- 1 - HC-KAR CNR: KAHC010590102026 NC: 2026:KHC:51087 WP No. 27028 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 27028 OF 2026 (S-RES) BETWEEN: 1. SRI. ARUNAKUMAR K. SON OF BALANNA GOWDA K., AGED ABOUT 56 YEARS, ASSISTANT INSTRUCTOR, DEPARTMENT OF MECHANICAL ENGINEERING, R/AT NO.5-2/2, KURUNJI HOUSE, KANTHAMANGALA ROAD, SULLIA, NEAR VIVEKANANDA CIRCLE, SULIYA, DAKSHINA KANNADA - 574 239. 2. SRI. S SETHU MADHAVA, SON OF S. SRINIVAS RAO, AGED ABOUT 64 YEARS, (RETD) MECHANIC (RETIRED), DEPARTMENT OF MECHANICAL ENGINEERING, R/AT SUMUKHA KRUPA, NO.27, 1ST MAIN ROAD, NATARAJA LAYOUT, J.P.NAGAR, 7TH PHASE, BANGALORE - 560 078. 3. SRI. GOVINDAPPA G. SON OF CHIKKA GOVINDAPPA, AGED ABOUT 60 YEARS, MECHANIC, DEPARTMENT OF MECHANICAL ENGINEERING, Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010590102026 NC: 2026:KHC:51087 WP No. 27028 of 2026 R/AT JANATHA COLONY, BANNERGAHTTA KAVAL, NO.165, NEAR NOBLE CONVENT, BANNERGHATTA PO, BANGALORE DIST - 560 083. 4. SRI. SRINIVASA V. SON OF VENKATAMUNIYAPPA, AGED ABOUT 54 YEARS, MECHANIC, DEPARTMENT OF MECHNICAL ENGINEERING, R/AT NO.31, BHOTHANAHALLI, BANNERGHATTA POST, ANEKAL SUB DISTRICT, BANGALORE-560 083. 5. SRI. SUNDARESH. S SON OF R.DODDASIDDALAH, AGED ABOUT 63 YEARS (RETD) HELPER (RETIRED) DEPARTMENT OF MECHANICAL ENGINEERING, R/AT NO.158, VEERABHADRA TEMPLE, HALESAMPIGEHALLI, BANNERGHATTA, ANEKAL, BANGALORE 560 083. 6. MR. RASHEED K. SON OF K.Y.USMAN, AGED ABOUT 44 YEARS, HELPER, DEPARTMENT OF MECHNICAL ENGINEERING, R/AT MUBARAK MANZIL, BETTAMPPADY ROAD, SULLIA, OLD GATE, SULYA, DAKSHINA KANNADA - 574239. - 3 - HC-KAR CNR: KAHC010590102026 NC: 2026:KHC:51087 WP No. 27028 of 2026 7. SRI. NARAYANA. D SON OF RAMAYYA GOWDA, AGED ABOUT 52 YEARS, HELPER, DEPARTMENT OF MECHANICAL ENGINEERING, R/AT NO.76-59A, BETTAAMPADI, ODABAI, SULYA, DAKSHINA KANNADA - 574 239. 8. SRI. NIRMALESHWARA. N SON OF HONNAPPA GOWDA, AGED ABOUT 51 YEARS, HELPER, DEPARTMENT OF MECHANICAL ENGINEERING, R/AT NO.5-186, ALETTY NARKODU, ALETTY, DAKSHINA KANNADA - 574239. 9. SMT. USHA R. W/O. DAYANAND B SALLAN, AGED ABOUT PROFESSOR, DEPARTMENT OF I AND C ENGINEERING, R/AT SITE NO.17, FLAT NO.G1, SHADBARI, SRI KUTEERA APARTMENT, GREEN MEADOWS LAYOUT, JIGANI ANEKAL TALUK, KOPPA GATE, JIGANI, BANGALORE DISTRICT - 560 105. 10. SMT. SHASHIKALA .C.H W/O. RAMAYYA.K, AGED ABOUT 47 YEARS, ASSISTANT INSTRUCTOR, DEPARTMENT OF I AND C ENGINEERING, R/AT NO.G-17, PRABHAVATHI DIVINE, - 4 - HC-KAR CNR: KAHC010590102026 NC: 2026:KHC:51087 WP No. 27028 of 2026 AVANISHRINGERI NAGAR, NYANAPPANAHALLI, BEGUR, BANGALORE DIST-560 114. 11. SRI. RAJESH K. SON OF SANTHAPPA GOWDA, AGED ABOUT 51 YEARS, MECHANIC, DEPARTMENT OF I AND C ENGINEERING, R/AT NO.4-188, KALLEMBI HOUSE, KADABA TALUKU, YEDAMMANGALA VILLAGE, YEDAMANGALA POST, DAKSHINA KANNADA DIST-574221. 