- 1 - HC-KAR NC: 2025:KHC:30574 WP No. 7527 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.7527 OF 2024 (S-RES) BETWEEN: 1. SRI. SUJATHA VIDYA SAMASTHE (R) REPRESENTED BY ITS SECRETARY SRI. PADMARAJAIAH K.R., AGED ABOUT 61 YEARS NO.101, SRI M.VISHWESHWARAIAH LAYOUT ULLAL SATELLITE TOWN BENGALURU-560 110. 2. S. PARVATHI W/O SOMASHEKAR L, AGED ABOUT 40 YEARS, R/AT NO.835, NEAR MALLIKARJUNA TEMPLE ULLAL UPANAGAR BENGALURU-560 110. …PETITIONERS (BY SRI. H.C.SUNDARESH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY (PRIMARY AND SECONDARY EDUCRATION) M.S BUILDING, BENGALURU-560 001. 2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS DEPT. OF PUBLIC INSTRUCTIONS NRUPATUNGA ROAD, K.R.CIRCLE, BENGALURU-560 001. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30574 WP No. 7527 of 2024 3. THE DIRECTOR OF PUBLIC INSTRUCTION DEPT. OF PUBLIC INSTRUCTIONS NRUPATUNGA ROAD, K.R.CIRCLE BENGALURU-560 001. 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS BENGALURU NORTH DISTRICT K.G.ROAD, BENGALURU-560 002. 5. THE BLOCK EDUCATIONAL OFFICER DEPT. OF PUBLIC INSTRUCTIONS, NORTH DIVISION-I 2ND BLOCK, RAJAJINAGAR, BENGALURU-560 010. …RESPONDENTS (BY SRI. VIKAS R., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ENDORSEMENT BEARING NO.EP 8 SEW 2022 DATED 14.02.2024 ISSUED BY THE R1 AS PER ANNEXURE-W AND TO DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY 1ST PETITIONER TO THE R1 DATED 23.11.2021 AS PER ANNEXURE-K FOR ADMITTING GRANT-IN- AID FOR POST OF THE R2 WORKING AS ‘D’ GROUP EMPLOYEE AT SUJATHA KANNADA MEDIUM HIGH SCHOOL, ULLAL SATELLITE TOWN, BENGALURU, AS PER GOVERNMENT ORDER DATED 20.01.2014 AS PER ANNEXURE-C BY CONSIDERING THE PROPOSAL MADE BY THE R3 DATED 04.08.2015 ALONG WITH LIST OF ‘D’ GROUP EMPLOYEES AS PER ANNEXURE-H AND ALSO RECOMMENDATION MADE BY THE R3 DATED 20.12.2022 AS PER ANNEXURE-S AND AS PER THE DIRECTION ISSUED BY THIS HON’BLE COURT IN W.P.NO.11857/2022, DATED 10.08.2022 AS PER ANNEXURE-R AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:30574 WP No. 7527 of 2024 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 endorsement dated 14.02.2024 vide Annexure-W, issued by the first respondent. 2. The petitioner No.2 is the employee of the Institute managed by petitioner No.1. The petitioner No.2 has been working as a Group-D employee since 1998. The first petitioner – Society, after obtaining permission from the concerned Department, had issued a Notification for selection of Group-D employees and petitioner No.2 having been participated in the recruitment process, has been selected. The petitioner No.2 sought for admitting her post for grant-in-aid. The request of the petitioner was turned down by communication dated 26.4.2022 (Annexure-L). Being aggrieved by the same, the petitioner approached this Court by filing a writ petition in - 4 - HC-KAR NC: 2025:KHC:30574 WP No. 7527 of 2024 W.P.No.11857/2022. This Court, by order dated 10.08.2022 set aside the endorsement and directed the respondents to consider the case of the petitioner within three months. Thereafter, a similar endorsement came to be issued on 06.02.2023 vide Annexure-T. Being aggrieved by the same, the petitioner again approached this Court by filing W.P.No.4491/2023. This Court, by order dated 11.07.2023 allowed the writ petition and set aside the endorsement dated 06.02.2023 and directed the respondents to consider the case of the petitioner in the light of the order dated 10.08.2022 passed in W.P.No.11857/2022 within six weeks from the date of receipt of the copy of the order. Thereafter, the impugned endorsement dated 14.02.2024 (Annexure-W) came to be issued on the very same ground. Being aggrieved by the same, the petitioner filed this writ petition. 3. The learned counsel for the petitioner submits that on earlier two occasions, the case of the petitioner for admitting to grant-in-aid has been rejected in view of - 5 - HC-KAR NC: 2025:KHC:30574 WP No. 7527 of 2024 Karnataka Educational Institutions (Recruitment and Terms and Conditions of Service of Employees in Private Aided Primary and Secondary Educational Institutions) (Amendment) Rules, 2017 (for short, ‘Amended Rules, 2017’), wherein it is stated that the Group-D employees have to be appointed only through outsourcing. This Court on an earlier occasion clarified that the petitioner has been appointed before the Amended Rules, 2017 came into force and the said Rules is not applicable in the case of the petitioner. Inspite of that, similar endorsement has been issued. Hence, he sought to allow the writ petition. 