- 1 - HC-KAR NC: 2025:KHC:32483 WP No. 22031 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 22031 OF 2024 (S-RES) BETWEEN: SRI M CHANDRASHEKARA M S/O LATE GURUVAPPA NAIK AGED ABOUT 48 YEARS LECTURER IN HISTORY AT SEETHARAGHAVA PRE UNIVERSITY COLLEGE PEMAJE, PUTTUR TALUK DAKSHINA KANNADA 574223. …PETITIONER (BY SRI. MADHU C S., ADVOCATE) AND: 1. THE STATE OF KARANTAKA REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, 6TH FLOOR M S BUILDING, BENGALURU 560 001. 2. THE DIRECTOR DEPARTMENT OF PRE UNIVERSITY EDUCATION 18TH CROSS, MALLESHWARAM BENGALURU 560 012. 3. THE CONVENER SEETHARAGHAVA PRE UNIVERSITY COLLEGE PEMAJE, PUTTUR TALUK DAKSHINA KANNADA-574 223. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32483 WP No. 22031 of 2024 4. THE PRINCIPAL SEETHARAGHAVA PRE UNIVERSITY COLLEGE PEMAJE, PUTTUR TALUK DAKSHINA KANNADA-574 223. 5. THE DEPUTY DIRECTOR DEPARTMENT OF PRE UNIVERSITY EDUCATION DAKSHINA KANNADA DISTRICT MANGALURU 575 003. …RESPONDENTS (BY SRI.VIKAS R, AGA FOR R1, R2 & R5: SRI. KRISHNAMOORTHY D., ADVOCATE FOR R3 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO. 2 TO SEND THE PROPOSAL FOR ADMITTING THE PETITIONER IN TO GRANT IN AID IN ACCORDANCE WITH THE DIRECTIONS ISSUED BY THE R1 HEREIN IN ED 109 DGW 2022 DATED 30/04/2024 SHOWN AT ANNEXURE-M 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 ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, seeking the following reliefs: (i) Issue such appropriate writ, order or direction more particularly a writ of mandamus directing the respondent No.2 to send the proposal for admitting the - 3 - HC-KAR NC: 2025:KHC:32483 WP No. 22031 of 2024 petitioner in to grant in aid in accordance with the directions issued by the 1st respondent herein in ED 109 DGW 2022 dated 30.04.2024 shown at Annexure-M; (ii) Direct the 1st respondent to admit the petitioner into Grant in aid and release the salary in accordance with the directions issued by the 1st respondent herein in ED 109 DGW 2022 dated 30.04.2024 shown at Annexure-M.” 2. The third respondent – Institution was started in the year 1984-85. On 26.12.1990, the third respondent – College was admitted to grant-in-aid. While admitting to the grant-in-aid, the post of the lecturer of History was not included in the salary grant as the said post was not filled up by a candidate belonging to the Scheduled Caste category. On 12.03.2004 (Annexure-A), the petitioner was appointed as a Lecturer in History in the third respondent – Institution. On 29.07.2006 (Annexure-D), - 4 - HC-KAR NC: 2025:KHC:32483 WP No. 22031 of 2024 the appointment of the petitioner was approved without grant-in-aid. On 05.02.2015 (Annexure-F), the Director, Department of PU Education withdrawn its earlier order rejecting the approval of the appointment and directed the third respondent to allow the petitioner to work in the Institution. On 17.12.2015 (Annexure-H), the Director, Department of Pre-University Education passed an order directing the third respondent to take the petitioner to the post of lecturer in History in the backlog vacancy under the category of Scheduled Tribe candidate. Since the said orders were not complied with, the petitioner approached the appellate authority by filing a revision under Section 131 of the Karnataka Education Act, 1983 (for short, ‘Education Act’). By order dated 05.06.2021 (Annexure-K), the appellate authority directed the Management to send a proposal to the Government for approval of the appointment of