12. SRI. VINOD KUMAR C.N., SON OF AGED ABOUT 51 YEARS, LECTURER, AUTOMOBILE DEPARTMENT 13. SRI. VANAJAKSHA P.R., SON OF RADHAKRISHNA GOWDA, AGED ABOUT 45 YEARS, ASSISTANT INSTRUCTOR, AUTOMOBILE DEPARTMENT, R/AT NO.2-40-01, PARANKAJE, KUNTHUR, DAKSHINA KANNADA - 574285. 14. SRL. MUNIRAJU A, SON OF ANNAYAPPA, AGED ABOUT 66 YEARS, (RETD) AUTO DRIVER (RETIRED) AUTOMOBILE DEPARTMENT, R/AT HALESAMPIGEHALLL, - 5 - HC-KAR CNR: KAHC010590102026 NC: 2026:KHC:51087 WP No. 27028 of 2026 BANNEREGHATTA, BANGALORE-560 083. 15. SRI. SRINIVASA K. SON OF KRISHANA SHETTY, AGED ABOUT 50 YEARS, AUTO MECHANIC, AUTOMOBILE DEPARTMENT, R/AT HERUR KUNIGAL, KUNIGAL DISTRICT, TUMAKURU TALUK - 572 130. 16. SRL. SHRIDHARA G. SON OF GANGADHARAIAH.K AGED ABOUT 42 YEARS, HELPER, AUTOMOBILE DEPARTMENT, R/AT URAGAHALLI, RAMANAGARA 562 109. 17. SRI. NAGESH S/O. KAREYAPPA PUJARI, AGED ABOUT 44 YEARS, HELPER, AUTOMOBILE DEPARTMENT, R/AT NO.9, UCHANGI, HASSAN, SAKALESHPURA 573137. 18. SRI. ARUNAGIRI K.P, SON OF PENNUSWAMY K.G., AGED ABOUT 46 YEARS, LECTURER, COMPUTER SIGN DEPARTMENT, R/AT NO.4885, BANNERGHATTA ROAD, PILLAGANAHALLI, NICE ROAD, - 6 - HC-KAR CNR: KAHC010590102026 NC: 2026:KHC:51087 WP No. 27028 of 2026 GOTTIGERE, BANGALORE 560 083. 19. SRI. NANJUNDAPPA.G SON OF GANGAPPA, AGED ABOUT 51 YEARS, MECHANIC, COMPUTER SIGN DEPARTMENT, R/AT NO.40, JANGALA PALYA, ANEKAL TALUK, BANNERGHATTA PO, BANGALORE DIST-560 083. 20. SRI. MALLU, SON OF LALA NANJAPPA, AGED ABOUT 48 YEARS, HELPER, COMPUTER SIGN DEPARTMENT, DADAMAHALLI, MALAVALLI, MANDYA 571 421. 21. SMT. SHOBHA .G W/O. SHIVARAMAIAH B.N., AGED ABOUT 49 YEARS, LIBRARIAN, GENERAL DEPARTMENT, R/AT NO.104, BAGEHALLI, JIGANI POST, JIGANI, BANGALORE 560 105. 22. SRI. JAGADEESHA, SON OF HANUMANTHA RAYAPPA H.G., AGED ABOUT 50 YEARS, HELPER, GENERAL DEPARTMENT, R/AT NO.52, HALKUR VILLAGE, NELAMANGALA TALUK, AREBOMMNAHALLI, BANGALORE RURAL DIST - 562 111. - 7 - HC-KAR CNR: KAHC010590102026 NC: 2026:KHC:51087 WP No. 27028 of 2026 23. SRI. PRASANNA KUMAR SON OF VEERAPPA GOWDA.K, AGED ABOUT 54 YEARS, FIRST DIVISION ASSISTANT, ADMINISTRATIVE SECTION, R/AT MANJUSHEE KALLAJE, 2-229 ADKA HOUSE OLD GATE, SULLIA, DAKSHINA KANNADA -574239. 24. SMT. BABY .K, C/O. VASANTH.N, AGED ABOUT 53 YEARS, FIRST DIVISION ASSISTANT, ADMINISTRATIVE SECTION, R/AT NO.345, 11TH MAIN ROAD, ANJANAPURA, BANGALORE - 560 062. 25. SMT. LEELAVATHI K, AGED ABOUT 52 YEARS, FIRST DIVISION ASSISTANT, ADMINISTRATIVE SECTION, R/AT ASHIRVADA, 70/1G, 3RD CROSS, MARIAMMA TEMPLE ROAD, HULIMAVU, BANNERGHATTA ROAD, BANGALORE - 560 076. 