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2026 DAILYLAW 39676 (KAR)

SRI DEVARAJE URS EDUCATION SOCIETY (R) v. THE STATE OF KARNATAKA

WP/24484/2025 · 2026-09-09

S Sunil Dutt Yadav

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010530882025 NC: 2026:KHC:49111 WP No. 24484 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 24484 OF 2025 (S-RES) BETWEEN: SRI DEVARAJE URS EDUCATION SOCIETY (R) DODDAPPANAHALLI KADUR TALUK CHIKKAMAGALORE DISTRCIT-577137, REPRESENTED BY ITS SECRETARY SRI. D.R. CHADNRASHEKAR S/O REVANNA AGED ABOUT 62 YEARS RESIDENT OF DODDAPPANAHALLI KADUR TALUK CHIKKAMAGALORE DISTRCIT-577137, (THE ABOVE SOCIETY IS REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT VIDE REGISTRATION NO.137/1986-87 THE OBJECT OF THE SOCIETY IS TO RUN THE EDUCATIONAL INSTITUTION TO PROVIDE EDUCATION TO POOR AND DOWNTRODDEN STUDENTS) …PETITIONER (BY SRI. THYAGARAJA S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION AND LITERACY M.S. BUILDING BENGALURU- 560 001 Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010530882025 NC: 2026:KHC:49111 WP No. 24484 of 2025 2. THE COMMISSIONER DEPARTMENT OF SCHOOL EDUCATION AND LITERACY NRUPATHUNGA ROAD BENGALURU-560 001 3. THE DIRECTOR (SECONDARY EDUCATION) DEPARTMENT OF SCHOOL EDUCATION AND LITERACY NRUPATHUNGA ROAD BENGALURU-560 001 4. THE DEPUTY DIRECTOR DEPARTMENT OF SCHOOL EDUCATION CHIKKAMAGALORE DISTRICT CHIKKAMAGALORE-577101 5. THE BLOCK EDUCATION OFFICER DEPARTMENT OF SCHOOL EDUCATION, BIRUR ZONE 577116 CHIKKAMAGALORE DISTRICT 6. SRI. DARSHAN H. Τ. S/O TAMMAIAH, AGED ABOUT 34 YEARS, WORKING AS ASSISTANT TEACHER IN KANNADA, SRI. SHAMBALINGESHWARA HIGH SCHOOL, JODI LINGADAHALLI, KADUR TALUK, CHICKAMANGALURU DISTRICT. 7. SRI. ALAPPA G. S S/O SOUMYA GOWDA, AGED ABOUT 38 YEARS, WORKING AS ASSISTANT TEACHER, SRI. SHAMBALINGESHWARA HIGH SCHOOL, JODI LINGADAHALLI, KADUR TALUK, CHIKKAMANGALURU DISTRICT - 3 - HC-KAR CNR: KAHC010530882025 NC: 2026:KHC:49111 WP No. 24484 of 2025 8. SRI. SUNIL B. C S/O CHANDRAIAH, AGED ABOUT 36 YEARS, WORKING AS ASSISTANT TEACHER SRI. SHAMBALINGESHWARA HIGH SCHOOL, JODI LINGADAHALLI, KADUR TALUK, CHIKKAMANGALURU DISTRICT KALLINATHA S. 9. SRI. SIDDAPPA AGED ABOUT 34 YEARS. WORKING AS ASSISTANT TEACHER IN MATHEMATICS SRI. SHAMBALINGESHWARA HIGH SCHOOL, JODI LINGADAHALLI, KADUR TALUK, CHIKKAMANGALURU DISTRICT 10. SMT. YOGESHWARI N. W/O MANJUNATHA AGED ABOUT 38 YEARS WORKING AS ASSISTANT TEACHER IN SCIENCE SRI. SHAMBALINGESHWARA HIGH SCHOOL, JODI LINGADAHALLI, KADUR TALUK, CHIKKAMANGALURU DISTRICT 11. SMT. VEENA W/O RAMESH AGED ABOUT 43 YEARS WORKING AS ASSISTANT TEACHER IN HINDI SRI. SHAMBALINGESHWARA HIGH SCHOOL, JODI LINGADAHALLI, KADUR TALUK, CHIKKAMANGALURU DISTRICT 12. SRI. MITHUN KUMAR G, S/O GOVINDA NAYAKA, AGED ABOUT 31 YEARS WORKING AS PHYSICAL EDUCATION TEACHER SRI. SHAMBALINGESHWARA HIGH SCHOOL, JODI LINGADAHALLI, - 4 - HC-KAR CNR: KAHC010530882025 NC: 2026:KHC:49111 WP No. 24484 of 2025 KADUR TALUK, CHIKKAMANGALURU DISTRICT . .....RESPONDENTS (BY SMT. MAMATHA SHETTY, AGA FOR R1 TO R5 SRI. R P SOMASHEKARAIAH, ADVOCATE FOR SMT. RAVITHA JADHAV, ADVOCATE FOR R6 TO R12) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER/COMMUNICATION LETTER BEARING NO.EP 75 LBP 2025 DATED 21/07/2025 PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-Y AND CONSEQUENTLY QUASH THE IMPUGNED ORDER BEARING NO.C8(5) SHASHIAA KHAHU BHA 1631736/2024-25 DATED 23-07-2025 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-Z ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The petitioner-institution has filed the present petition seeking to set aside the order dated 21.07.2025 at Annexure-Y passed by respondent No.1 as well as the order dated 23.07.2025 passed by respondent No.3 at Annexure-Z. Certain other added reliefs have also been sought for. 2. In terms of the order at Annexure-Y, the respondent- State has observed that there was no provision to admit posts - 5 - HC-KAR CNR: KAHC010530882025 NC: 2026:KHC:49111 WP No. 24484 of 2025 to grant-in-aid subsequent to the year 1994-95. Subsequently, pursuant to Annexure-Y, by order dated 23.07.2025, a consequential order came to be passed. 3. Learned AGA for respondent Nos.1 to 5, upon instructions, submits that the order at Annexure-Y is not legally tenable and the same has been passed by oversight without taking note of the relevant facts. 4. Without entering into the merits of the matter, in light of the stand of the State, the impugned orders at Annexures-Y and Z are set aside and the petitioner would be entitled to all other benefits that hitherto were not extended by virtue of the impugned orders at Annexures-Y and Z. Accordingly, the petition is disposed of. 5. Consequent to setting aside of the impugned orders at Annexures-Y and Z, respondent no.1 is directed to take steps to admit the posts of respondent nos.6 to 12 to grant-in-aid after following due procedure, within a period not later than eight weeks from date of receipt of copy of the order. Needless - 6 - HC-KAR CNR: KAHC010530882025 NC: 2026:KHC:49111 WP No. 24484 of 2025 to state that consequential benefits are required to be extended upon a decision that would be taken. 6. I.A.No.2/2026 is disposed of as not called for in light of disposal of the main petition. Sd/- (S SUNIL DUTT YADAV) JUDGE hkh. List No.: 1 Sl No.: 12