- 1 - HC-KAR CNR: KAHC010599842025 NC: 2026:KHC:37078 WP No. 27833 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 27833 OF 2025 (S-RES) BETWEEN: 1. SRI. K N GURUPRASAD S/O. N.NANJUNDAPPA, AGED ABOUT 53 YEARS, ASSISTANT INSTRUCTOR (MECHANICAL), SREE GURU MALLESHWARA MAHAVIDYA SAMSTE (POLITECHNIC) DEVANOOR, NANJANAGUDU TALUK, MYSURU DISTRICT, RESIDING AT NO.5/1, LINGAYATH STREET, KUPPARAVALLI VILLAGE, BILIGERE HOBLI, NANAJANAGUDU TLAUK, MYSURU DISTRICT. 2. SRI. CHANNANAJASWAMY, S/O KUMAR M AGED ABOUT 37 YEARS, ASSISTANT INSTRUCTOR (ELECTRONICS AND COMMUNICATIONS) SREE GURU MALLESHWARA MAHAVIDYA SAMSTE (POLITECHNIC), DEVANOOR, NANJANAGUDU TALUK, MYSURU DISTRICT, RESIDING AT SINGAPURA VILLAGE, KANNEGERE POST, CHAMARAJANAGARA TALUK AND DISTRICT …PETITIONERS (BY SRI. ANIL KUMAR B O., ADVOCATE) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010599842025 NC: 2026:KHC:37078 WP No. 27833 of 2025 AND: 1. THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT HIGHER EDUCATION, VIDANA SOUDHA, BENGALURU-560001. 2. THE COMMISSIONER, DEPARTMENT OF HIGHER EDUCATION (COLLEGIATE AND TECHNICAL EDUCATION), PALACE ROAD, BENGALURU 560 001. 3. THE PRESIDENT, SREE GURU MALLESHWARA MAHAVIDYA SAMSTE (POLITECHNIC) DEVANOOR, NANJANAGUDU TALUK, MYSURU DISTRICT – 571 301 4. THE PRINCIPAL, SREE GURU MALLESHWARA MAHAVIDYA SAMSTE (POLITECHNIC) DEVANOOR, NANJANAGUDU TALUK, MYSURU DISTRICT – 571 301 …RESPONDENTS (BY SRI. G RAMESH NAIK, AGA FOR R1 & R2 SRI. S ANIL KUMAR, ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1) TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER, DIRECTING RESPONDENT NO.3 TO PAY THE SUBSISTENCE ALLOWANCE TO THE PETITIONER FROM THE DATE OF SUSPENSION, I.E., 27.09.2020, UNTIL THE DATE OF THIS HON’BLE COURTS ORDER DATED 19.02.2024 VIDE ANNEXURE-L. (2) TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER, DIRECTING RESPONDENT NO.3 TO - 3 - HC-KAR CNR: KAHC010599842025 NC: 2026:KHC:37078 WP No. 27833 of 2025 PAY THE SALARY AND ALLOWANCES TO THE PETITIONERS FROM THE DATE OF THIS HON’BLE COURTS ORDER DATED 19.02.2024 VIDE ANNEXURE-L UNTIL THE REVOCATION OF THE SUSPENSION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this petition seeking a mandamus directing respondent No.3 to pay the subsistence allowance to the petitioners from the date of suspension i.e., 27.09.2020 till the date of this Court’s order dated 19.02.2024 vide Annexure-L and also to pay the salary and allowances to the petitioners from 19.02.2024 till the revocation of the suspension. 2. Admittedly, respondent Nos.3 and 4 are the private educational institutions. Respondent Nos.3 and 4 do not fall within the purview of ‘State’ as per Article 12 of the Constitution of India. In view of the proposition of law laid down by the Hon’ble Apex Court in the case of St. Mary’s Education Society and Another Vs. - 4 - HC-KAR CNR: KAHC010599842025 NC: 2026:KHC:37078 WP No. 27833 of 2025 Rajendra Prasad Bhargava and Others1, this writ petition is not maintainable. 3. Accordingly, the writ petition is dismissed as not maintainable. 4. A liberty is reserved in favour of the petitioners to address their grievance before the appropriate forum, if so desired. 5. In view of dismissal of the petition, pending IA(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 1 Sl No.: 34 1 (2023) 4 SCC 498