the petitioner for admitting to grant-in-aid. Thereafter, the Management has not sent the proposal. Hence, the petitioner filed a review before the first - 5 - HC-KAR NC: 2025:KHC:32483 WP No. 22031 of 2024 respondent herein under Section 133 of the Karnataka Education Act. The first respondent, on 30.04.2024 (Annexure-M) passed the following order: “C) ªÉÆzÀ®£Éà ªÀÄvÀÄÛ JgÀqÀ£Éà ¥ÀæwªÁ¢UÀ¼ÀÄ F DzÉñÀ vÀ®Ä¦zÀ 15 ¢£ÀUÀ¼ÉƼÀUÁV CfðzÁgÀgÀ£ÀÄß C£ÀÄzÁ£ÀPÉÌ M¼À¥Àr¸ÀĪÀ ¸ÀA§AzsÀ ¥Àæ¸ÁÛªÀ£É CxÀªÁ CfðzÁgÀ ¨ÉxÀ¤ ¸ÀAAiÀÄÄPÀÛ ¥ÀzÀ« ¥ÀƪÀð ªÀĺÁ«zÁå®AiÀÄ, £ÀÆf¨Á½Û® CAZÉ, PÀqÀ§, zÀQët PÀ£ÀßqÀ E°è£À C£ÀÄzÁ¤vÀ EwºÁ¸À G¥À£Áå¸ÀPÀgÀ ºÀÄzÉÝUÉ ªÀUÁðªÀuÉ ºÉÆAzÀ®Ä DPÉëÃ¥ÀuÉ E®è JA§ÄzÁV ¤gÀ¥ÉÃPÀëuÁ ¥ÀvÀæªÀ£ÀÄß G¥À¤zÉÃð±ÀPÀjUÉ ¸À°è¸ÀvÀPÀÌzÀÄÝ. MAzÀÄ ªÉÃ¼É DqÀ½vÀ ªÀÄAqÀ½AiÀÄÄ ¥Àæ¸ÁÛªÀ£É/¤gÀ¥ÉÃPÀëuÁ ¥ÀvÀæªÀ£ÀÄß ¸À°è¸À¢zÀÝ°è G¥À¤zÉÃð±ÀPÀgÀÄ F §UÉÎ C£ÀÄzÁ£ÀPÉÌ M¼À¥Àr¸ÀĪÀ ¥Àæ¸ÁÛªÀ£É ¹zÀÞ¥Àr¹ ¤zÉÃð±ÀPÀjUÉ ¸À°è¸ÀvÀPÀÌzÀÄÝ. D) ¸ÀzÀj ºÀÄzÉÝAiÀÄÄ ¥Àj²µÀÖ ¥ÀAUÀqÀPÉÌ «ÄøÀ¯ÁzÀ ºÀÄzÉÝAiÀiÁVgÀĪÀÅzÀjAzÀ ªÀÄvÀÄÛ Cw ªÀÄÄRåªÁV ¨ÁåPï¯ÁUï ºÀÄzÉÝAiÀiÁVgÀĪÀÅzÀjAzÀ «¼ÀA§PÉÌ D¸ÀàzÀ ¤ÃqÀzÉ JgÀqÀÄ wAUÀ¼À M¼ÀUÁV ¨sÀ«µÁå£ÀéAiÀĪÁV C£ÀÄzÁ£ÀPÉÆ̼À¥Àr¸À®Ä PÀæªÀÄ PÉÊUÉƼÀî®Ä ¤zÉÃð±ÀPÀjUÉ ¤zÉÃð²¹zÉÀ. 2005 gÀ ¤AiÀĪÀÄUÀ¼À ¥ÀæPÁgÀ CfðzÁgÀjUÉ PÀ¤µÀ× ªÀÄÆ®ªÉÃvÀ£À ¥ÁªÀw¸À®Ä DqÀ½vÀ ªÀÄAqÀ½ ¨sÁzÀåªÁVzÀÄÝ ¥Àj²Ã®£À Cfð DzÉñÀzÀ ¢£ÁAPÀ¢AzÀ ¥Àæ¸ÁÛªÀ£É ¸À°è¸ÀĪÀªÀgÉUÉ CfðzÁgÀjUÉ PÀ¤µÀ× ªÀÄÆ®ªÉÃvÀ£À ªÀÄÆgÀÄ wAUÀ¼À M¼ÀUÁV ¤ÃqÀ®Ä ¤zÉÃð²¹zÉ. E) ¤zÉÃð±ÀPÀgÀÄ, ±Á¯Á ²PÀët E¯ÁSÉ (¥ÀzÀ« ¥ÀƪÀð) EªÀgÀÄ F DzÉñÀ ºÉÆgÀr¹zÀ MAzÀÄ wAUÀ¼ÉƼÀUÉ ¥ÀzÀ« ¥ÀƪÀð ²PÀët - 6 - HC-KAR NC: 2025:KHC:32483 WP No. 22031 of 2024 E¯ÁSÉAiÀÄ ¤zÉð±À£ÀªÀ£ÀÄß ¥Á°¸ÀzÉ PÀ£ÁðlPÀ ²PÀët PÁAiÉÄÝAiÀÄ PÀ®A 53(2)(7) gÀ G®èAWÀ£É ªÀiÁrgÀĪÀ PÁgÀt C£ÀÄzÁ£ÀªÀ£ÀÄß »A¥ÀqÉAiÀÄĪÀ §UÉÎ ¸ÀàµÀÖ ªÀgÀ¢AiÉÆA¢UÉ ¸ÀPÁðgÀPÉÌ ªÀgÀ¢ ªÀiÁqÀvÀPÀÌzÀÄÝ.” 3. Thereafter, as per the directions of the first respondent, the second respondent has not sent the proposal. Hence, the petitioner is before this Court. 4. The learned AGA appearing for the State raised the following contentions: (i) Firstly, now that the Institution is at the verge of closing, the Government is also withdrawing the salary grant to the Institution. (ii) Secondly, from 2009, the petitioner is not working as per the directions of the second respondent. Therefore, the second respondent has not submitted any proposal. 5. Be that as it may. In the review filed by the petitioner under Section 133 of the Education Act, the first - 7 - HC-KAR NC: 2025:KHC:32483 WP No. 22031 of 2024 respondent, by order dated 30.04.2024 has specifically directed the Deputy Director to send a proposal to the Director and directed the Director to consider the proposal to be submitted by the Deputy Director, in accordance with law. 6. In view of the above, the fifth respondent – Deputy Director is directed to submit a proposal as directed by the first respondent in Review dated 30.04.2024, within two months from today. Thereafter, the second respondent – Director is directed to consider the proposal sent by the fifth respondent in accordance with law, as expeditiously as possible, at any event, within two months from the date of receipt of the proposal. Liberty is reserved to the petitioner to submit a representation to the Management for payment of the salary till the Director considers his representation. If such a representation is submitted to the Management, the - 8 - HC-KAR NC: 2025:KHC:32483 WP No. 22031 of 2024 Management is directed to consider the same in accordance with law. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 38