KHC:34928 WP No. 26857 of 2023 (ii) The impugned endorsement dated 12.07.2023 vide Annexure-L issued by the third respondent is quashed. (iii) The third respondent is directed to consider the case of the petitioners afresh, in accordance with law, as expeditiously as possible, not later than three months from the date of receipt of a copy of this order. (iv) In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 46