26. SRI.ANANDAGOWDA A. SON OF PUTTANNA GOWDA A., AGED ABOUT 48 YEARS, SECOND DIVISION ASSISTANT, ADMINISTRATIVE SECTION, R/AT ALEKKADY HOUSE, MURULYA VILLAGE AND POST, - 8 - HC-KAR CNR: KAHC010590102026 NC: 2026:KHC:51087 WP No. 27028 of 2026 SULLIA TALUK, DAKSHINA KANNADA - 574326. 27. SRI. ARADYA E.G.T, SON OF EISHWARAYYA N., AGED ABOUT 46 YEARS, SECOND DIVISION ASSISTANT, ADMINISTRATIVE SECTION, R/AT KORATI, BANGALORE RURAL DIST - 562122. 28. SRI. UDAYA KUMAR .K, SON OF ACUTHA K, AGED ABOUT 48 YEARS, SECOND DIVISION ASSISTANT, ADMINISTRATIVE SECTION, R/AT S-66, ARTHAJE HOUSE, SULLIA TALUK, JALSOOR, SONANGERI POST, DAKSHINA KANNADA - 574239. 29. SMT. THIMMAMMA.V C/O. RANGASWAMY G., AGED ABOUT 52 YEARS, SECOND DIVISION ASSISTANT, ADMINISTRATIVE SECTION, R/AT NO.17/1, 1 CROSS, 3RD BLOCK, GRAPES GARDEN, THYGHARAJA NAGAR, BANASHANKARI II STAGE, BANGALORE 560 070. 30. SMT. RAMYA K.P, DAUGHTER OF SURESH N.P., - 9 - HC-KAR CNR: KAHC010590102026 NC: 2026:KHC:51087 WP No. 27028 of 2026 AGED ABOUT 43 YEARS, SECOND DIVISION ASSISTANT, ADMINISTRATIVE SECTION. 31. SMT. KAVITHA T.G., AGED ABOUT 45 YEARS, SECOND DIVISION ASSISTANT, ADMINISTRATIVE SECTION, R/AT VILLA NO.12, SHREE KUTEERA GREEN MEADOWS, BANNERGHATTA MAIN ROAD, KOPPA GATE, JIGANI, BANGALORE 560 105. 32. SMT. LAKSHMAMMA.N, DAUGTHER OF BABU, AGED ABOUT 52 YEARS, GROUP-D, ADMINISTRATIVE SECTION, R/AT NO.114, BEGIHALLI, NEAR GOVERNMENT SCHOOL, JIGANI, BANGALORE - 560 105. 33. SRI. PADMAYYA GOWDA K.N., SON OF CHOMAMANNA GOWDA, AGED ABOUT 54 YEARS, GROUP-D, ADMINISTRATIVE SECTION, R/AT NO.II 55 S1, KARBU NEKKILA, PANJA POST, SULLIA TALUK, ALVATHOKU, DAKSHINA KANNADA 574232. 34. SMT. RANGAMMA W/O. NARASIMHA RAJU, AGED ABOUT 54 YEARS, - 10 - HC-KAR CNR: KAHC010590102026 NC: 2026:KHC:51087 WP No. 27028 of 2026 GROUP-D, ADMINISTRATIVE SECTION, R/AT NO.262, JANATHA COLONY, ANEKAL TALUK, BANNERGHATTA PO, BANGALORE - 560 083. 35. SMT. M.S.SHOBHA D/O. SHIVAKUMAR G.Y., AGED ABOUT 43 YEARS, GROUP-D, ADMINISTRATIVE SECTION, R/AT NO.163/A, GROUND, JAYARAM LAYOUT, HALE SAMPIGEHALLI, ANEKAL TALUK, JIGANI HOBLI, BANNERGAHTTA POST, BANGALORE - 560 083. 36. SMT. ASHWATHAMMA, DAUGHTER OF MARIYAPPA, AGED ABOUT 49 YEARS, GROUP-D, ADMINISTRATIVE SECTION, R/AT NO.69, KARIYAPPANAHALLI, BANNERGAHTTA POST, ANEKAL SUB DISTRICT, BANGALORE560 083. 37. SMT. SHARATH KUMARI. D. W/O. THE LATE JAYA PRAKASH P, AGED ABOUT 41 YEARS, RESIDING AT PALLA TADAKA HOUSE, KANAKA MAJALU, SULYA TALUK, SULYA, DAKSHINA KANNADA DISTRICT, KARNATAKA 574 223. 38. SRI. PURUSHOTHAMACHAR S/O. THE LATE KUMUDAVATHI P.G., - 11 - HC-KAR CNR: KAHC010590102026 NC: 2026:KHC:51087 WP No. 27028 of 2026 AGED ABOUT 64 YEARS, RESIDING AT HALESAMPIGEHALLI, BANNERGHATTA, BANGALORE-560 083. 39. SMT. SHOBHA D/O NARAYANA RAO, AGED ABOUT 50 YEARS, GROUP D, ADMINISTRATIVE SECTION, R/A AT NO. 16, HALESAMPIGEHAALI, JANGAL PALYA, BANNERGAHTTA POST, BANGALORE-560083. 