- 1 - HC-KAR NC: 2025:KHC:49328-DB WA No. 474 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 474 OF 2025 (S-RES) BETWEEN: 1. SRI SUNEEL KUMARA M S AGED ABOUT 41 YEARS, S/O SRINIVAS M B KANNADA AND DESAI RESIDENTIAL SCHOOL, K T PET TOWN, CHANNARAYAPATNA MAIN ROAD, K R PET, MANDYA 57126 RESIDING AT MADUVINKUDI VILLAGE, HARIHARAPURA, MYSORE MAIN ROAD, K R PET, MANDYA 571605 …APPELLANT (BY SRI. SENTHIL KUMAR D U, ADVOCATE FOR SRI. RAVIKUMARA B R., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF SOCIAL WELFARE, VIKAS SOUDHA, BENGALURU 560001 2. THE KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY REPRESENTED BY ITS EXECUTIVE DIRECTOR, BUILDING 7 CUNNINGUM ROAD, CHANDRIKA HOTEL SIDE, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49328-DB WA No. 474 of 2025 BANGALORE 560052 (IT IS REGISTERED UNDER COOPERATIVE SOCIETY ACT 1956) …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R-1; SRI. SRINIVASA C, ADVOCATE FOR C/R2) THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO, SET ASIDE THE ORDER DATED 18.02.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION No. 28157/2024 (S-RES) AND CONSEQUENTLY ALLOW THE WRIT APPEAL BY DIRECTING THE RESPONDENT No. 1 AND 2 CONSIDER THE REPRESENTATION LETTER DATED 08.07.2024 (VIDE ANNEXURE-L1 AND L2) AND TO GRANT SERVICE WEIGHTAGE FOR THE PERIOD FROM 01.06.2007 TO 10.04.2011 (i.e., FOR A DURATION OF 4 YEARS) AS A TEACHER, ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present writ appeal has been filed impugning the judgment and order dated 18.02.2025 passed by the learned Single Judge in W.P.No.28157/2024 (S-RES) instituted by the petitioner. - 3 - HC-KAR NC: 2025:KHC:49328-DB WA No. 474 of 2025 2. The parties are referred to as per their ranking in the writ petition, for the sake of convenience. 3. The petitioner who has been working on contract basis in the respondent No.2-Karnataka Residential Educational Institutions Society as Subject Teacher, Warden as well as Principal from 2007 to 2011 had filed the writ petition for a writ of mandamus directing the respondents to consider the representation dated 08.07.2024 and grant service weightage for the period from 01.06.2017 to 10.04.2011 i.e., for a period of four years in respect of the selection for the post of Principal for which the selection was completed way back on 08.07.2014 and the select list came to be published on the said date. 4. Some of the candidates, who intended to participate in the selection process had filed writ petition Nos.20204- 20364/2011 (S-RES) claiming weightage for the services rendered by them on contract basis. The learned Single - 4 - HC-KAR NC: 2025:KHC:49328-DB WA No. 474 of 2025 Judge vide judgment and order dated 13.07.2012 had allowed the writ petitions in part, and observed that the Principals and Teachers appointed on or after 2004-2005 were entitled for the benefit of the service weightage as specified in the Karnataka Residential Educational Institutions Society (Cadre and Recruitment) Regulations, 2011, and a direction was issued to the authorities to redo the selection process by extending the service weightage to the petitioners and similarly placed candidates. 5. The said judgment and order was challenged before the Division Bench of this Court in W.A.No.5127/2012, W.A.Nos.5831-61/2012 and other connected appeals. The Division Bench vide judgment and order dated 28.02.2013 upheld the judgment passed by the learned Single Judge and observed that the respondents in the said writ appeals would be entitled for service weightage provided they had appeared for combined competitive examinations held from 24.07.2011 to 27.07.2011. - 5 - HC-KAR NC: 2025:KHC:49328-DB WA No. 474 of 2025 6. Thus, the benefit of the judgment passed by the learned Single Judge was confined only to the petitioners who were before the Court. 7. Learned counsel for the petitioner submits that the said judgment of the Division Bench was challenged in SLP.(C).CC.No.15456/2013, which came to be dismissed by the Supreme Court vide judgment and order dated 28.02.2013. 8. Another Writ Petition No.59175/2015 (S-RES) came to be filed by one Smt. Nagamani R, which came to be disposed off by judgment and order dated 12.10.2018 wherein the learned Single Judge rejected the stand of the respondent that petitioner though served as Hindi Teacher, had applied for the post of Social Science Teacher, therefore, she would not be entitled for service weightage. The learned Single Judge was of the view, that notification did not discriminate between the applicants, who had applied for teaching one subject though had taught some - 6 - HC-KAR NC: 2025:KHC:49328-DB WA No. 474 of 2025 other subject. It was held that these candidates would also be entitled for weightage on the basis of the number of years of service as per the plain reading of the notification. The 2nd respondent was directed to consider the case of the petitioner in the writ petition for Social Science Teacher itself by extending service weightage for period between 02.11.2007 till the date of Notification. 9. The said judgment and order dated 12.10.2018 passed in W.P.No.59175/2015 (S-Res) was challenged by the Karnataka Residential Educational Institutions Society in W.A.No.299/2019, wherein the Division Bench of this Court vide judgment dated 19.06.2019 dismissed the writ appeal and upheld the judgment and order passed by the learned Single Judge. The aggrieved Educational Institution preferred SLA (C) No.1109/2020 against the said judgment and order passed by the Division Bench in W.A.No.299/2019, which came to be dismissed vide judgment dated 23.02.2024. - 7 - HC-KAR NC: 2025:KHC:49328-DB WA No. 474 of 2025 10. From the judgment and order passed by the learned Single Judge as well as Division Bench of this Court, it is evident that direction was only in respect of the petitioner in the said case i.e., Smt.R.Nagamani and it was not for all the candidates, who had applied in pursuance to the advertisement. 11. The appellant in the instant appeal had filed the W.P.No.28157 in the year 2024 and the learned Single Judge has rightly observed that the petitioner cannot be given the benefit of the judgment passed in the case of Smt.R. Nagamani, at this belated stage. 12. We do not find that the impugned judgment and order dated 18.02.2025 requires an interference and therefore, we dismiss this appeal. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE NG List No.: 1 Sl No.: 22