- 1 - HC-KAR NC: 2026:KHC:20202 WP No. 12684 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 12684 OF 2022 (S-RES) BETWEEN: 1. SMT. S. REKHA NAIR W/O DURGAPRASAD M AGED ABOUT 47 YEARS WORKING AS ASSISTANT MASTER CKS GIRLS HIGH SCHOOL K.R. PURAM, HASSAN - 573 201. R/A LIG - 256, SHABARI 25TH CROSS, KUVEMPU NAGAR HASSAN - 573 201. 2. SRI. BIJU P.J, S/O JOSEPH P.A, AGED ABOUT 43 YEARS WORKING AS ASSISTANT MASTER CKS GIRLS HIGH SCHOOL K.R. PURAM, HASSAN - 573 201, R/A RANGANATHA SWMAY NILAYA, KARIGOWDA COLONY, OPP. NDRK LADIES HOSTEL B.M. ROAD, HASSAN - 573 201. …PETITIONERS (BY SRI. VIRUPAKSHAIAH P.H, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY PRIMARY AND SECONDARY EDUCATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI BANGALORE - 560 001. Digitally signed by JYOTHI MANJUNATH Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20202 WP No. 12684 of 2022 2. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, HASSAN DISTRICT, HASSAN - 573 201. 3. THE BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTIONS, HASSAN TALUK, HASSAN - 573 201. 4. THE SECRETARY C.K.S GIRLS HIGH SCHOOL K.R. PURAM, HASSAN - 573 201. …RESPONDENTS (BY SRI. K. RAMESH NAIK, AGA FOR R1 TO R3; R4 IS SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTIONOF INDIA PRAYING TO QUASH THE ORDER DTD 16.06.2022 BEARING NO. C11.C.K.S. HIGH SCHOOL 99/2017-18 VIDE ANNEXURE-L PASSED BY THE R3 AUTHORITY HOLDING THE SAME IS ILLEGAL 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 S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners have sought for the following reliefs: “a) Issue Writ in the nature of Certiorari or any other Writ or Order or Direction in the similar nature quashing the Order dated 16.06.2022 bearing No. C11.C.K.S. High School - 3 - HC-KAR NC: 2026:KHC:20202 WP No. 12684 of 2022 99/2017-18 vide Annexure-L passed by the 3rd respondent authority holding the same is illegal; b) Grant such other relief or relief's as this Hon'ble Court may deem fit to grant in the facts and circumstances of case in the interest of justice and equity.” 2. Heard learned counsel for the petitioners, learned AGA for respondent Nos.1 to 3 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioners working as teachers in respondent No.4 - School and their appointments were approved by respondent No.2 on 11.06.2003, subject to the condition that they would clear Kannada language examination within a period of two years from the date of appointment. Subsequently, since the petitioners were said not to have cleared the said Kannada Examinations, the respondent passed an order dated 21.02.2018 withholding the salaries and other arrears payable to the petitioners, who approach this Court in WP No.11786/2018 and WP.No.12177/2018, which were allowed by this Court, thereby quashing the impugned orders and declaring that the petitioners would be entitled to all consequential benefits that would flow from setting aside of the impugned order dated - 4 - HC-KAR NC: 2026:KHC:20202 WP No. 12684 of 2022 21.02.2018 in favour of the petitioners. The aforesaid order in WP.No.11786/2018, pertaining to petitioner No.1 is as hereunder: "ORDER The petitioner in this writ petition has called in question the order dated 21.02.2018 passed by the 2nd respondent Deputy Director, Public Instructions, by which the current salary of the petitioner was sought to be withheld on the ground that the petitioner had not cleared Kannada Language examination and till the pelitioner clears examination no salary would be released. 2. The petitioner joined the services of the 4th respondent School an Aided institution as Arts Teacher pursuant to selection process. The appointment is approved by the second respondent on 11.06.2003, which was subject to a condition that the petitioner would clear Kannada Language Examination within two years of appointment. 3. The petitioner had not cleared Kannada Language Examination despite giving an opportunity to do so. On the ground that the petitioner did not clear the Kannada Language Examination within the time stipulated in the Government Order approving appointment of the petitioner, a show cause notice was issued on 29.01.2018, as to why the current - 5 - HC-KAR NC: 2026:KHC:20202 WP No. 12684 of 2022 salary of the petitioner and the another should not be stopped, in the light of the fact that the condition for grant of approval was violated insofar as it pertains to clearing of the Kannada Language Examination. 4. The petitioner has produced an application that she has filed for appearing in the Kannada Language Examination on 27.01.2018 and has subsequently passed in the examination in terms of the results declared by the KPSC on 05.09.2018. Since, the petitioner has now complied with the condition, though belatedly with passing of the Kannada Language Examination, the order impugned withholding her salary will have to be set aside. 