40. SRI. VASANTHA M.S, S/O. SHIVAPPA GOWDA, AGED ABOUT 59 YEARS, SECOND DIVISION ASSISTANT, ADMINISTRATIVE SECTION, R/AT. AMMUNJA, KURIYA, PUTTUR, DAKSHINA KANNADA DISTRICT, KANRNATAKA 574223. 41. SRI. RAMA MURTHY D. S/O. DURAISAMY, AGED ABOUT 44 YEARS, SYSTEM ANALYST, COMPUTER SCIENCE, R/AT.123, 5TH MAIN, 10 TH CORSS, ULLAL MAIN ROAD, JNANJYOTHI NAGAR, BANGALORE 560056. …PETITIONERS (BY SRI. JANARDHANA G., ADVOCATE) - 12 - HC-KAR CNR: KAHC010590102026 NC: 2026:KHC:51087 WP No. 27028 of 2026 AND: 1. THE GOVERNMENT OF KARNATAKA, EDUCATION DEPARTMENT (MINISTRY OF HIGHER EDUCATION), VIDHANASOUDHA, DR.B.R.AMBEDKAR ROAD, BANGALORE-560001. 2. THE COMMISSIONER OF COLLEGIATE AND TECHNICAL EDUCATION, PALACE ROAD, BANGALORE-560001. 3. THE PRINCIPAL, VENKATESHWARA POLYTECHNIC, JANGAL PALYA, BENGALURU-560083. …RESPONDENTS (BY SMT. RASHMI RAO, HCGP FOR R1 AND R2; NOTICE TO R3 IS DISPENSED WITH VIDE ORDER DATED 18.9.2026) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING ACT NO.7/2014 (KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES ACT 2014) VIDE ANNEXURE-G PUBLISHED ON 12.02.2014 BY R1 AND 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 - 13 - HC-KAR CNR: KAHC010590102026 NC: 2026:KHC:51087 WP No. 27028 of 2026 ORAL ORDER Learned High Court Government Pleader accepts notice for respondents No.1 and 2. In light of the memo filed, notice is dispensed as regards respondent No.3. 2. The present petition has been filed seeking for issuance of appropriate writ to set aside Act No.7 of 2014 i.e., Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and other Benefits) Act, 2014. The petitioners have also sought for extension of benefits as flow from the order passed in W.P.No.21216/2014 and connected matters as has been upheld in W.A.No.2476/2015 and connected matters. Consequential direction for settlement of service benefits of the petitioners taking into consideration the service from the date of appointment is also sought for. 3. The petitioners claim to have been appointed on different dates by the 3rd respondent. It is further asserted that petitioner No.38 is the legal representative - 14 - HC-KAR CNR: KAHC010590102026 NC: 2026:KHC:51087 WP No. 27028 of 2026 of an employee who was working as FDA in the 3rd respondent, as also petitioner No.37 is stated to be the legal representative of Jaya Prakash P., who was appointed as a Helper in the 3rd respondent. The petitioners are seeking the benefit as permissible in law, consequent to declaring as unconstitutional Act No.7 of 2014 and Act No.4 of 2015. 4. At the time of consideration of the matter, reliance is placed on the order passed in W.A.No.2476/2015 and connected matters dated 24.07.2026. 