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2026 DAILYLAW 16620 (KAR)

THIPPESWAMY M v. THE STATE OF KARNATAKA

WP/6377/2026 · 2026-04-15

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20532 WP No. 6377 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 6377 OF 2026 (S-RES) BETWEEN: 1. THIPPESWAMY M S/O MAHALINGAPPA, AGED ABOUT 45 YEARS, WORKING AS PRINCIPAL, MDRS (MIN), DEVEARAKATTE, HIRIYURU, CHITRADURGA, RESIDING AT BAGGANADU VILLAGE. K.R.HALLY POST. T.G.HALLY (OBLI) HIRIYURU TALUK, CHITRADURGA DISTRICT-577538 2. CHAYA D/O VENKOBRAO W/O ARAVINDA AGED ABOUT 52 YEARS, WORKING AS PRINCIPAL, MDRS SCHOOL, ALAND DISTRICT, KALBURGI RESIDING AT DHOOLPET, MOHALLA NEAR VEGIYABLE MARKET, POST RENGAMPET TALUK SHAPURA, DISTRICT-YADAGIRI-585220 3. LINGARAJU, LATE GANGAPPA, AGED ABOUT 42 YEARS, WORKING AS PRINCIPAL, KITTRURU RANI CHANNAMMA RESIDENTIAL SCHOOL (KRCS) (SC-393) AIMANAGALA, HIRIYURU, R/AT P.GOWARIPURA VILLAGE, MAHADEVPURA POST, CHALLAEKERE DISTRICT CHITRADURGA DISTRICT-577538 4. SAVITHA P. W/O D.R. SURESH AGED ABOUT 38 YEARS, Digitally signed by JYOTHI MANJUNATH Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20532 WP No. 6377 of 2026 WORKING AS HINDI TEACHER, MDR SCHOOL (SC-33), DEVARAKATTA, HIRIYURU TALUK, CHITRADURGA DISTRICT RESIDING AT DEVARAKATTER, BYDARAHALLI POST, HIRIYURU TALUK, CHITRADURGA DISTRICT-577538 5. VINOD RAMESH NAYAK, S/O RAMESH P.NAYAK, AGED ABOUT 40 YEARS. WORKED AS SCIENCE TEACHER KITTURU RANI CHENNAMMA RESIDENTIAL SCHOOL, RAMANGAR, JOIDA TALUK UTTAR KANNADA DISTRICT, RESIDING AT KANAGIL, HICHKAD POST. ANKOLA TALUK. UTTAR KANNADA DISTRICT-581353, 6. KUM DAVANA D/O MUSTHEPPA AGED ABOUT 50 YEARS, WORKING AS SCIENCE AT MDRS, LINGELI STATION, YADAGIRI RESIDING AT AMBEDKAR NAGAR, YADAGIRI-585201 7. PUSHAPAVATHI W/O SIDDALINGAPPA AGED ABOUT 42 YEARS, WORKING AS SOCIAL SCIENCE, KALEBELAGNDI, RESIDING AT H.NO.S-1-1-40/614 NEAR BASHESHVASNAGAR, YDAGIRI-585201 8. SHASHIKALA MALIPATIL, W/O MAHESH KUMAR AGED 47 YEARS, WORKING AS A PRINCIPLE, MDRS SCHOOL, KODEKAL, YADAGIRI RESIDING AT NEAR MANDALAMMA GUDI, KODEKAL, YADAGIRI HUNSAGI TALUK YADIGIRI DISTRICT -585201 9. YARRISWAMY, S/O HANUMANTHAPPA, - 3 - HC-KAR NC: 2026:KHC:20532 WP No. 6377 of 2026 AGED ABOUT 43 YEARS, WORKING AS SOCIAL TEACHER, MDRS BANNIHATTI, SANDUR TALUK, BALLARI DISTRICT, RESIDING AT KUDUTHINIPATTANA-BALLARY-583101 …PETITIONERS (BY SRI.MANJULA D.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF SOCIAL WELFARE, M.S.BUILDING, BANGALORE-560001 2. THE EXECUTIVE DIRECTOR/SECRETARY, KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY, CO-OPERATIVE BOARD BUILDING, 6TH AND 7TH FLOOR, NEAR CHANDRIKA HOTEL, CUNNINGHAM ROAD, BANGALORE-560001 …RESPONDENTS (BY SRI.SPOORTHY HEGDE, AGA FOR R1 SRI. SIDDARTH BATRA RAO, ADVOCATE FOR R2) THIS WP IS FILED PRAYING TO A. ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER, OR DIRECTION, DIRECTING THE RESPONDENTS TO GRANT SERVICE WEIGHTAGE AT THE RATE OF 5 PERCENT FOR EACH COMPLETED ACADEMIC YEAR IRRESPECTIVE OF THE DATE OF APPOINTMENT, AND TO FURTHER GRANT PROPORTIONATE WEIGHTAGE FOR ANY PART-YEAR SERVICE RENDERED, INCLUDING SERVICE LESS THAN ONE FULL ACADEMIC YEAR, IN ACCORDANCE WITH LAW AND BINDING JUDICIAL PRONOUNCEMENTS. THE PETITIONERS FURTHER SEEK A DIRECTION TO THE RESPONDENTS TO CONSIDER THEIR CASES FOR SELECTION AND APPOINTMENT TO THE POSTS THEY HAD APPLIED FOR UNDER THE RECRUITMENT CONDUCTED BY THE KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY (KREIS), IN LIGHT OF THEIR - 4 - HC-KAR NC: 2026:KHC:20532 WP No. 6377 of 2026 QUALIFYING SERVICE AND REPRESENTATIONS SUBMIT DATED 06-01- 2026, 19-12-2014, 07-01-2026, 07-01-2026, 21-01-2026, 21-01-2026, 08-01- 2026, 17-02-2026, 09-01-2026 ANNEXURES S,S1 TO S8, AND TO GRANT THEM THE BENEFIT OF SUCH SERVICE WEIGHTAGE AS HAS ALREADY BEEN EXTENDED TO SIMILARLY SITUATED CANDIDATES. THIS PETITION, COMING ON FOR FINAL HEARING, 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: "A. Issue a WRIT OF MANDAMUS or any other appropriate Writ or order, or direction, directing the Respondents to grant service weightage at the rate of 5% for each completed academic year, irrespective of the date of appointment, and to further grant proportionate weightage for any part-year service rendered, including service less than one full academic year, in accordance with law and binding judicial pronouncements. The Petitioners further seek a direction to the Respondents to consider their cases for selection and appointment to the posts they had applied for under the recruitment conducted by the Karnataka Residential Educational Institutions Society (KREIS), in light of their qualifying service and representations submit dated:06-01-2026, 19-12-2014, 07-01-2026, 07-01-2026, 21-01- 2026, 21-01-2026, 08-01-2026, 17-02-2026 and 09-01-2026 Annexures S, S1 to S8, and to grant them the benefit of such service weightage as has already been extended to similarly situated candidates. B. To issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the Respondents to grant proportionate service weightage for the academic years 2011- 2012 and 2012-2013, in terms of the Karnataka Residential Educational Institutions Society (Cadre and Recruitment) Regulations, 2011, as they stood prior to the amendment dated 07-08-2013 laid down by this Hon'ble Court and the Hon'ble Supreme Court; to consequently include the names of Petitioners - 5 - HC-KAR NC: 2026:KHC:20532 WP No. 6377 of 2026 No.1 to 09 in the final selection list, and to appoint them to their respective posts with effect from the date on which other similarly placed candidates were appointed under the same recruitment process or from the date of occurrence of the vacancy, whichever is earlier; and to extend all consequential service benefits, including fixation of pay, arrears of salary, continuity of service, seniority, and annual increments, in order to meet the ends of justice and equity. c. Issue any other writ or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case". 2. Heard learned counsel for the petitioners, learned AGA for respondent No.1 and learned counsel for respondent No.2. 3. A perusal of the material on record will indicate that the representations at Annexures-S, S1 to S8 submitted by the petitioners have not been considered by the respondents even till today. The petitioners are before this Court by way of present petition. 4. Under these circumstances and rival submissions, I deem it appropriate to dispose of this petition directing the concerned respondents to address the grievances of the petitioners and consider and pass appropriate orders/take appropriate decision pursuant to the representations and Annexure- S, S1 to S8 submitted by the petitioners in accordance with law bearing in mind the order passed by this Court in WP.No.21604/2019 dated 23.09.2020, WP.No.8113-8131/2015 dated 22.10.2019, W.A.No.360/2020 dated 19.07.2023 and Special Leave to - 6 - HC-KAR NC: 2026:KHC:20532 WP No. 6377 of 2026 Appeal(c).No.24767/2023 dated 22.07.2025 and in accordance with law, within a period of two months from the date of receipt of a copy of this order. 5. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE RJ List No.: 1 Sl No.: 7