- 1 - HC-KAR NC: 2026:KHC:17752 WP No. 772 of 2022 C/W WP No. 6914 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 772 OF 2022 (S-RES) C/W WRIT PETITION NO. 6914 OF 2022 (EDN-GIA) IN WP NO. 772/2022 BETWEEN: SHRI ADI DRAVIDA VIDYA SAMSTE SASVEHALLI POST SASVEHALLI - 577224 (HONNALLI TALUK) DAVANAGERE DISTRICT REPRESENTED HEREIN BY ITS PRESIDENT SRI S.H. KRISHNAMURTHY AGED ABOUT 51 YEARS S/O LATE HANUMANTHAPPA ...PETITIONER (BY SRI. SUBHASH SRINIVASA RANGACHAR, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560001 REP. BY THE CHIEF SECRETARY. 2. THE PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560001 REP. BY ITS PRINCIPAL SECRETARY. 3. THE COMMISSIONER COLLEGIATE EDUCATION TECHNICAL BOARD BUILDING PALACE ROAD BENGALURU – 560 001. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17752 WP No. 772 of 2022 C/W WP No. 6914 of 2022 4. THE REGIONAL JOINT DIRECTOR HIGHER EDUCATION SHIVAMOGGA - 577001 ...RESPONDENTS (BY SRI. NEELAKANTAPPA PUJAR, HCGP FOR R-1 TO R-4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO EXTEND GRANT IN AID TO 18 TEACHERS AND 12 ADMINISTRATIVE STAFF (NON TEACHING) VIDE ANNX-B WITH IMMEDIATE EFFECT FROM THE DATE OF THEIR JOINING THE PETITIONERS SERVICE. IN WP No. 6914/2022 BETWEEN: SHRI ADI DRAVIDA VIDYA TRUST SASVEHALLI POST SASVEHALLI - 577 224 HONNALLI TALUK DAVANAGERE DISTRICT REPRESENTED BY ITS PRESIDENT S H KRISHNAMURTHY AGED ABOUT 51 YEARS S/O LATE HANUMANTHAPPA …PETITIONER (BY SRI. SUBHASH SRINIVASA RANGACHAR, ADVOCATE) AND: 1. THE CHIEF SECRETARY THE GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560 001. 2. THE PRINCIPAL SECRETARY DEPARTMENT OF PRIMARY AND HIGHER SECONDARY EDUCATION GOVERNMENT OF KARNATAKA M S BUILDING BENGALURU - 560 001. 3. THE COMMISSIONER PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD BENGALURU - 560 001. - 3 - HC-KAR NC: 2026:KHC:17752 WP No. 772 of 2022 C/W WP No. 6914 of 2022 4. THE DIRECTOR PRE UNIVERSITY BOARD 18TH CROSS, MALLESHWARAM BENGALURU - 560 018. …RESPONDENTS (BY SRI. NEELAKANTAPPA PUJAR, HCGP FOR R-1 TO R-4) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION OR WRIT IN THE FOLLOWING MANNER.TO DECLARE AND HOLD THAT ALL THE EDUCATIONAL INSTITUTIONS RUN BY THE PETITIONERS TRUST ARE ENTITLED TO RECEIVE THE GRANT IN AID FROM THE GOVERNMENT AS PER ANNEXURE-A. THESE PETITIONS ARE BEING HEARD AND RESERVED ON 05.12.2025 COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:- CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CAV ORDER In W.P.No.772/2022, petitioner seeks for the following reliefs:- (a) To declare that the basis on which the grant-in-aid to Eighteen (18) teaching and Twelve (12) non-teaching staff working in petitioner’s I Grade college vide Annexure-B is ultra vires Section 49 of the Karnataka Education Act, 1983 and consequently, the 18 teaching and 12 non-teaching staff are entitled for the benefit of grant-in-aid; (aa) To direct the respondents to extend the grant-in- aid benefit to these 18 teaching and 12 non-teaching staff forthwith as directed vide Annexure-M; (b) Cost of this proceedings; - 4 - HC-KAR NC: 2026:KHC:17752 WP No. 772 of 2022 C/W WP No. 6914 of 2022 (c) such other reliefs as this Hon’ble Court may deem fit to grant in the facts and circumstances of the case;” In W.P.No.6914/2022, petitioner seeks for the following reliefs:- “ a) To declare and hold that all the educational institutional run by the Petitioner’s Trust are entitled to receive the Grant in Aid from Government as per Annexure- A. b) To direct the respondents to extend the benefits of Grant in Aid to the teaching and non- teaching personnel (i) working in Petitioner’s High tech Higher Primary School Sasvehalli, as per the orders passed in ED 90 PMC 2018 vide Annexure-G and K. (ii) working in Petitioner’s High School Sasvehalli as per Orders passed in ED 539 sES vide Annexure-H and K. (iii) working in Peittioner’s Pre-University College Saswahalli as per Orders passed in ED/82/TP4/2017 vide Annexure-s-j and K. c) Such other relief/s as this Hon’ble Court may deem fit to grant in the facts and circumstances of the case. d) Cost of this Proceedings.” 2. Both these petitions are filed by the very same petitioner – Sri.Adi Dravida Vidya Samsthe which is running classes for Higher Primary School, High School and Pre-University College at - 5 - HC-KAR NC: 2026:KHC:17752 WP No. 772 of 2022 C/W WP No. 6914 of 2022 Sasivehalli, Honnali taluk, Davanagere district. The respondents in both the petitions are the State Government and since common questions of law and fact arise for consideration in the both the petitions, they are taken up together for consideration and disposed of by this common order. 3. Heard learned counsel for the petitioner and learned HCGP for respondents and perused the material on record. 