4. The learned AGA appearing for the respondent – State submits that, even though the petitioner was appointed in the year 1998, the Management has not sent the proposal for approval to admit the petitioner‘s case for salary grant. In the letter dated 16.10.2014, (Annexure- D), there is no reason forthcoming as to why it is not sent in the year 1998. Since, as per the Amended Rules, 2017, all group-D employees have to be appointed by - 6 - HC-KAR NC: 2025:KHC:30574 WP No. 7527 of 2024 outsourcing, therefore, the authorities have issued the impugned endorsement. Hence, he sought to dismiss the writ petition. 5. Heard the learned counsel for the parties and perused the petition papers. 6. It is not in dispute that the second petitioner was appointed as a Group-D employee in the year 1998. It is also not in dispute that the petitioner’s appointment has been approved by the competent authority. The Government has issued a communication dated 20.01.2014 vide Annexure-C, stating that all appointments made from 01.06.1993 to 02.02.2000, in respect of Group C and D posts, has to be admitted to the grant-in-aid. Pursuant to that, the list of candidates who are covered under the Government Order has been prepared vide Annexure-H dated 04.08.2015. The second petitioner’s name was also mentioned in the list. Inspite of that, the second petitioner’s case has not been considered for - 7 - HC-KAR NC: 2025:KHC:30574 WP No. 7527 of 2024 admitting for grant-in-aid. Hence, the petitioner approached this Court by filing W.P.No.338/2021 vide Annexure-J. This Court, by order dated 07.10.2021, directed the respondents to consider the representation of the petitioner in accordance with law. Thereafter, another endorsement has been issued on 26.04.2022 stating that in view of Amended Rules 2017, the second petitioner’s case cannot be considered for grant-in-aid. The said endorsement has been challenged before this Court by filing W.P.No.11857/2022. This Court, by order dated 10.08.2022, set aside the endorsement, making it clear that 2017 Rules is applicable, prospectively, in view of the clarification issued by the Government vide Annexure-N dated 07.12.2021 and directed the respondents to consider the case of the petitioner for admitting to grant- in-aid. The relevant portion is extracted below: “5. It is clear as per Annexure-S that the post of 'D' group workers being admitted to grant-in-aid can be considered dehors the notification dated 26.09.2017 if such 'D' group workers have been - 8 - HC-KAR NC: 2025:KHC:30574 WP No. 7527 of 2024 working prior to the amendment made to the Rules.” 7. Inspite of that, a similar endorsement has been issued vide Annexure-T dated 06.02.2023. Being aggrieved by the same, the petitioner filed W.P.No.4491/2023. This Court, by order dated 11.07.2023 disposed of the said writ petition. The relevant portion is extracted below: “5. Having heard the learned counsel appearing for the parties, on careful examination of letter dated 26th April, 2022 (Annexure-L) and impugned endorsement dated 06th February, 2023 (Annexure-T) would indicate that, rejection has been made by the respondent-Authorities based on the Notification dated 26th September, 2017. In that view of the matter, I am of the view that respondent No.1 has not considered the observation made by this Court in Writ Petition No.11857 of 2022 dated 10th August, 2022 (Annexure-R). Therefore, impugned endorsement dated 06th February, 2023 (Annexure-T) issued by the respondent No.1 is set-aside and matter is remitted to the respondent No.1 with a warning to consider the case of petitioners in the light of order - 9 - HC-KAR NC: 2025:KHC:30574 WP No. 7527 of 2024 dated 10th August, 2022 passed in Writ Petition No.11857 of 2022 and pass appropriate orders by applying the mind, within an outer limit of six weeks from the date of receipt of this order. Accordingly, writ petition is disposed of.” 8. This Court has also remitted the matter with a warning to consider the case of the petitioner in the light of the order passed by this Court. Inspite of that, the respondent has issued a similar endorsement dated 14.02.2024, which is impugned in this writ petition. In view of the communication issued by the Government dated 20.01.2014 (Annexure-C), recommendation made by the Director dated 04.08.2015 (Annexure-H) and also the clarification issued by the Government dated 26.04.2022 (Annexure-L), the petitioner’s case has to be considered for admitting to grant-in-aid. Inspite of that, admittedly, the respondents are issuing similar endorsements. The said endorsement requires to be quashed. - 10 - HC-KAR NC: 2025:KHC:30574 WP No. 7527 of 2024 9. In view of the above, the following order is passed: (i) The writ petition stands disposed of. (ii) The impugned order dated 14.02.2024 passed by the first respondent is quashed. (iii) The respondents are directed to consider the case of the petitioner in the light of the order dated 10.08.2022 passed in W.P.No.11857/2022, as expeditiously as possible, in any event, within an outer limit of three months from the date of receipt of a copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 52