- 1 - HC-KAR NC: 2026:KHC:28364 WP No. 2203 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 2203 OF 2021 (S-RES) BETWEEN: SRI SIDDESHWARA RURAL EDUCATION (R) KESTURU, KORA HOBLI, TUMAKURU TALUK TUMAKURU - 572 132 REPRESENTED BY ITS SECRETARY SRI K S SHANKAR …PETITIONER (BY SRI. S S PARIKSHIT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EDUCATION M.S.BUILDING BENGALURU - 560 001 2. DEPUTY DIRECTOR DEPARTMENT OF PRE-UNIVERSITY TUMAKURU DISTRICT TUMAKURU - 572 001 …RESPONDENTS (BY SRI. G RAMESH NAIK, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28364 WP No. 2203 of 2021 QUASH THE ORDER PASSED BY THE R-1 IN REVISION PETITION NO.3/2017 DTD.22.01.2018 VIDE ANENXURE-D AND ALSO THE ORDER PASSED BY THE R-1 IN REVIEW PETITION NO.58/2018 DTD.29.11.2019 VIDE ANENXURE-F. FURTHER DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DTD 11.07.2016 AND 12.07.2016 OF THE PETITIONER APPROVING THE APPOINTMENT OF MAJUNATH A.S. AND H.K. ANIL KUMAR AS ASST. TEACHER IN THE SUBJECT OF SCIENCE AND ENGLISH RESPECTIVELY IN THE SCHOOL SRI. SIDDEESHWARA PER-UNIVERSITY COLLEGE (HIGH SCHOOL SECTION) RUN BY THE PETITIONER SOCIETY WITH GRANT IN AID WITH EFFECT FROM 6.8.2015 AT ANNEXURE-A AND B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner filed this petition seeking the following prayer: 1. Quashing the order passed by 1st Respondent in Revision Petition No. 03/2017 dated 22/01/2018 Vide ANNEXURE-D and also the order passed in Review Petition 58/2018 dated 29/11/2019 vide ANNEXURE-F 2. Further issue a writ of Mandamus or any writ of order directing the respondents to consider the representations dated 11.07.2016 and 12.07.2016 of the Petitioner approving the appointment of Manjunath.A.S, and H.K. Anil Kumar as Asst. teacher in the subject of - 3 - HC-KAR NC: 2026:KHC:28364 WP No. 2203 of 2021 Science and English respectively in the school Sri Siddeshwara Pre-University College (High School Section) run by the Petitioner society with grant-in-aid with effect from 06/08/2015 is at Annexure-A&B. 3. Further grant any such other relief that this Hon'ble Court deems fit to grant in the interest of justice and equity. 2. Brief facts leading rise to the filing of this petition are as follows: 3. The petitioner’s society was formed in 1959 and the school was granted with a grant-in-aid facilities in 1964. Two posts in the subject of Science and English fell vacant due to the dismissal of two teachers. The petitioner’s society has appointed assistant teacher by name A. S. Manjunath in the subject of Science. The said teacher was reported to duty on 06.08.2015. The petitioner's society requested the department for approval of said appointment with grant. The second respondent instructed the BEO to conduct a spot enquiry as to whether the above appointment of the teacher was - 4 - HC-KAR NC: 2026:KHC:28364 WP No. 2203 of 2021 made as per Government rules. If not instructed to give an endorsement by quoting government order. 4. In view of the fact the respondent department has not taken any decision on the request made by the petitioner and kept it pending for many days. The petitioner’s society preferred a revision petition before the first respondent under Section 131 of the Karnataka Education Act, which was numbered as Revision Petition No.3 of 2017. 5. The Revision petition filed by the petitioner was dismissed by the order dated 22.01.2018 and held that the petitioner's society has not followed the procedure before making appointment and further held that in the event of relaxation of hostility measure, the post could be filled up by the petitioner after following due procedure. The petitioner aggrieved by the order passed in the review petition filed this writ petition. - 5 - HC-KAR NC: 2026:KHC:28364 WP No. 2203 of 2021 6. The respondent - State has filed objections denying the averments made in the memorandum of writ petition and contended that the Government has fixed the eligibility criteria from a method of appointments etc as per Annexure- R1 appended to the rules laid down and it is contended that the petitioner institution has permitted the sanctioned posts of teachers are six and management has to follow the reservation policy of the Government order dated 20.06.1995 and other criteria fixed by the government from time to time and the Government has passed an order on 07.08.2024 reiterating its stand to abide by the reservation policy prescribed by the Government and upheld by the Hon’ble Court in several of its decision. Hence, prays to dismiss the petition. 