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2026 DAILYLAW 12522 (KAR)

SRI NAGARAJU N M v. THE STATE OF KARNATAKA

WP/13120/2026 · 2026-04-24

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:23208 WP No. 13120 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.13120 OF 2026 (S-RES) BETWEEN: 1. SRI NAGARAJU N M S/O LATE MALLAPPA AGED ABOUT 45 YEARS, WORKING AS PRINCIPAL AND ENGLISH, TEACHER, MDRS SCHOOL BADAVANAHALLI DODDERI HOBLI, MADUGIRI TALUK, TUMKUR, R/AT NITRAHALLI POST, PURAVRA HOBLI, MADUGIRI TALUK, TUMKURU-572 132. 2. GUNDAIAH L.E, S/O ERANNA, AGED ABOUT 40 YEARS, WORKED AS A SOCIAL SCIENCE AND KANNADA TEACHER, MDRS SCHOOL, YALLADAKERE, HIRIYURU TALUK, CHITRADURGA DISTRICT RESIDING AT BEHIND AMBEDKAR KALYNAMANTAPA, RAJENDRA NAGAR, CHITRADURGA-577 501. 3. SMT. SARASWATHI M.P. W/O RAVINDRA, AGED ABOUT 40 YEARS, WORKED AS PRINCIPAL AND SOCIAL SCIENCE TEACHER, MDRS SCHOOL, YADADI MATHVADI KOTESHWARA, KUNDAPURA TALUK, UDUPI DISTRICT, RESIDING AT LAKSHI SADANA FISHARIES BEEJODI ROAD, KOTESHWARA POST, KUNDAPURA UDUPI-576 101. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23208 WP No. 13120 of 2026 4. RAJAKUMAR S/O SHIVANNA AGED ABOUT 40 YEARS, WORKING AS PHYSICAL EDUCATION TEACHER, MDRS SCHOOL (SC-322), DARIGUDDA, SHAHAPURA TALUK, YADAGIRI RESIDING AT BADIGER, HEGGANADODDI POST, SHAHAPURA TALUK, YADAGIRI-585 216. 5. MADIVALAPPA, S/O PRADANAPPA, AGED ABOUT 44 YEARS, WORKED AS KANNADA TEACHER MDRS SCHOOL (SC-322), DARIGUDDA, SHAHAPURA TALUK, YADAGIRI HEGGANADODDI POST, SHAHAPURA TALUK, YADAGIRI-585 216. 6. SMT.SEETHA, W/O SURESH NAIK AGED ABOUT 41 YEARS, WORKING AS MATHEMATICS TEACHER MDRS SCHOOL (SC-204), HERANJALU KAMBADAKONE, UDUPI RESIDING AT NO.1/21 MATHRU SHREE NILAYA, BELLAMPALLI POST, UDUPI TQ, UDUPI-576 124. 7. JATTAPPA S/O TAGALEPPA AGED ABOUT 45 YEARS WORKING AS PRINCIPAL KANNADA AND SOCIAL SCIENCE TEACHER MDRS SCHOOL (SC-318) SANGAM, BENDEBEMBALI, WADAGER TALUK, YADAGRI R/AT NADKOOR, POST, PARSANAHALLI SHARAPURA TALUK, YADAGIRI-585 216. 8. S.D THIMMEGOWDA S/O DEVEGOWDA - 3 - HC-KAR NC: 2026:KHC:23208 WP No. 13120 of 2026 AGED ABOUT 57 YEARS WORKING AS KANNADA TEACHER MDRS SCHOOL (ST), KAGGUND, PIRIYAPATANA TALUK, MYSURU R/AT SURAGAHALLI VILLAGE, HALAGANAHALLI POST, PIRIYAPATANA TALUK, MYSURU-570 032. 9. BAREEDA TAHSEEN W/O SHAIK MOHSIN AGED ABOUT 48 YEARS, WORKING AS ASSISTANT SOCIAL SCIENCE /URDU TEACHER MDRS SCHOOL (MINORITY), BAMBALAGI, BIDAR TALUK, AND DISTRICT R/AT H.NO. K-18-3-120, MAKDUAJI DARGA, CHIDRAI ROAD, BIDAR TALUK, BIDAR DISTRICT-585 401. …PETITIONERS (BY SMT. MANJULA D, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF SOCIAL WELFARE, M.S.BUILDING, BANGALORE-560 001. 2. THE EXECUTIVE DIRECTOR / SECRETARY, KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY CO-OPERATIVE BOARD BUILDING, 6TH AND 7TH FLOOR, NEAR CHANDRIKA HOTEL, CUNNINGHAM ROAD, BANGALORE-560 001. …RESPONDENTS (BY SRI. G. RAMESH NAIK, AGA FOR R-1; SRI. SIDDHARTH BABURAO, ADVOCATE FOR R-2) THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER AND GRANT PROPORTIONATE SERVICE - 4 - HC-KAR NC: 2026:KHC:23208 WP No. 13120 of 2026 WEIGHTAGE TO THE PETITIONERS FOR THE ACADEMIC YEARS 2008- 2009, 2009-2010, 2010-2011, 2011-2012 AND 2012-2013, IN TERMS OF THE SERVICE RENDERED BY THE PETITIONERS FROM THE RESPECTIVE DATES OF JOINING AND IN ACCORDANCE WITH THE JUDGMENTS RENDERED IN W.A.NO.545/2021 DATED 07.11.2022 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, petitioners seek the following reliefs; (i) Issue a writ of mandamus directing the respondents to consider and grant proportionate service weightage to the petitioners for the academic years 2008- 2009, 2009-2010, 2010-2011, 2011-2012 and 2012-2013, in terms of the service rendered by the petitioners from the respective dates of joining and in accordance with the judgment rendered in W.A.No.545/2021 dated 07.11.2022. (ii) Issue writ of mandamus directing the respondents to consider the representation dated 15.04.2026, 15.04.2026, 15.04.2026, 15.04.2026, 15.04.2026, 15.04.2026, 15.04.2026, 15.04.2026, 15.04.2026, Annexures – P, P1, P2, P3, P4, P5, P6, P7 & P8 and grant the proportionate service weightage for the aforesaid academic years of 2008-2009, 2009-2010, 2010- 2011, 2011-2012 and 2012-2013 while computing the total marks of the petitioners for selection purposes and consequently declare the petitioners are eligible for selection against the post of Kannada Teacher. - 5 - HC-KAR NC: 2026:KHC:23208 WP No. 13120 of 2026 (iii) Pass such other or further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity. 2. Heard learned counsel for the petitioners and learned AGA for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. It is the grievance of the petitioners that their representations at Annexures – P, P1, P2, P3, P4, P5, P6, P7 and P8 all dated 15.04.2026 submitted to the respondents praying to grant the proportionate service weightage for the academic years 2008-09, 2009-10, 2010-11, 2011-12 and 2012-13 have not been considered so far by the respondents nor any order has been passed on the same. Under these circumstances, the petitioners are before this Court by way of present petition. 4. Per contra, learned counsel for the respondents submits that if reasonable time is given, the respondents would consider and pass necessary order on the said representations. 5. In view of the aforesaid facts and circumstances and rival submissions, the concerned respondents are hereby directed - 6 - HC-KAR NC: 2026:KHC:23208 WP No. 13120 of 2026 to address the grievances of the petitioners and consider their representations at Annexures – P, P1, P2, P3, P4, P5, P6, P7 and P8 all dated 15.04.2026 bearing in mind the order passed by the Hon’ble Division Bench of this Court in the case of The Karnataka Residential Educational Institutions Society Vs. Mounesh and others – W.A.No.545/2021 dated 07.11.2022 and in accordance with law, within a period of three months from the date of receipt of a copy of this order. 6. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 71