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2026 DAILYLAW 13558 (KAR)

MR KOTRESHI M v. THE STATE OF KARNATAKA

WP/10148/2021 · 2026-02-24

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:11274 WP No. 10148 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 10148 OF 2021 (S-RES) BETWEEN: 1. MR KOTRESHI M AGED ABOUT 40 YEARS S/O GUDIMUNDALA MARIYAPPA R/AT RAJANAHALLI POST A K COLONY, RAJANAHALLI HARIHARA TALUK-577601 DAVANAGERE DISTRICT. 2. SMT J NIRMALA AGED ABOUT 41 YEARS W/O KRISHNAPPA R/AT NO. 17, LAKSHMI NILAYA 4TH B CROSS, NEAR R.R.S.L AMRUTHAHALLI SAHAKARA NAGARA POST BENGALURU-560092. 3. SMT SANGEETHA BALIKAI (MASUR) AGED ABOUT 46 YEARS W/O SURENDRA MASUR C/O R.D DIXITA. DATTATREYA NILAYA D.NO. 269, BHOOPASANDRA MAIN ROAD NAGASHETTIHALLI, BANGALORE-560094. 4. SMT SRIDEVI N AGED ABOUT 38 YEARS W/O K J RANGANATHA C/O MUNIRAJU NO.208, DR RAJGOPAL MAIN ROAD OPP. MILLENNIUM PUBLIC SCHOOL Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11274 WP No. 10148 of 2021 NAGASHETTIHALLI BENGALURU-560094 …PETITIONERS (BY SRI. MOHANA CHANDRA P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF HIGH SCHOOL EDUCATION 6TH FLOOR, M S BUILDING DR AMBEDKAR ROAD BENGALURU-560001. 2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS NEW PUBLIC OFFICE, NRUPATHUNGA ROAD BENGALURU-560001. 3. THE DEPUTY DIRECTOR PUBLIC INSTRUCTION BANGALORE NORTH DISTRICT K G ROAD, BANGALORE-560092. 4. BLOCK EDUCATION OFFICER NORTH DIVISION 2 18TH CROSS, MALLESHWARAM BANGALORE-560003. 5. SHREE VINAYAKA EDUCATIONAL SOCIETY BY ITS PRESIDENT AND SECRETARY R.M.S COLONY, NAGASHETTIHALLI SANJAYANAGARA, BANGALORE-560094. 6. SHREE MANJUNATHA KANNADA MEDIUM HIGH SCHOOL HEAD MASTER, R. M.V 2ND STAGE NAGASHETTIHALLI, BANGALORE-560094 …RESPONDENTS (BY SRI. G RAMESH NAIK., AGA FOR R1 TO R4: R5 & R6 ARE SERVED) - 3 - HC-KAR NC: 2026:KHC:11274 WP No. 10148 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION OR ORDER DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION DATED: 23.01.2019 IN PURSUANCE OF ORDER PASSED BY THE HON’BLE COURT IN WP NO: 11998-12202/2016 VIDE ANNEXURE-J 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 1. In this writ petition, the petitioners have sought the following reliefs: “a) Issue a writ of certiorari or any other appropriate writ or order /direction quashing the order dated 30-1-2020 passed by Respondent No.1 in proceeding No. ED 130 SEW 2016 as per ANNEXURE -K in so far as the Petitioners herein are concerned. b) Issue writ of mandamus or any other appropriate writ or direction or order directing the Respondent No.1 to consider the representation dated 23-01-2019 in pursuance of order passed by this Hon'ble Court in W.P.No.11998-12202/2016 vide ANNEXURE –J. and - 4 - HC-KAR NC: 2026:KHC:11274 WP No. 10148 of 2021 c) Grant such other and further reliefs as this Hon'ble Court deems fit under the circumstances of the case.” 2. Learned counsel for the petitioners submits that he will not press prayer (a) of the writ petition and confines the writ petition for consideration of prayer (b) alone and he has filed a memo to that effect. Accordingly, the submission is placed on record. 3. The case of the petitioners is that they were serving as teachers in respondent No.6–Institution, which was admitted to grant-in-aid. Subsequently, the said Institution was closed. It is contended that the respondent–Institution has not released the salary payable to the petitioners. In that regard, the petitioners had submitted a representation. As the same was not considered, they approached this Court by filing W.P. Nos. 11998-12002/2016. This Court, by order dated 04.01.2019, disposed of the said writ petitions permitting - 5 - HC-KAR NC: 2026:KHC:11274 WP No. 10148 of 2021 the petitioners to submit a fresh and comprehensive representation furnishing all material particulars along with supporting documents. Pursuant thereto, the petitioners submitted a fresh representation dated 21.01.2019, vide Annexure–J. It is their grievance that, despite the specific directions issued by this Court in the earlier writ petitions, the said representation has not been considered. Hence, the petitioners are before this Court. 4. This Court, while disposing of the earlier W.P.Nos.11998-12002/2016 on 04.01.2019 had permitted the petitioners to submit a fresh representation and directed the respondents to consider the said representation. The operative portion of the order reads thus: “5. In view of the above, these writ petitions succeed in part; a Writ of Mandamus issues to the respondent Nos. 1 and 2 to consider the claim of the petitioners for release of the salary and also for shifting their services to any other aided or recognized or - 6 - HC-KAR NC: 2026:KHC:11274 WP No. 10148 of 2021 Government institutions as the case may be after holding the necessary enquiry involving all the stake- holders. 6. It is open to the petitioners to make a fresh, comprehensive representation furnishing all material particulars and the supportive documents if any, so that the enquiry contemplated would be meaningful and its conclusion would be expeditious, giving an opportunity of participation to all the stake holders including the Management.” 5. Admittedly, the representation dated 21.01.2019 at Annexure-J submitted by the petitioners has not been considered till date. In view of the earlier directions issued by this Court, it would suffice to direct the respondents to consider the said representation in accordance with law. 6. Accordingly, the following order is passed: ORDER a) Writ petition is disposed of. b) The respondent No.2 and respondent No.3 are directed to consider the representation of the - 7 - HC-KAR NC: 2026:KHC:11274 WP No. 10148 of 2021 petitioners dated 21.01.2019 at Annexure-J in accordance with law, within eight weeks from date of receipt of certified copy of this order, keeping in view the directions issued by this Court in W.P.Nos.11998- 12002/2016 dated 04.01.2019. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 20