Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:2470 WP No. 15063 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 15063 OF 2025 (S-RES) BETWEEN:
B.S. CHANDAN S/O LATE M.P. SUDHAKAR AGED ABOUT 30 YEARS SECOND DIVISION CLERK PATEL RANGEGOWDA MEMORIAL HIGH SCHOOL GUDIGONDANAHALLI, TIPTUR TALUK TUMAKURU DISTRICT 572226. …PETITIONER (BY SRI. VINAYA KEERTHY M., ADVOCATE) AND:
1.
STATE OF KARNATAKA REP. BY ITS SECRETARY EDUCATION DEPARTMENT VIKASA SOUDHA, VIDHANA VEEDHI
BANGALORE - 560 001.
2. COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTION NRUPATHUNGA ROAD BANGALORE - 560 001.
3.
DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTION TUMAKURU - 572 101.
4.
BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTION TIPTUR, TUMAKURU DISTRICT 572 101.
Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2026:KHC:2470 WP No. 15063 of 2025
5.
VIVEKANANDA EDUCATIONAL INSTITUTION (R) GUDIGONDANAHALLI TIPTUR TALUK, TUMAKURU DISTRICT REP.BY ITS SECRETARY -572226. …RESPONDENTS (BY SMT.ANITHA N, AGA FOR R1 TO R4:
SRI. N KUMARASWAMY., ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LETTER NO. AANU3. AA.NE.AA.BA.25/204-35/3132 DATED: 11.03.2025 ISSUED BY THE THIRD RESPONDENT (ANNEXURE-R) AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER This writ petition is filed under Article 226 of the Constitution of India, challenging the letter addressed by the third respondent to the fourth respondent dated 11.03.2025 (vide Annexure-R) and the endorsement dated 05.04.2025 (vide Annexure-S) issued by the fourth respondent, whereby the request of the petitioner for
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HC-KAR NC: 2026:KHC:2470 WP No. 15063 of 2025
approval of his appointment on compassionate grounds was rejected by the Management. 2. The brief facts of the case are that the petitioner’s father, late M.P. Sudhakar, was appointed as a Hindi Teacher at Sri Vishwa Bharathi High School, Barakanale, Chikkanayakanahalli Taluk, Tumakuru District, against an aided post, on 24.11.1993 (vide Annexure-A). The petitioner’s father died on 25.12.2022, while in service, leaving behind his wife, son (the petitioner), and a daughter. The petitioner submitted a representation on 10.02.2023 (vide Annexures-C and D), seeking appointment on compassionate grounds. 3. The respondent - Institution passed a resolution on 22.09.2023 (vide Annexure-F) to appoint the petitioner on compassionate grounds as a Second Division Assistant (SDA). Since there was no SDA post available in Sri Vishwa Bharathi Educational Institution, a ‘No Objection Certificate’ dated 22.09.2023 (vide Annexure-E) was
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HC-KAR NC: 2026:KHC:2470 WP No. 15063 of 2025
issued to enable the petitioner’s appointment in any other Educational Institution. Accordingly, by order dated 19.06.2023 (vide Annexure-L), the fifth respondent Institution appointed the petitioner as a Second Division Assistant and forwarded a recommendation for approval vide Annexure-M dated 17.02.2024. 4. Thereafter, respondent No.4 forwarded the recommendation along with relevant details to respondent No.3 on 23.08.2024 (vide Annexure-N). Subsequently, respondent No.3 wrote a letter to the respondent No.4 rejecting the request vide Annexure-R dated 11.03.2025, stating that a dispute raised by the Management is pending before the Civil Court and an appeal is also pending before the Commissioner. A similar endorsement was issued by respondent No.4 on 05.04.2025 (vide Annexure-S). 5. The learned counsel appearing for the petitioner has filed a memo, enclosing the order passed by the
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HC-KAR NC: 2026:KHC:2470 WP No. 15063 of 2025
Commissioner in Appeal No.3/2025 and has submitted that the dispute pending before the Civil Court in O.S. Nos. 1 and 2 of 2024 has no bearing on the approval of the petitioner’s appointment.
It is contended that the impugned letter and endorsement at Annexures-R and S have been issued without application of mind and are non- speaking orders, as no proper reasons have been assigned for rejecting the recommendation for approval of the petitioner’s appointment. On this short ground, the writ petition deserves to be allowed. 6. In view of the above, the following order is passed: (i) The writ petition is allowed. (ii) The impugned endorsement dated 05.04.2025 issued by the third respondent vide Annexure-S is quashed. (iii) The matter is remitted back to respondent No.3 to reconsider the proposal sent by respondent No.4
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HC-KAR NC: 2026:KHC:2470 WP No. 15063 of 2025
afresh, in accordance with law, as expeditiously as possible and in any event, not later than three months from the date of receipt of a copy of this
order.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
CM LIST NO.: 1 SL NO.: 48