Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:21909 WP No. 3248 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.3248 OF 2026 (S-RES) BETWEEN:
MR. SANKETH H M S/O LATE SRI. HONNAPPA V MEGALAMANI AGED ABOUT 24 YEARS PERMANENT RESIDENT OF SHANKARIPURA VILLAGE, BYADGI TALUK, HAVERI DISTRICT -581 106.
PRESENTLY RESIDING AT C/O RAVIKUMAR, NO.82, 1ST FLOOR, LAKSHMI NARASIMHA NILAYA, 3RD CROSS, ASWATH NAGAR, RMV 2ND STAGE, BENGALURU – 560 094. …PETITIONER
(BY SMT. SUREKHA P.M., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF EDUCATION,
BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2.
THE DIRECTOR, DEPARTMENT OF
PRE-UNIVERSITY EDUCATION (DPUE)
18TH CROSS, MALLESHWARAM,
BENGALURU 560 014.
3.
THE DEPUTY DIRECTOR, DEPARTMENT OF PRE-UNIVERSITY EDUCATION,
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:21909 WP No. 3248 of 2026
SOUTH DISTRICT, CAMPUS OF GIRLS
GOVERNMENT PU COLLEGE,
VANI VILAS INSTITUTE, FORT CAMPUS,
BENGALURU - 560 004.
4.
THE PRINCIPAL, VISHWACHETANA PRE-UNIVERSITY COLLEGE,
NO.2, 4TH CROSS, G.K.W LAYOUT,
VIJAYANAGAR,
BENGALURU - 560 040. …RESPONDENTS (BY SRI. SPOORTHY HEGDE, AGA FOR R-1 TO R-3;
SRI. HARISH N.R., ADVOCATE FOR R-4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO FORTHWITH CONSIDER AND PROCESS THE PETITIONER'S APPLICATION DATED 23-12-2025 FOR COMPASSIONATE GROUNDS APPOINTMENT (CGA) AS AT ANNEXURE-H WITHOUT INSISTING UPON PRODUCTION OF A CIVIL COURT DECREE OR CORRECTED SSLC MARKS CARD, PUC MARKS CARD AND TRANSFER CERTIFICATE RELATING TO THE PETITIONER'S MOTHER'S NAME, ESPECIALLY WHEN THE FATHER-SON RELATIONSHIP AND DEPENDENCY OF THE PETITIONER ARE CONCLUSIVELY ESTABLISHED THROUGH THE SERVICE RECORDS AND THE FAMILY TREE AND SURVIVAL MEMBERS CERTIFICATE ISSUED BY THE JURISDICTIONAL TAHSILDAR AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks the following reliefs: a. Issue a writ of mandamus or any other appropriate writ,
order or direction, directing the Respondents to forthwith consider and process the
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HC-KAR NC: 2026:KHC:21909 WP No. 3248 of 2026
Petitioner's application dated 23-12-2025 for Compassionate Grounds Appointment (CGA) as at Annexure-H, without insisting upon production of a civil court decree or corrected SSLC Marks Card, PUC Marks Card and Transfer Certificate relating to the Petitioner's mother's name, especially when the father-son relationship and dependency of the petitioner are conclusively established through the service records and the Family Tree and Survival Members Certificate issued by the jurisdictional Tahsildar. b. Quash and set aside the communication dated 24-10-2025 bearing number: 1715511:DPUE- EST30AS(COGA)/1/2025 issued by Respondent No.2 at Annexure-F and the communication dated 21-01-2026 issued by Respondent No.3 at Annexure-J ಸಂೆ: ಾ ಇ (ಪ ಪ)/ಉ
-ಎ ಎ/ಅ.ಆ.ಹು.ಮಂ/01/2025-26, insofar as they arbitrarily insist upon obtaining a civil court decree and corrected educational records as a condition precedent for processing the Petitioner's application for compassionate appointment. c. Direct the Respondents to forthwith consider and pass appropriate orders on the Petitioner's application for compassionate appointment within a time-bound period, as may be specified by this Hon'ble Court, in the interest of justice and equity. - 4 -
HC-KAR NC: 2026:KHC:21909 WP No. 3248 of 2026
d. Grant such other and further reliefs, including costs, as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity. 2. Heard learned counsel for the petitioner and learned AGA for respondent Nos.1 to 3 and learned counsel for respondent No.4 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner claims to be the son of late Sri. Honnappa V. Megalamani and Smt. Shivakka Megalamani. It is contented that the petitioner's father Sri. Honnappa V. Megalamani was working as Second Division Assistant at respondent No.4 – College when he expired on 23.07.2024, in pursuance of which, the petitioner requested the respondent No.2 to grant him the benefit of Compassionate Appointment.