4. A perusal of the material on record will indicate that the petitioner – Institution was established on 05.11.1990 and was admitted to grant-in-aid by the State Government, as a result of which, the petitioner’s Institutions became entitled to receive grant- in-aid from the respondents. Subsequently, on 07.04.1994, the respondents – State passed a Government Order deciding to discontinue grant-in-aid to all private Educational Institutions established after 01.06.1987. The said withdrawal was the subject matter including petitions before this Court subsequent to which, the State Government passed an order dated 13.09.2002 extending / enlarging the eligibility of grant-in-aid in favour of Institutions managed by SC/ST community (such as the petitioner) established up to 31.03.1992. thereafter, vide order dated - 6 - HC-KAR NC: 2026:KHC:17752 WP No. 772 of 2022 C/W WP No. 6914 of 2022 07.05.2007, the State Government enlarges / extends the said cut off date up to 31.03.1995 for the purpose of having established Educational Institutions by SC/ST community up to that date. 5. It is contended that after conducting inspection and submitting a report that the petitioners – Institution was eligible for grant-in-aid, the office of the Chief Minister issued a communication dated 04.04.2019 to the Principal Secretary, Department of Education to the effect that grant-in-aid could be extended in favour of the petitioner – Institution in relation to its teaching and non- teaching staff. It is the grievance of the petitioner that despite issuance of legal notices at Annexures-L, L1 and L2, all dated 16.07.2021, the respondents are not taking any steps to extend the benefit of grant-in-aid in favour of the Institutions run by the petitioner, who is before this Court by way of the present petition in W.P.No.6914/2022 seeking the aforesaid reliefs. 6. Though this petition is opposed by the respondents, it is a matter of record and an undisputed fact that during the pendency of the present petition, the State Government took a decision to extend the benefit of the grant-in-aid in favour of 118 Schools and Colleges comprising of 78 Primary schools, 32 High schools, 7 - 7 - HC-KAR NC: 2026:KHC:17752 WP No. 772 of 2022 C/W WP No. 6914 of 2022 Arabic schools and 1 Arabic college which were established during the period from 01.06.1987 to 1994-1995 as a one time measure and passed an order dated 12.04.2023 in this regard. A perusal of the said Government order will indicate that the primary school, High school and P.U.college run by the petitioner are covered by the said Government order dated 12.04.2023 coupled with the earlier orders dated 13.09.2002 and 07.05.2007, whereby the State Government extended the cut off date from 01.06.1987 to 31.03.1995 in respect of the Institutions run by the petitioner which was undisputedly managed by the SC/ST community and consequently, I am of the view that the respondents are to be directed to extend the benefit of grant-in-aid in favour of the Institutions run by the petitioner and release / disburse the grant within a stipulated time frame. 7. A perusal of the material on record will indicate that insofar as W.P.No.772/2022 is concerned, the same relates to only the Pre-University (I Grade college) run by the petitioner which sought for grant-in-aid for 24 teaching staff and 23 non-teaching staff, out of which, the respondents passed an order dated 19.04.2012 extending the benefit of grant-in-aid only to 6 teaching - 8 - HC-KAR NC: 2026:KHC:17752 WP No. 772 of 2022 C/W WP No. 6914 of 2022 staff and 11 non-teaching staff and did not extend the benefit in favour of the remaining 18 teaching staff and 12 non-teaching staff. It is the grievance of the petitioner that despite repeated representations from 2012 till 2021 submitted by the petitioner and the directions issued by this Court in W.P.Nos.203 and W.P.Nos.16607-16635/2017, the respondents are refusing to extend the said benefit on the ground of insufficient workload for the said staff of the petitioner – Institution. 8. In this context, it is pertinent to note that the aforesaid order dated 12.04.2023 passed by the State Government during the pendency of the present petitions, based upon which, this Court has disposed of W.P.No.6914/2022 as stated supra, would have a direct and substantial impact and bearing on the right of the petitioner to claim extension of benefit of grant-in-aid to its aforesaid 18 teaching staff and 12 non-teaching staff in its P.U.college and as such, I am of the view that W.P.No.772/2022 also deserves to be disposed of by issuing certain directions to the respondents. - 9 - HC-KAR NC: 2026:KHC:17752 WP No. 772 of 2022 C/W WP No. 6914 of 2022 9. In the result, I pass the following:- ORDER (i) W.P.No.6914/2022 is hereby allowed. (ii) The respondents are directed to extend the benefit of grant-in-aid in favour of the Institutions run by the petitioner and release / disburse the grant in accordance with law within a period of three months from the date receipt of a copy of this order. (iii) W.P.No.772/2022 is hereby disposed of. (iv) The respondents are directed to consider the request / claim of the petitioner for extension of benefit of grant-in-aid in favour of additional 18 teaching staff and additional 12 non- teaching staff of the Pre-University ( I Grade) college of the petitioner and take appropriate decision / pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.