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2026 DAILYLAW 2225 (KAR)

KOWSHIK T.V. v. STATE OF KARNATAKA

WP/59388/2015 · 2026-03-27

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17589 WP No. 59388 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 59388 OF 2015 (S-RES) BETWEEN: 1. KOWSHIK T.V. S/O. VISVESWARAIAH T.M. AGED ABOUT 29 YEARS, WORKING AS KANNADA TEACHER, KITTURU RANI CHENNAMMA RESIDENTIAL SCHOOL (SW), CHIKKONAHALLIPURA, KADABAHALLI PO, BINDIGANAVILE HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT, RESIDING AT THATTEKERE VILLAGE & POST, HONAKERE HOBLI, NAGAMANGALA TALUK AND MANDYA DISTRICT – 571 432. 2. KRISHNAMURTHY G.R. S/O. B. RAJAPPA, AGED ABOUT 31 YEARS, WORKING AS KANNADA TEACHER, MORARJIDESAI RESIDENTIAL SCHOOL (BCM), HONAKERE HOBLI, NAGAMANGALA TALUK AND MANDYA DISTRICT – 571 432, RESIDING AT GANGANAHALLI VILLAGE KANTHAPURA (PO), HONAKERE HOBLI, NAGAMANGALA TALUK AND MANDYA DISTRICT – 571 432. 3. UMESHA H.N. S/O. NANJEGOWDA, AGED ABOUT 37 YEARS, WORKING AS KANNADA TEACHER, MORARJIDESAI RESIDENTIAL SCHOOL (SW), KOTEBBETA DEVALAPURA HOBLI, NAGAMANGALA TALUK AND Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17589 WP No. 59388 of 2015 MANDYA DISTRICT – 571 432, RESIDING AT HOOVINAHALLI VILLAGE, MAYAGONAHALLI (POST), KASABA HOBLI, NAGAMANGALA TALUK AND MANDYA DISTRICT – 571 432. NOTE – PETITIONER NO.2 AND 3 ARE DELETED AS PER ORDER DATED …PETITIONERS (BY SRI. NARAYANA SWAMY K. B., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPT. OF SOCIAL WELFARE, VIKASA SOUDHA, BENGALURU – 560 001. 2. THE KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, REP. BY ITS EXECUTIVE DIRECTOR, ROOPA COMPLEX, NO.179, II AND III FLOOR, I MAIN, SHESHADRIPURAM, BENGALURU – 560 020. …RESPONDENTS (BY SRI. G. RAMESH NAIK, AGA FOR R1; SRI. SHISHIRA AMARNATH, ADVOCATE FOR R2) THIS W.P. IS FILED PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION HOLDING THAT THE PETITIONER AS REGULARLY RECRUITED TEACHERS DURING NO RULE PERIOD AND IS ENTITLED TO BE CONTINUED IN SERVICE TILL THE AGE OF SUPERANNUATION TO MEET THE ENDS OF JUSTICE AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:17589 WP No. 59388 of 2015 ORAL ORDER In this petition, the petitioners seek the following reliefs: “(a) Issue a writ of mandamus or any other appropriate writ or direction holding that the petitioner as regularly recruited teachers during no rule period and is entitled to be continued in service till the age of superannuation to meet the ends of justice; Or in the alternative to prayer (a) (b) Issue a writ of mandamus or any other appropriate writ or direction holding that the petitioners are working on Deputation and is required to be absorbed under Rule 7 of the Karnataka Residential Educational Institutions Society (Cadre and recruitment) regulations 2011 and also is entitled to be continued in service till the age of superannuation to meet the ends of justice; (c) Issue a writ of mandamus or any other appropriate writ or direction holding that the petitioners is entitled to all the benefits including the scales of pay and other allowances attached to the posts held by his ever since the dates of his appointment and arrears of salary, less whatever is paid to meet the ends of justice: (d) Award costs of this proceedings and Pass such other order or orders as this Hon'ble Court deems fit in the circumstances of the case. Or in the alternative if prayers at (a) and (b) are not granted - 4 - HC-KAR NC: 2026:KHC:17589 WP No. 59388 of 2015 (e) Issue a writ of Certiorari or any other appropriate writ, order or direction quashing the Select list bearing No Ka. Va. Shi. Sa. Sa. / Adalita/Ho. Ne./C.R-01/2013-14 dated 19.10.2015 produced at Annexure H, as the same is illegal and violative of Art 14,16 and 21 of Constitution. (f) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to redo the select list as ordered by this Hon'ble Court and include the name of the Petitioner and grant his all consequential benefits including fixation of pay from the date of initial appointment and grant his arrears on such fixation to meet the ends of justice; 2. Heard learned counsel for the petitioner, learned AGA for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. Learned counsel for the petitioners submits that during the pendency of the present petition, the petitioner has filed a memo dated 16.11.2020 enclosing the following documents: “1) Annexure J-1:- KREIS (Cadre and Recruitment) Regulations 2011 2) Annexure J-2:-Order dated 13.07.2012 in WP No. 20204/2011 and Connected Petitions. 3) Annexure J-3:-Judgement dated 28.02.2013 made in WA No. 5127/2012 and Connected Appeals. - 5 - HC-KAR NC: 2026:KHC:17589 WP No. 59388 of 2015 4) Annexure J-4:-Order dated 22.10.2019 in WP No.8113/2015 and Connected Petitions. 5) Annexure J-5:-Order dated 29.01.2020 in WP No.58069/2015. 6) Annexure J-6:-Judgement dated 19.06.2019 in WA No.299/2019.” 4. The petitioner has also filed an application, I.A.No.1/2026 on 19.02.2026 seeking permission to produce additional documents, which are hereunder: “Annexure-J 7: True copy of the judgement dated 19.07.2023 in W A No. 360/2020 and connected Writ appeals arising out of the Order dated 22.10.2019 W P No.8113-31/2015 and connected Writ Petitions Annexure-J 8: True copy of the Order dated 22.07.2025 in SLP (C) No. 24707/2023 Annexure-19: True copy of the selection Order dated 09.12.2025” 5. It is submitted that the present petition seeking the aforesaid reliefs may be treated as a representation and the respondents may be directed to consider the same, bearing in mind the aforesaid documents produced by the petitioners referred to supra and in accordance with law, as expeditiously as possible. - 6 - HC-KAR NC: 2026:KHC:17589 WP No. 59388 of 2015 6. Per contra, learned AGA and learned counsel for respondent No.2 jointly submit that if reasonable time is granted, the concerned respondents would consider the representation of the petitioner and pass order in accordance with law. 7. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of the petition by directing the concerned respondents to address the grievances of the petitioner, bearing in mind the aforesaid documents including the judgments produced by the petitioner and in accordance with law, within a period of two months from the date of receipt of a copy of this order. 8. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 79