5. A perusal of the said order would reveal that writ petitions assailing the constitutional validity of the Act in question was allowed and W.P.No.21216/2014 and connected matters came to be allowed. The same was challenged in W.A.No.2476/2015 and connected matters. 6. Learned Government Advocate appearing for the respondents submits that while the order in writ - 15 - HC-KAR CNR: KAHC010590102026 NC: 2026:KHC:51087 WP No. 27028 of 2026 petition was affirmed, however the nature of relief that flows to the petitioners is on the basis of the observations made in para 61 of the order in appeal. Taking note of the same and on perusal of para 61, the present petition could be disposed of. 7. Para 61 of the judgment reads as follows: "61. It is also necessary to clarify the extent of the relief that would flow from the present judgment. The issue involved in the present batch of matters is confined to whether the service rendered by employees during the non-grant period is liable to be reckoned for the purpose of fixation of pay and other consequential service benefits. Neither the provisions governing grant- in-aid nor the statutory framework casts any liability upon the State to pay salary for the period prior to admission of the post to grant-in- aid. As produced supra, Annexure-I of Rules, 1999 would make it abundantly clear that the management shall be liable for payment of salary and other benefits till the date such posts are admitted into grant-in-aid. The liability to pay salary during the non-grant period continues to rest upon the management of the concerned institution. Consequently, the service rendered during the said period shall be taken into account only for the purpose of notional fixation of pay as on the date of admission of the post to grant-in- aid and for extending consequential benefits such as pension and other service benefits. The employees shall not be entitled to claim arrears of salary or any other monetary benefits from the - 16 - HC-KAR CNR: KAHC010590102026 NC: 2026:KHC:51087 WP No. 27028 of 2026 State for the period preceding the admission of the post to grant-in-aid." Taking note of the above, entitlement of the petitioners would be as observed by the court in the observations contained in para 61. 8. Accordingly, the petition is allowed. Respondent No.2 to take note of the observations made above and take service of the petitioners from the date of appointment i.e., appointment pre grant in aid for the purpose of notional fixation of pay in order to calculate benefits such as pension and other service benefits. Accordingly, the petition is disposed of. SD/- (S SUNIL DUTT YADAV) JUDGE MCR List No.: 2 Sl No.: 3