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2025 DAILYLAW 81034 (KAR)

SMT.M.B. SHARADA v. STATE OF KARNATAKA

WP/5125/2024 · 2025-09-01

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34191 WP No. 5125 of 2024 c/w WP No.11317/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5125 OF 2024 (S-RES) C/W WRIT PETITION NO. 11317 OF 2024 (S-RES) IN WRIT PETITION NO. 5125 OF 2024 (S-RES) BETWEEN: 1. SMT.M.B. SHARADA W/O D. RAJU, AGED ABOUT 40 YEARS, RESIDING AT NO. 183/A SRI MANJUNATHA NILAYA, 2ND WARD, 3RD CROSS, VIDYANAGAR, RAMANAGAR TOWN, RAMANAGAR TALUK AND DISTRICT – 562159. 2. SMT. P PUSHPALATHA, W/O ROOPESH M AGED ABOUT 40 YEAS, RESIDING AT NO. 1427/2 3RD CROSS, K E B COLONY, CHAMUNDESHWARI NAGAR, MANDYA CITY. …PETITIONERS (BY SMT. MANJULA D., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF COLLEGE EDUCATION, Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34191 WP No. 5125 of 2024 c/w WP No.11317/2024 REPRESENTED BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BENGALURU - 560 001. 2. REGIONAL JOINT DIRECTOR, DEPARTMENT OF COLLEGE EDUCATION, VINOBA ROAD, MYSURU - 570 005. 3. THE ADDITIONAL SECRETARY, DEPARTMENT OF COLLEGE AND TECHNICAL EDUCATION, GOVERNMENT OF KARNATAKA, BENGALURU - 560001. 4. THE COMMISSIONER, HIGHER EDUCATION SOUDHA, DEPARTMENT OF COLLEGE EDUCATION, SESHADRI ROAD, BENGALURU - 560 001. 5. THE EXECUTIVE SECRETARY, JSS MAHAVIDYAPEETHA, DR. SRI SHIVARATHRI RAJENDRA CIRCLE, MYSURU - 570 004. …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1 TO R4 SRI. VIVEK HOLLA, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 20.10.2022 AND 19.11.2022 AND 2.2.2024 COPIES OF WHICH ARE PRODUCED AT ANNEXURES-J, K AND Q RESPECTIVELY AND DISPOSE OF THEM BY APPOINTING TO THE POSTS TO WHICH THE IN SO FAR AS PETITIONERS CONCERNED ARE SELECTED EXPEDITIOUSLY TO MEET THE ENDS OF JUSTICE. - 3 - HC-KAR NC: 2025:KHC:34191 WP No. 5125 of 2024 c/w WP No.11317/2024 IN WRIT PETITION NO. 11317 OF 2024 (S-RES) BETWEEN: SRI DHANYA SUNDAR H S/O. HEMAN SUNDAR, AGED ABOUT 41 YEARS, RESIDING AT NO. 7/41, 1ST CHRISTIAN STREET, KOLLEGAL TOWN, KOLLEGALA TALUK, CHAMARAJANAGAR DISTRICT. …PETITIONER (BY SMT. MANJULA D., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF COLLEGE EDUCATION, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BENGALURU-560 001. 2. REGIONAL JOINT DIRECTOR DEPARTMENT OF COLLEGE EDUCATION, VINOBA ROAD, MYSURU-570 005. 3. THE ADDITIONAL SECRETARY DEPARTMENT OF COLLEGE AND TECHNICAL EDUCATION, GOVERNMENT OF KARNATAKA, BENGALURU-560 001. 4. THE COMMISSIONER HIGHER EDUCATION SOUDHA, DEPARTMENT OF COLLEGE EDUCATION, SESHADRI ROAD, BENGALURU-560 001. 5. THE EXECUTIVE SECRETARY JSS MAHAVIDYAPEETHA, - 4 - HC-KAR NC: 2025:KHC:34191 WP No. 5125 of 2024 c/w WP No.11317/2024 DR. SRI SHIVARATHRI RAJENDRA CIRCLE, MYSURU-570 004. …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1 TO R4 SRI. VIVEK HOLLA, AGA FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DTD 20.10.22 AND 19.11.22 AND 20.12.23 COPIES OF WHICH ARE PRODUCED AT ANNEXURES-J,K AND Q RESPECTIVELY AND DISPOSE OF THEM BY APPOINTING TO THE POSTS TO WHICH THE PETITIONER ARE SELECTED EXPEDITIOUSLY TO MEET THE ENDS OF JUSTICE AND ETC. THESE PETITIONS, 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 1. In these writ petitions, the petitioners have sought for issuance of a writ of mandamus directing the respondents to consider the representations submitted by the petitioners at Annexures-J, K & Q. - 5 - HC-KAR NC: 2025:KHC:34191 WP No. 5125 of 2024 c/w WP No.11317/2024 2. The case of the petitioners is that respondent No.4 has issued a Circular dated 30.01.2013 at Annexure-A inviting applications to fill up backlog posts of non- teaching staff, in respondent No.5. In response, the petitioners have applied for the same after following the due process of law. The Management of respondent No.5 forwarded a proposal for approval of appointment of the selected candidates, which included the names of the petitioners, to the respondent No.2, Regional Joint Director. Pursuant to the proposal, the respondent No.2 forwarded the same to the respondent No.4, Commissioner vide letter dated 14.09.2016 (Annexure-C). The respondent No.4, in turn, addressed a letter dated 28.10.2016 (Annexure-D) to respondent No.2, seeking certain clarifications and documents from the Management, and returned the proposal. In response, respondent No.2 communicated to the Management vide letter dated 16.05.2017 (Annexure-E), instructing for submission of the requisite documents. Pursuant to this, - 6 - HC-KAR NC: 2025:KHC:34191 WP No. 5125 of 2024 c/w WP No.11317/2024 the Management submitted all relevant documents. However, no further action has been taken by the authorities thereafter. As a result, the petitioners submitted several representations at Annexures-J, K, and Q, requesting consideration of their cases. Inspite of that, the authority has not taken any decision on the representations. Hence, the petitioners are before this Court. 3. The learned AGA appearing for the respondents- State submitted that if this Court grants some reasonable time, the representations of the petitioners submitted at Annexure-J, K and Q 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 petitions are disposed of. 5. Respondent No.4 is directed to consider the representations submitted by the petitioners vide - 7 - HC-KAR NC: 2025:KHC:34191 WP No. 5125 of 2024 c/w WP No.11317/2024 Annexures-J, K and Q in both the writ petitions, in accordance with law and as expeditiously as possible, not later than three months from the date of receipt of certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 48