- 1 - HC-KAR NC: 2025:KHC:28343 WP No. 7649 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 7649 OF 2022 (S-RES) BETWEEN: MISS POORNIMA NAYAK D/O MR MADHAVA NAYAK AGED ABOUT 44 YEARS WORKING AS SECOND DIVISION ASSISTANT R/AT KATTE ANGADI HOUSE KUKKUJE POST, DONDERAGADI-574108 VAIKUNTABALIGA COLLEGE OF LAW KUNJIBETTU, UDUPI-576102 …PETITIONER (BY SRI. SRIKANTH M P., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS ADDITIONAL SECRETARY TO THE GOVERNMENT LAW DEPARTMENT(HUMAN RIGHTS) M S BUILDING, BENGALURU-560001. 2. THE COMMISSIONER COLLEGIATE EDUCATION DEPARTMENT PALACE ROAD, BENGALURU-560001. 3. THE REGIONAL JOINT DIRECTOR COLLEGIATE EDUCATION DEPARTMENT MANGALORE-577202. 4. DR T M A FOUNDATION SYNDICATE HOUSE Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28343 WP No. 7649 of 2022 MANIPAL-576119 BY ITS SECRETARY 5. THE PRINCIPAL VAIKUNTA BALIGA COLLEGE OF LAW SYNDICATE HOUSE MANIPAL-576119 BY ITS SECRETARY. …RESPONDENTS (BY SRI.VIKAS ROJIPURA, AGA FOR R1 TO R3: R4 AND R5 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH THE IMPUGNED ENDORSEMENT DATED 07.12.2021 ISSUED BY THE R1 VIDE ANNEXURE-AA 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, challenging the endorsement dated 07.12.2021 (Annexure-AA), whereby the proposal sent by the fifth respondent for approval of grant-in-aid to the appointment of the petitioner as Clerk-cum-Typist has been rejected. 2. The brief facts of the case are that the petitioner joined the fifth respondent – Institution on 17.05.2003 as - 3 - HC-KAR NC: 2025:KHC:28343 WP No. 7649 of 2022 Second Division Assistant when the fifth respondent – Institution was Unaided Private Education Institution. Thereafter, the Management sent a proposal for approval of the grant-in-aid to the employees appointed in the Institution, including the name of the petitioner. In so far as the post of the petitioner is concerned, since she was working against a vacancy reserved for Scheduled Caste candidate her case was not considered. Thereafter, the petitioner’s name has been recommended to the post of Typist, the same has been rejected by the Department on 24.12.2019 (Annexure-P) by issuing the endorsement on the ground that she has obtained the Course in typing from an unrecognized institution and after she obtained the certificate from the recognized institution, one more endorsement was issued on 19.05.2020 that she was over aged. The two endorsements have been challenged before this Court by filing W.P.No.14430/2020. This Court, on 16.06.2021 disposed of the writ petition. The same is extracted below: - 4 - HC-KAR NC: 2025:KHC:28343 WP No. 7649 of 2022 “5. For the reasons aforesaid, the following: ORDER a. The writ petition stands disposed. b. The respondents are directed to consider the case of the petitioner to be brought under the benefit of grant in aid with retrospective effect from the date of the order as passed in cases of other employees by the fourth respondent – Institution i.e., 26.08.2015, keeping in mind the order passed by this Court and pass appropriate orders in accordance with law, within a period of six months from the date of the receipt of a copy of the order, if the petitioner is otherwise eligible.” 3. Thereafter, the first respondent issued the impugned endorsement dated 07.12.2021 (Annexure-AA), stating that there is no provision under the rules and the case of the petitioner cannot be considered. On the earlier occasion, this Court has given a specific direction to the respondents to consider the case of the petitioner to be brought under the benefit of grant-in-aid with retrospective effect from the date the order was passed in the case of other employees by the fourth respondent. - 5 - HC-KAR NC: 2025:KHC:28343 WP No. 7649 of 2022 That order has attained finality. The impugned order is issued contrary to the order passed by this Court in W.P.No.14430/2020. 4. At this juncture, the learned AGA submits that the order passed by this Court in W.P.No.14430/2020 has discussed the issues in respect of the backlog and it has not considered in respect of over-age of the petitioner. As on 26.08.2015 her claim was only in respect of Second Division Assistant. 5. Since the State has not challenged the said order, that order has attained finality. This Court has specifically directed the respondents to consider the case of the petitioner to be brought under grant-in-aid with retrospective effect from the date the order passed in case of other employees and now the endorsement issued on 07.12.2021 is contrary to the directions issued by this Court. On this short ground alone, the impugned endorsement requires to be quashed. - 6 - HC-KAR NC: 2025:KHC:28343 WP No. 7649 of 2022 6. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The impugned endorsement dated 07.12.2021 (Annexure-AA) issued by the first respondent is quashed. (iii) The first respondent is directed to consider the case of the petitioner in terms of the order passed by this Court in W.P.No.14430/ 2020 disposed of on 16.06.2021. (iv) Liberty is reserved to the petitioner as well as the fifth respondent to submit representation along with additional documents. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 45