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2026 DAILYLAW 11945 (KAR)

SRI.SHANTHESH K v. THE STATE OF KARNATAKA

WP/6860/2021 · 2026-02-11

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8250 WP No. 6860 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6860 OF 2021 (S-RES) BETWEEN: 1. SRI.SHANTHESH K S/O DANDEPPA K AGED ABOUT 40 YEARS WORKING AS ENGLISH TEACHER MORARJI DESAI RESIDENTIAL SCHOOL KANNAYAKANAHALLI HARAPANAHALI TALUK BALLARI DISTRICT-583131. 2. SRI RAMESHA M S/O KALAVVA M AGED ABOUT 37 YEARS WORKING AS PHYSICAL EDUCATION TEACHER MORARJI DESAI RESIDENTIAL SCHOOL NAZEER NAGARA, HARAPANAHALLI TALUK BALLARI DISTRICT-583127. 3. SRI K HANUMANTHAPPA S/O THIMMANNA K AGED ABOUT 40 YEARS WORKING AS PHYSICAL EDUCATION TEACHER MORARJI DESAI RESIDENTIAL SCHOOL KANDAGALLU KUDLIGI TALUK BALLARI DISTRICT-583134. 4. SMT SUJATHA H W/O GURUBASAVARAJ G AGED ABOUT 45 YEARS WORKING AS HINDI TEACHER Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8250 WP No. 6860 of 2021 MORARJI DESAI RESIDENTIAL SCHOOL AMBALI, KOTTURU TALUK BELLARY DISTRICT-583134 …PETITIONERS (BY SMT. SHILPA RANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF SOCIAL WELFARE M S BUILDING, BANGALORE-560001. 2. THE EXECUTIVE DIRECTOR/ SECRETARY KARNATAKA RESIDENTIAL INSTITUTIONS SOCIETY CO-OPERATIVE BOARD BUILDING 6TH AND 7TH FLOOR NEAR CHANDRIKA HOTEL CUNNINGHAM ROAD BANGALORE-560001. …RESPONDENTS (BY SRI.G RAMESH NAIK, AGA FOR R1: SRI S M PARITOSH., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS DATED:12.10.2020, 28.10.2020 AND 28.1.2021 PRODUCED AS ANNEXURE-K SERIES AND IN TERMS OF THE ORDER DATED:22.10.2019 IN W.P.NO.8113-8131/2015 ANNEXURE-H AND 11.10.2018 IN W.P.NO.12664/2016 (S-RES) WHICH IS PLACED AT ANNEXURE-G AND IN ACCORDANCE WITH LAW 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 - 3 - HC-KAR NC: 2026:KHC:8250 WP No. 6860 of 2021 1. In this writ petition, the petitioners have sought for the following reliefs: “a) Issue a writ of mandamus or any other writ directing the respondents to consider the representations of the petitioners dated, 12.10.2020, dated, 28.10.2020, and 28.01.2021 produced as Annexure-K Series and in terms of the order dated 22.10.2019 in W.P.No.8113-8131/2015 (Annexure-H) and 11.10.2018 in wp Nos.12664/2016 (S-RES) which is placed at Annexure-G and in accordance with law. b) Issue a writ of mandamus or any other appropriate writ or direction, directing the respondents grants weightage of 5% for each academic years' service irrespective of the date of appointment and proportionate weightage to the service which is less than one half the academic year and further consider the cases of the petitioner for appointment to the posts to which they have applied to meet the ends of justice; c) Issue any other writ or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case.” 2. The case of the petitioners is that the respondent No.2, Society, had issued notification in the year 2011 inviting applications for appointment of Teachers in the schools run by the respondent No.2, Society. Pursuant thereto, the petitioners were appointed as Teachers in the schools run by respondent No.2 on a contractual basis. As - 4 - HC-KAR NC: 2026:KHC:8250 WP No. 6860 of 2021 per the Rules notified by the State Government, the benefit of service weightage was not extended to the petitioners and similarly situated persons. Thereby, the petitioners and other similarly situated persons filed W.P.Nos.20204-20364/2011 and connected matters. This Court, by order dated 13.07.2012, allowed the writ petitions and held that the petitioners are entitled for the benefit of service weightage. Being aggrieved by the said order dated 13.07.2012, respondent No.2 preferred W.A.No.5127/2012 and W.A.Nos.5831-61/2012 and connected matters. By order dated 28.02.2013, the Division Bench of this Court dismissed the writ appeals, affirming the order passed by the learned Single Judge. Thereafter, respondent No.2, Society, filed SLP No.15456/2013 before the Apex Court. The Apex Court, by order dated 09.09.2013, dismissed the said SLP. Thereafter, the respondents have not extended the service weightage to the petitioners and other similarly situated persons. Therefore, some of them approached this Court - 5 - HC-KAR NC: 2026:KHC:8250 WP No. 6860 of 2021 in W.P.No.9803/2022 and the said writ petition came to be disposed of on 16.12.2025. 3. In view of the above, without expressing any opinion on the merits of the case, this writ petition is disposed of. 4. The respondents are directed to reconsider the case of the petitioners in accordance with law, keeping in view the order passed by this Court in W.P.Nos.20204- 20364/2011 dated 13.07.2012 and also the order passed by the Hon’ble Apex Court in SLP No.24767/2023 decided on 22.07.2025, within a period of eight weeks from the date of receipt of a copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 23