5. The writ petition is allowed. Impugned order dated 21.02.2018 is set aside. The petitioner would be entitled to all consequential benefits that would flow from the date of setting aside of the order impugned dated 21.02.2018. " 4. The aforesaid order in WP.No.12177/2018 pertaining to petitioner No.2 is as hereunder: "ORDER The petitioner in this writ petition has called in question the order dated 21.02.2018 passed by the 2nd respondent - Deputy Director, Public Instructions, by - 6 - HC-KAR NC: 2026:KHC:20202 WP No. 12684 of 2022 which the current salary of the petitioner was sought to be withheld on the ground that the petitioner had not cleared Kannada Language examination and till the petitioner clears examination no salary would be released. 2. The petitioner joined the services of the 4th respondent - School an Aided institution as Arts Teacher pursuant to selection process. The appointment is approved by the second respondent on 11.06.2003, which was subject to a condition that the petitioner would dear Kannada Language Examination within two years of appointment. 3. The petitioner had not cleared Kannada Language Examination despite giving an opportunity to do so. On the ground that the petitioner did not clear the Kannada Language Examination within the time stipulated in the Government Order approving appointment of the 26 of betiofen a Inamuos petitioner, a show cause notice was issued on 29.01.2018, as to why the current salary of the petitioner and the another should not be stopped, in the light of the fact that the condition for grant of approval was violated insofar as it pertains to clearing of the Kannada Language Examination. - 7 - HC-KAR NC: 2026:KHC:20202 WP No. 12684 of 2022 4. The petitioner has produced an application that she has filed for appearing in the Kannada Language Examination on 27.01.2018 and has subsequently passed in the examination in terms of the results declared by the KPSC on 05.09.2018. Since, the petitioner has now complied with the condition, though belatedly with passing of the Kannada Language Examination, the order impugned withholding her salary will have to be set aside. 5. The writ petition is allowed. Impugned order dated 21.02.2018 is set aside. The petitioner would be entitled to all consequential benefits that would flow from the date of setting aside of the order impugned dated 21.02.2018." 5. As can be seen from the aforesaid Orders passed by this Court, it has been categorically held that the petitioners had passed the Kannada Examinations and the respondents were not justified in withholding the salaries and other benefits payable in favour of the petitioners. 6. It is the grievance of the petitioners that subsequently despite having paid the amounts payable to them, the respondents now have proceeded to pass the impugned order at Annexure - L falsely contending that they are entitled to recover the alleged - 8 - HC-KAR NC: 2026:KHC:20202 WP No. 12684 of 2022 excess amount paid to the petitioners, which is contrary to law and facts and as such, petitioner is before this Court by way of the present petition. 7. Per contra, learned AGA submits that there is no merit in the petition and the same is liable to be dismissed. 8. A perusal of the impugned order dated 16.06.2022 vide Annexure - L will clearly indicate that the same is contrary to the orders passed by this Court referred to supra and the said orders have not even been referred to by the respondents while passing the impugned order. Under these circumstances, I deem it just and appropriate to quash the impugned Order at Annexure - L dated 16.06.2022 passed by respondent No.3 and remit the matter back to respondent No.3 for reconsideration afresh in accordance with law. 9. In the result, I pass the following:- ORDER i. Petition is hereby allowed. ii. The Impugned order at Annexure - L dated 16.06.2022 is hereby quashed. - 9 - HC-KAR NC: 2026:KHC:20202 WP No. 12684 of 2022 iii. The matter is remitted back to the respondent No.3 for reconsideration afresh in accordance with law bearing in mind the orders passed by this Court in the earlier round of litigation, in WP No.11786/2018 and WP.No.12177/2018 vide Annexures - G and G1, after providing sufficient and reasonable opportunity to the petitioners and hearing them in accordance with law. iv. In addition thereto, the respondents are directed to clear all amounts, salaries, arrears etc., payable to the petitioners within a period of one month from the date of receipt of a copy of this Order. Sd/- (S.R.KRISHNA KUMAR) JUDGE BH : List No.: 1 Sl No.: 11