In response to the request made by the petitioner, the respondent Nos.3 and 4 forwarded the application to respondent No.2, who proceeded to issue the impugned Communication at Annexure – J dated 21.01.2026 to the effect that since the petitioner had already instituted a suit in O.S.No.9099/2025 for rectification of the names of his father and mother in the official records, the application for compassionate
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HC-KAR NC: 2026:KHC:21909 WP No. 3248 of 2026
appointment submitted by the petitioner would be considered after disposal of the aforesaid suit. 4. It is contented that petitioner is residing with his mother and younger sister and that the petitioner's mother and his younger sister are not working and neither the petitioner nor his mother or sister have any source of income for their livelihood and as such, it is necessary that the request of the petitioner for grant of compassionate appointment is to be considered positively by respondent Nos.1 to 3 in the respondent No.4 – College by passing appropriate orders in the present petition by quashing the impugned Communication at Annexure – J.
5. Per contra, learned counsel for respondent No.4 – College submits that the petitioner is indeed the son of the aforesaid deceased – Sri. Honnappa V. Megalamani and that the respondent No.4 – College has no objection for the petitioner to be appointed as Second Division Assistant in the respondent No.4 – College by quashing the impugned Communication issued by respondent No.3. - 6 -
HC-KAR NC: 2026:KHC:21909 WP No. 3248 of 2026
6. Per contra, learned AGA for the respondent Nos.1 to 3 submits that there is no merit in the petition and that the same is liable to be dismissed. 7.
A perusal of the impugned Communication at Annexure – J dated 21.01.2026 will indicate that the sole reason assigned by respondent No.3 for non-consideration of the request for compassionate appointment sought for by the petitioner is by stating that the suit in O.S.No.9099/2025 is still pending
consideration. In this context, a perusal of the plaint and documents produced by the plaintiff in the said suit will clearly indicate that there are several public documents viz., SSLC marks Card, PUC Marks Card, Degree Marks Card, Aadhar Card and Certificates at Annexures – K and L issued by the respondent – State themselves, all of which cumulatively indicate that the petitioner is indeed the son of late Sri. Honnappa V. Megalamani.
8. Under these circumstances, I deem it just and appropriate to quash the impugned Communication at Annexure – J dated 21.01.2026 and direct respondent Nos.1 to 3 to appoint the petitioner as Second Division Assistant by way of compassionate
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HC-KAR NC: 2026:KHC:21909 WP No. 3248 of 2026
appointment in the place of his father late Sri. Honnappa V. Megalamani, which would be subject to the final outcome of O.S.No.9099/2025 and by reserving liberty in favour of respondent Nos.1 to 3 to take appropriate action against the petitioner subsequent to disposal of O.S.No.9099/2025.
9. In the result, I pass the following:
ORDER (i) The petition is hereby allowed. (ii) The impugned Communication at Annexure – J dated 21.01.2026 issued by respondent No.3 is hereby quashed. (iii) The concerned respondent Nos.1 to 3 are
directed to issue the appointment order in favour of the petitioner, as expeditiously as possible and within a period of six weeks from the date of receipt of a copy of this order. (iv) It is further made clear that the appointment
order to be issued by respondent Nos.1 to 3 in favour of the petitioner would be subject to the final outcome of O.S.No.9099/2025 pending before the Trial Court and subject to the petitioner satisfying other requirements.
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HC-KAR NC: 2026:KHC:21909 WP No. 3248 of 2026
(v) Liberty is reserved in favour of the respondents to take action against the petitioner in the event the petitioner is unsuccessful in O.S.No.9099/2025 referred to supra.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
SV List No.: 1 Sl No.: 66