- 1 - HC-KAR CNR: KAHC010017432025 NC: 2026:KHC:39949-DB WA No. 99 of 2025 C/W CCC No. 1141 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT APPEAL NO. 99 OF 2025 (S-RES) C/W CIVIL CONTEMPT PETITION NO. 1141 OF 2024 IN WA No. 99/2025 BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF EDUCATION VIKASA SOUDHA BANGALORE - 560 001. 2. THE DEPARTMENT OF PUBLIC INSTRUCTIONS REPRESENTED BY ITS COMMISSIONER THE OFFICE OF THE COMMISSIONER NRUPATHUNGA ROAD BANGALORE - 560 001. 3. THE DIRECTOR (HIGHER EDUCATION) THE OFFICE OF THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD BANGALORE - 560 001. …APPELLANTS (BY SRI. VIKAS ROJIPURA, AGA) Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010017432025 NC: 2026:KHC:39949-DB WA No. 99 of 2025 C/W CCC No. 1141 of 2024 AND: 1. SRI. G T HEMANTH KUMAR AGED ABOUT 42 YEARS S/O THIMME GOWDA HORTICULTURE TEACHER SRI. SHARADA HIGH SCHOOL BYADARA HALLI, BAGUR HOBLI CHANNARAYA PATNA TALUK HASSAN DISTRICT. 2. SRI LAKSHMI NARASIMHAPPA B N AGED ABOUT 38 YEARS S/O LATE BAJANTHRI NARASIMHAPPA DRAWING TEACHER VISHWARADHYA DESHI KENDRA RURAL HIGH SCHOOL KAMBALA NELAMANGALA TALUK BANGLAORE RURAL DISTRICT. 3. SRI ANIL KUMAR N AGED ABOUT 31 YEARS S/O NAGARAJ DRAWING TEACHER SMT. S N HIGH SCHOOL SHRAVANA BELAGOLA CHANNARAYA PATNA TALUK HASSAN DISTRICT. 4. SRI HONNEGOWDA AGED ABOUT 33 YEARS S/O MADEGOWDA HORTICULTURE TEACHER MOOKAMBIKA HIGH SCHOOL KUSHALNAGAR SOMWARPET TALUK KODAGU DISTRICT. 5. R RAMESH AGED ABOUT 31 YEARS S/O RANGAIAH HORTICULTURE TEACHER - 3 - HC-KAR CNR: KAHC010017432025 NC: 2026:KHC:39949-DB WA No. 99 of 2025 C/W CCC No. 1141 of 2024 SRI ADI CUNCHANAGIRI HIGH SCHOOL GOWRI KOPPAL HASSAN TALUK AND DISTRICT 6. SREE MELEYAMMA EDUCATION TRUST (R) BYADARA HALLI, BAGUR HOBLI CHANNARAYA PATNA TALUK HASSAN DISTRICT REP. BY ITS SECRETARY 7. SHREE JAGADGURU REVANSIDDESHWARA VIDYA PEETA (R) SHREE MLEANAGAVI VEERASIMHASANA SAMSTHANA MATHA, SHIVAGANGA KSHETRA NELAMANGALA TALUK BANGALORE RURAL DISTRICT REP BY ITS SECRETARY. 8. S S D J JNANA PRASARAKA SANGHA (R) SHREE KSHETRA SHRAVANABELAGOLA MATHA SHRAVANABELAGOLA - 573 135 REP. BY ITS SECRETARY. 9. MOOKAMBIKA HIGH SCHOOL KUSHALNAGAR SOMWARPET TALUK KODAGU DISTRICT REP. BY ITS SECRETARY. 10. SHREE ADI CHUNCHANAGIRI EDUCATION TRUST (R) SHREE ADI CHUNCHANAGIRI KSHETRA NAGAMANGALA TALUK, MANDYA DIST REP. BY ITS SECRETARY. …RESPONDENTS (BY SRI. M D KRUPESH, ADVOCATE FOR SRI. R. PADMANABHA, ADVOCATE FOR R2, R4 & R5; SRI. ADINATH NARDE, ADVOCATE FOR R8; R1, R3, R6, R7, R9 AND R10 ARE SERVED AND UNREPRESENTED) - 4 - HC-KAR CNR: KAHC010017432025 NC: 2026:KHC:39949-DB WA No. 99 of 2025 C/W CCC No. 1141 of 2024 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS OF WP 3424/2012 AND TAKE NOTE OF THE ABOVE STATED FACTS AND TO a)SET ASIDE THE ORDER DATED 03/11/2023 PASSED IN WP NO.3424/2012(S-RES) IN THE INTEREST OF JUSTICE AND EQUITY. b)ISSUE ANY OTHER ORDER/DIRECTIONS AS THIS HON'BLE COURT DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. IN CCC NO. 1141/2024 BETWEEN: 1. SRI. LAKSHMI NARASIMHAPPA B.N S/O LATE BAJANTRI NARASIMHAPPA AGED ABOUT 51 YEARS WORKING DRAWING TEACHER VISHWARADHYA DESHI KENDRA RURAL HIGH SCHOOL, KAMBALA NELAMANGALA TALUK BANGALORE RURAL DISTRICT. 2. SRI R RAMESH S/O RANGAIAH AGED ABOUT 43 YEARS WORKING AS HORTICULTURE TEACHER SRI ADICHUNCHANAGIRI HIGH SCHOOL GOWRI KOPPAL HASSAN TALUK AND DISTRICT. ...COMPLAINANTS (BY SRI. M D KRUPESH, ADVOCATE FOR SRI. R. PADMANABHA, ADVOCATE) AND: 1. SRI. RITHESH KUMAR SINGH THE PRINCIPAL SECRETARY DEPARTMENT OF EDUCATION AND LITERACY M.S.BUILDING BANGALORE-560001. - 5 - HC-KAR CNR: KAHC010017432025 NC: 2026:KHC:39949-DB WA No. 99 of 2025 C/W CCC No. 1141 of 2024 2. SMT. CAUVERY B B THE COMMISSIONER FOR DEPARTMENT OF PUBLIC INSTRUCTIONS OFFICE OF THE COMMISSIONER NRUPATHUNGA ROAD OFFICE OF THE COMMISSIONER BANGALORE-560001 3. SRI KRISHNAJI S KARICHANNAVARA THE DIRECTOR DEPARTMENT PUBLIC INSTRUCTIONS (HIGHER EDUCATION, OFFICE AT COMMISSIONER FOR DEPARTMENT OF PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD BANGALORE-560001. 4. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION AND LITERACY M.S.BUILDING, BANGALORE-560001. ...ACCUSED (BY SRI. VIKAS ROJIPURA, AGA FOR PROFORMA R4-STATE; A1 TO A3 ARE SERVED AND UNREPRESENTED) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF CONTEMPT OF COURT ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING DELIBERATELY AND WILLFULLY DISOBEYED THE ORDER PASSED BY THIS HON'BLE COURT IN WP NO.3424/2012 DATED 03.11.2023 AS PER ANNEXURE-C AND TO PUNISH THE ACCUSED IN ACCORDANCE WITH LAW BY ALLOWING THIS CONTEMPT PETITION WITH EXEMPLARY COSTS AND TO PASS APPROPRIATE AND SUITABLE ORDERS, IN THE INTEREST OF JUSTICT. THESE APPEAL AND PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR CNR: KAHC010017432025 NC: 2026:KHC:39949-DB WA No. 99 of 2025 C/W CCC No. 1141 of 2024 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard Sri Vikas Rojipura, learned Additional Government Advocate for the appellants, Sri M.D. Krupesh, learned counsel for Sri R. Padmanabha, learned counsel for respondent Nos. 2, 4, and 5 and Sri Adinath Narde, learned counsel for respondent No. 8. 2. The learned counsel appearing for the respondents– writ petitioners submits that the issue raised in this appeal stands covered by the judgment of the Division Bench of this Court in W.A.No.748/2024, which follows an earlier judgment of the Division Bench in W.A.No.100053/2025. 3. The learned Additional Government Advocate would contend that there is a distinction in the instant case inasmuch as, in the case of respondent Nos.2, 3, and 5 herein, there was no prior sanction for their appointments in the respective - 7 - HC-KAR CNR: KAHC010017432025 NC: 2026:KHC:39949-DB WA No. 99 of 2025 C/W CCC No. 1141 of 2024 schools, and therefore, they would not be entitled to the benefit of the grant. 4. We notice that the writ petition was filed challenging the orders rejecting the requests for approval of appointment and for grant-in-aid as sought by the writ petitioners - respondents herein. The reason stated for the rejection of the approval was only that there were no sanctioned posts for Teachers (Craft or Drawing or Music) in the staffing pattern for high schools and that, therefore, the appointments made by the managements in the grant-in-aid institutions were not liable to be approved. 5. In the writ petition, a statement of objections had been filed by respondent Nos.1 and 3, wherein also the contention taken was only to the effect that the petitioners were appointed as Craft Teachers in the management schools only on 25.04.2004, 01.06.2004, 10.09.2007, 30.05.2008, and 04.11.2008 respectively, and that, since they were not appointed prior to 02.02.2000, they would not be entitled to approval or grant-in-aid. The learned Single Judge considered the contentions and specifically found that, when the proposals - 8 - HC-KAR CNR: KAHC010017432025 NC: 2026:KHC:39949-DB WA No. 99 of 2025 C/W CCC No. 1141 of 2024 of the petitioners were sent for approval, the posts of Teachers (Craft, Drawing, or Music) stood included in the standard staffing pattern and, therefore, the management was justified in appointing such teachers and seeking salary grant. It was in those circumstances that the writ petition came to be allowed. 6. This Court, while considering the writ appeal, found that, since the appointments were made and the institution was admitted to grant-in-aid prior to 16.06.2007, the appointments were liable to be approved. It is only in the writ appeal that the contention has been raised that the appointments of respondent Nos.2, 3, and 5 have to be approved by the Government and that thereafter such appointments have to be considered as regular appointments under the Karnataka Education Act, 1983. 7. Having considered the contentions advanced, we notice that the rejection of approval was specifically on the ground that the posts were not incorporated in the staffing pattern. The contention that prior approval had not been obtained, not being one taken either in the writ petition or in the impugned orders, is in our opinion, not required to be - 9 - HC-KAR CNR: KAHC010017432025 NC: 2026:KHC:39949-DB WA No. 99 of 2025 C/W CCC No. 1141 of 2024 considered in the instant matter. In the above circumstances, we are of the opinion that the judgments in the earlier writ appeals cover this issue as well. In the above view of the matter and in view of the finding of this Court in W.A.No.748/2024 and W.A.No.100053/2025, the appeal fails and is, accordingly, dismissed. On request of the learned Additional Government Advocate, eight weeks' time is granted to comply with the directions. Accordingly, the Contempt of Court Case is closed with liberty file afresh, if the directions are not complied with. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE AM List No.: 1 Sl No.: 6