7. Hence, prays to dismiss the petition. 7. Heard the arguments of the learned Counsel for the petitioner and learned Government Advocate for the respondents. - 6 - HC-KAR NC: 2026:KHC:28364 WP No. 2203 of 2021 8. Learned counsel for the petitioner submits that there is only one post for Science. One teacher post for Science is vacant and the petitioner society has appointed Sri. A. S. Manjunath for the subject of science. The petitioner’s society requested the department for approval of the teacher appointed by the petitioner society. It is also contended that circular issued by the Government clearly state that an institution running a single school and in the said school each of the post is different and subject to single post and there cannot be any reservation. Despite of the circular and judgment, the respondent no.1 rejected the petition on the ground that the reservation is not followed and to buttress his argument he has placed reliance on the order passed by the Co-ordinate bench in WP No. 57452 of 2015 disposed of on 26.03.2018. 9. Hence, he submits that the impugned endorsement issued by respondent No.1 in the revision petition is - 7 - HC-KAR NC: 2026:KHC:28364 WP No. 2203 of 2021 contrary to the order passed by this Court in the aforesaid writ petition. Hence, on these grounds, he prays to allow the writ petition. 10. Per contra, learned Additional Government Advocate submits that the petitioner's institution has not followed the reservation. The action of the petitioner in appointing the said teacher is contrary to the reservation policy. Hence, the respondent no. 1 has rightly dismissed the revision petition. Hence, on these grounds, prays to dismiss the writ petition. 11. Perused the records and considered the submissions of the learned counsel for the parties. 12. It is an undisputed fact that the petitioner's institution was established in 1959. The petitioner’s institution was granted with a grant-in-aid facilities in 1964. The two teachers were terminated from service. The petitioners' institution appointed A. S. Manjunath in the subject of Science. The petitioner’s - 8 - HC-KAR NC: 2026:KHC:28364 WP No. 2203 of 2021 society has submitted representation to the department for approval of the appointment of the aforesaid teachers. The respondents have rejected the request made by the petitioner on the ground that the petitioner's society has not followed the reservation. 13. Admittedly, there is one science subject. As per the Government Order dated 16.11.1995 and 07.09.1998 are in favour of the petitioner that means the transfer post in science subject has to be considered as a separate post and if the post is the only post available in the school. Dispute between the parties is based on interpretation of facts whether the petitioner has got a single school or there is only post of one science teacher. 14. The Co-ordinate Bench of this Court in the WP No. 57452 of 2015 had an occasion to consider the issue involved in this petition and consequently the Co- ordinate Bench of this Court considering the - 9 - HC-KAR NC: 2026:KHC:28364 WP No. 2203 of 2021 proposition laid down by the Hon'ble Apex Court held that teacher post in each subject has to be considered as a separate post, if that post is only post available in the school. Considering the proposition laid down by the Hon'ble Apex Court, the Co-ordinate Bench has set aside the similar order passed in the revision petition. The issue involved in this case is squarely covered by the order passed by the Co-ordinate Bench of this Court in the aforesaid writ petition. I concur with the findings recorded by the Co-ordinate bench of this court in the aforesaid writ petition. 15. In view of the above discussion, I proceed to pass the following order: ORDER i. The writ petition is allowed. ii. The Revision petition No.03/2017 dated 22.01.2018 vide Annexure-D is hereby quashed and review petition No.58 of - 10 - HC-KAR NC: 2026:KHC:28364 WP No. 2203 of 2021 2018 dated 29.11.2019 vide Annexure-F is allowed in-part insofar as A.S.Manjunath is concerned. iii. The respondents are directed to consider the representation of the petitioner’s society insofar as A.S. Manjunath dated 11.07.2016 and 12.07.2016 and pass appropriate orders in accordance with law within one month from the date of receipt of a copy of this order. iv. Pending IA(s), if any, stands disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS