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2026 DAILYLAW 1321 (KAR)

SRI.M.K. SUJAY v. STATE OF KARNATAKA

WP/24775/2024 · 2026-02-18

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9961 WP No. 24775 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 24775 OF 2024 (S-RES) BETWEEN: SRI.M.K. SUJAY S/O LATE M M KUSHALAPPA AGED ABOUT 53 YEARS R/AT THYAGATTUR VILLAGE VALNUR POST, KUSHALNAGAR HOBLI KODAGU DISTRICT-571234. WORKING AS ENGLISH LECTURER AT BHARATHI PRE-UNIVERSITY COLLEGE MAGAGODU, MADIKERI TALUK KODAGU DISTRICT 571201 …PETITIONER (BY SRI. RANGANATHA S JOIS, ADVOCATE FOR SRI. TEJASVI K V, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY THE SECRETARY TO GOVERNMENT PRIMARY AND SECONDARY EDUCATION EDUCATION DEPARTMENT M S BUILDING, BENGALURU. 2. SECRETARY BHARTHI PRE-UNIVERSITY COLLEGE MARGODU, KODAGU DISTRICT-571252 Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9961 WP No. 24775 of 2024 3. DEPUTY DIRECTOR PRE-UNIVERSITY EDUCATION DEPARTMENT AND PROFESSIONAL EDUCATION DEPARTMENT KODAGU DISTRICT, MADIKERI-571201. 4. DIRECTOR PRE-UNIVERSITY EDUCATION DEPARTMENT PALACE ROAD, BENGALURU-560012. 5. COMMISSIONER PRE-UNIVERSITY EDUCATION DEPARTMENT PALACE ROAD, BENGALURU-560012. 6. JOINT DIRECTOR SCHOOL EDUCATION DEPARTMENT PRE UNIVERSITY, BENGALURU-12 …RESPONDENTS (BY SRI. G RAMESH NAIK, AGA FOR R1 TO R6) 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 APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO GRANT THE PETITIONER GRANT-IN-AID WITH RETROSPECTIVE EFFECT FROM THE DATE OF HIS ELIGIBILITY 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 - 3 - HC-KAR NC: 2026:KHC:9961 WP No. 24775 of 2024 ORAL ORDER 1. In this writ petition, the petitioner has called in question the endorsement dated 19.05.2024 issued by respondent No.4 (Annexure-A), whereby the proposal sent by the respondent-Management seeking approval of grant-in-aid in respect of the petitioner’s post has been rejected. 2. The case of the petitioner is that he was appointed as a Lecturer in English at respondent No.2–Bharathi Composite P.U. College, Margodu, Kodagu District – on 03.07.1994. The said institution is an aided college. The petitioner’s appointment was approved; however, he was not admitted to grant-in-aid. Subsequently, the Management submitted a proposal to the concerned Department seeking admission of the petitioner to grant-in-aid. The same was not considered. Repeated proposals were thereafter submitted. Pursuant to the proposals sent by the Management, the Joint Director - 4 - HC-KAR NC: 2026:KHC:9961 WP No. 24775 of 2024 submitted a report dated 28.08.2023 (Annexure-ZK). Thereafter, respondent No.4 issued the impugned endorsement rejecting the request to admit the petitioner’s post to grant-in-aid on the ground that there was no adequate student strength in the college. Being aggrieved, the present petition is filed. 3. Learned Additional Government Advocate has filed statement of objection contending that the appointment of the petitioner was not in accordance with law and he was not qualified to be appointed as an English Lecturer in the respondent No.2-Institution. 4. Heard the learned counsel for the parties. Perused the impugned endorsement. 5. Upon perusal of the impugned endorsement, it is evident that, except stating that there is no adequate student strength in the college, no other reasons are assigned regarding the petitioner’s eligibility or the - 5 - HC-KAR NC: 2026:KHC:9961 WP No. 24775 of 2024 validity of his appointment, while rejecting the proposal. The impugned endorsement is passed without application of mind and it is not a speaking order. On this ground alone, the impugned endorsement is liable to be quashed. The matter requires reconsideration. Accordingly, the following order is passed: ORDER a) Writ petition is disposed of. b) The impugned endorsement dated 19.05.2024 issued by respondent No.4 at Annexure-A, is quashed. c) The petitioner is permitted to submit additional representation enclosing all necessary documents to establish his case within two weeks from the date of receipt of the certified copy of this order. d) Respondent Nos.3 to 5 are directed to consider the proposal sent by the respondent- Management and also the additional - 6 - HC-KAR NC: 2026:KHC:9961 WP No. 24775 of 2024 representation furnished by the petitioner along with all necessary documents, in accordance with law, and pass appropriate orders within two weeks from date of submitting the additional representation by the petitioner. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 42