- 1 - HC-KAR NC: 2025:KHC-D:17692 WP No. 101946 of 2024 C/W WP No. 101806 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101946 OF 2024 (S-RES) C/W WRIT PETITION NO. 101806 OF 2024 IN WP NO. 101946/2024 BETWEEN: SRI. KOTRESH @ KOTRESHAPPA S/O SHIVAPUTRAPPA KADARAMANDALAGI AGE: 53 YEARS, OCC: LECTURER, R/O: HOSARITTI, TQ. AND DIST. HAVERI …PETITIONER (BY SRI. S.S. BADAWADAGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, M S BUILDING, BENGALURU 560001 2. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO DEPARTMENT OF SCHOOL EDUCATION, 6TH FLOOR, M S BUILDING, BENGALURU 560001 3. THE DIRECTORATE OF VOCATIONAL COURSES BY ITS DIRECTOR, 3RD FLOOR, P U BUILDING, 18TH CROSS, SAMPIGE ROAD, MALLESHWARAM, BENGALURU 560001 Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17692 WP No. 101946 of 2024 C/W WP No. 101806 of 2024 4. THE DEPUTY DIRECTOR PRE UNIVERSITY VOCATIONAL COURSES, HAVERI DISTRICT, HAVERI 580001 5. THE NATIONAL EDUCATION SOCIETY'S G V HALLIKERI COMPOSITE PRE UNIVERSITY COLLEGE, BY ITS PRINCIPAL, HOSARITTI, TQ. AND DIST: HAVERI. 581213 6. THE PRINCIPAL THE BOY'S GOVT. PRE UNIVERSITY COLLEGE, HAVERI DISTRICT, HAVERI 580001 …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R4; NOTICE TO R5 & R6 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO, A) ISSUE THE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ENDORSEMENT ORDER PASSED BY RESPONDENT NO. 3 BY ITS COMMON ENDORSEMENT NO. PaPuSHIE/AA 1/PA(R&G) VRUSHI/RI.P19750/2011/2022-23 DATED 12.04.2023 VIDE ANNEXURE –J AND ETC,. IN WP NO. 101806/2024 BETWEEN: SRI. SAHADEVA S/O BASAVANNEPPA BANNIMATTI AGE. 51 YEARS, OCC. LECTURER, R/O. NIRANJAN TAKEKAR BUILDING, H.NO. 4691/2D1B, INDIRA COLONY, BEHIND ZP OFFICE, BELAGAVI 590001 …PETITIONER (BY SRI. S.S. BADAWADAGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, - 3 - HC-KAR NC: 2025:KHC-D:17692 WP No. 101946 of 2024 C/W WP No. 101806 of 2024 M S BUILDING, BENGALURU 560001 2. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, 6TH FLOOR, M S BUILDING, BENGALURU 560001 3. THE DIRECTORATE OF VOCATIONAL COURSES BY ITS DIRECTOR, 3RD FLOOR, P U BUILDING, 18TH CROSS, SAMPIGE ROAD, MALLESHWARAM, BENGALURU 560001 4. THE DEPUTY DIRECTOR PRE-UNIVERSITY VOCATIONAL COURSES, BELAGAVI DISTRICT, BELAGAVI 590001 5. GOVERNMENT SARADAR PRE-UNIVERSITY COLLEGE KAKATIVE ROAD, BY ITS PRINCIPAL, BELAGAVI, TQ. AND DIST: BELAGAVI 590001 …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO, A) ISSUE THE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE RELIEVE ORDER PASSED BY THE RESPONDENT NO. 5 VIDE A6:Vru.Shi.Lecturer:Seva/2/201-12 DATED 10.06.2011 VIDE ANNEXURE –D AND ETC.., THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:17692 WP No. 101946 of 2024 C/W WP No. 101806 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following reliefs: IN WP NO. 101946/2024 a) Issue the Writ in the nature of Certiorari by quashing the endorsement order passed by Respondent no. 3 by its common endorsement No. PaPuSHIE/AA 1/PA(R&G) VRUSHI/RI.P19750/2011/2022-23 dated 12.04.2023 vide ANNEXURE –J. b) Issue the Writ in the nature of Certiorari by quashing the relieve order passed by the respondent No. 4 vide PaPuSHIE /UuNiJH/E1/kAbIKu/2011-12/106 dated: 01/06/2011 vide ANNEXURE –E. c) Issue the writ in the nature of Mandamus directing the respondents to absorb the service of petitioner from the date of his relieving order as well as with all arrears and monitory benefits. d) Any other relief as deems fit to this Hon’ble Court, in the interest of justice and equity. IN WP NO. 101806/2024 a) Issue the Writ in the nature of Certiorari by quashing the relieve order passed by the respondent No. 5 vide A6:Vru.Shi.Lecturer:Seva/2/2011-12 dated 10/06/2011 vide ANNEXURE –D. b) Issue the Writ in the nature of Mandamus directing the respondents to absorb the service of petitioner from the date of his relieving order as well as with all arrears and monitory benefits. - 5 - HC-KAR NC: 2025:KHC-D:17692 WP No. 101946 of 2024 C/W WP No. 101806 of 2024 c) Any other relief as deems fit to this Hon’ble Court, in the interest of justice and equity. 