Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:3304 WP No. 27219 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 27219 OF 2019 (S-RES) BETWEEN:
YOGARAJ N A S/O MANJAPPA AGED ABOUT 36 YEARS WORKED AS KANNADA TEACHER MORARJI DESAI RESIDENTIAL SCHOOL HOSUR ROAD, SHIKARIPURA TALUK SHIVAMOGGA DISTRICT-577427. …PETITIONER (BY SRI. M SUBRAMANYA BHAT, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560001.
2.
THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SOCIAL WELFARE M.S.BUILDING, BENGALURU-560001.
3.
THE EXECUTIVE DIRECTOR KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY AND ORGANIZATION OF SOCIAL WELFARE DEPARTMENT NO.179, 3RD FLOOR, IST MAIN ROAD SESHADRIPURAM, BANGALORE-560002.
4.
THE DISTRICT OFFICER BACKWARD CLASS, MINORITY
Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2026:KHC:3304 WP No. 27219 of 2019
SCHEDULE TRIBE & SOCIAL WELFARE DEPARTMENT, SHIVAMOGGA SHIVAMOGGA DISTRICT-577427.
5.
THE TALUK WELFARE OFFICER SHIKARIPURA TALUK SHIVAMOGGA DISTRICT-577427 …RESPONDENTS (BY SRI.RAMESH NAIK, AGA FOR R1, R2, R4 & R5:
SRI. SHISHIRA AMARANATH, ADVOCATE FOR R3.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED:07.03.2019 IN NO: KAVASHISASA/ADALITHA/HONE/CR-02/2013-14 ISSUED BY THE R-3 VIDE ANNEXURE-M AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. In this writ petition, the petitioner has called in question the impugned endorsements dated 31.12.2018 and 07.03.2019 issued by respondent No.3 vide Annexures-K and M, respectively, whereby the request of the petitioner for grant of service weightage benefits for past service has been rejected.
2. The case of the petitioner is that the petitioner was appointed as a Kannada Teacher in Morarji Desai School
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HC-KAR NC: 2026:KHC:3304 WP No. 27219 of 2019
run by respondent No.2 from 01.07.2008 to 31.03.2010, and a copy of the Service Certificate dated 26.02.2014 is produced as Annexure-B. Thereafter, the Government took a decision to appoint teachers by conducting the CET examination. Pursuant to that, the petitioner applied for the post of Kannada Teacher under the 3B rural category. Pursuant to the
order passed by this Court in W.P.Nos.8113-8131/2015 and connected matters,
disposed of on 22.10.2019, the petitioners are entitled to service weightage of 5% for each academic year. Even though the petitioner has served three academic years in Morarji Desai School run by respondent No.3-Society, without adding the service weightage, the petitioner’s case for appointment as a Teacher has been rejected. To that effect, respondent No.3 has issued the impugned endorsements vide Annexures-K and M. Being aggrieved by the same, the petitioner is before this Court.
3.
Learned counsel for the petitioner has submitted that the petitioner worked as a Teacher in Morarji Desai School
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HC-KAR NC: 2026:KHC:3304 WP No. 27219 of 2019
from 14.06.2007 to 12.04.2008, 02.06.2008 to 09.05.2009, and 08.06.2009 to 10.11.2009, covering three academic years. The petitioner is entitled to service weightage of 5% for each completed year of service. Without considering these aspects of the matter, and contrary to the judgment of this Court in W.P. Nos. 8113- 8131/2015 and connected matters
disposed of on 22.10.2019, respondent No.3 has issued the impugned endorsements.
4.
Learned counsel for the respondents has submitted that the directions issued by this Court are related only to the petitioners who approached this Court by filing writ petitions in W.P.Nos.8113-8131/2015 and connected matters. The petitioner herein is not entitled to the said benefit. He further submitted that the authority will examine the case of the petitioner afresh, keeping in view the aforesaid judgment and pass an appropriate order and that the matter may be remitted to the authority for fresh
consideration.
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HC-KAR NC: 2026:KHC:3304 WP No. 27219 of 2019
5. In view of the above, without expressing any opinion on the merit of the case, the writ petition is disposed of.
6. The impugned endorsements dated 31.12.2018 and 07.03.2019 issued by respondent No.3 vide Annexures-K and M are hereby quashed.
7. Respondent No.3 is directed to reconsider the case of the petitioner afresh, in accordance with law, keeping in view of the judgment of this Court in W.P.Nos.8113- 8131/2015 and connected matters
disposed of on 22.10.2019, as expeditiously as possible, not later than two months from the date of receipt of a copy of this
order. In view of disposal of the main writ petition, all pending applications, if any, are also disposed of.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
HA LIST NO.: 1 SL NO.: 27