2. Heard the learned counsel Sri.Shivakumar S. Badawadagi, appearing for petitioners and learned HCGP- Smt.Girija Hiremath, appearing for respondents. 3. The petitioners in both these petitions were appointed as Lecturers in their respective subjects on consolidated way on 21.07.2005 and are said to have been working as on the date of the notification dated 06.04.2011. The State took up the cause of the job-oriented course Lecturers for their absorption and issued a notification on 06.04.2011 absorbing several teachers who are working in job-oriented courses on the strength that they have completed 5 years of service as teachers in those courses, who were working as part time job-oriented course employees. The petitioners in both these petitions were not considered for such absorption on the sole score that the petitioners have not completed 5 years of service and were ordered to be relieved from their posts. 4. The petitioners then submit various representations before the respondent authorities for their absorption, but to no avail. However, in WP 101946/2924 the respondent authorities - 6 - HC-KAR NC: 2025:KHC-D:17692 WP No. 101946 of 2024 C/W WP No. 101806 of 2024 issue an endorsement to the petitioner stating that the petitioner cannot be absorbed as he has not completed 5 years of service. It is challenging this endorsement and the inaction of the respondents on the said representations, the petitioners in both the petitions are knocking at the doors of this court. 5. The learned counsel appearing for the petitioners now seeks to place on record the attendance register which according to the petitioner depicts that the petitioners have completed more than 5 years of service as on 06.04.2011 and therefore would seek a direction to reconsider the cases of these petitioners. 6. The learned HCGP would vehemently refute the submissions contending that the petitioners did not possess the requisite years of service as on 06.04.2011 as they were short by 15 days or 1 week. 7. In that light, what is now required to be discerned is the records of the attendance produced by the petitioners versus the records of the attendance produced by the State. Therefore, the State is to look into the attendance now placed by the petitioners, compare it with the attendance maintained by the State and pass necessary orders in accordance with law. It is - 7 - HC-KAR NC: 2025:KHC-D:17692 WP No. 101946 of 2024 C/W WP No. 101806 of 2024 made clear that, except the aforesaid circumstance, nothing else is considered by this Court, as this was the only circumstance projected by the State and only the ground urged by the petitioner. 8. In the light of the aforesaid direction, the petition deserves to succeed albeit in part. ORDER (i) Both the petitions are allowed-in-part. (ii) The impugned endorsement passed by the respondent No.3 in common endorsement dated 12.04.2023 at Annexure-J and the relieve order dated 01.06.2011 passed by respondent No.4 at Annexure-E in Writ Petition No.101946/2024 stand quashed. (iii) The relive order dated 10.06.2011 passed by respondent No.5 at Annexure-D passed in Writ Petition No.101806/2024 stands quashed. (iv) The matter is remitted back to the hands of the State to pass necessary orders bearing in mind the observations made in the course of the order - 8 - HC-KAR NC: 2025:KHC-D:17692 WP No. 101946 of 2024 C/W WP No. 101806 of 2024 with an outer limit of 4 months from the date of receipt of the copy of this order. (v) It is open to the petitioners to produce any further document with the State or for the State to solicit any document from the hands of the petitioners to substantiate their claim for absorption as on the date others were absorbed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT ASC List No.: 1 Sl No.: 21