- 1 - HC-KAR NC: 2026:KHC:4671 WP No. 17765 of 2024 C/W WP No. 27880 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 17765 OF 2024 (S-RES) C/W WRIT PETITION NO. 27880 OF 2024 (S-RES) IN WP NO. 17765/2024 BETWEEN: 1. SRI SUSHANTH S/O. BABU POOJARI AGED ABOUT 30 YEARS R/AT ALANGARU, NANDADEEPA HOUSE KANADAPADI, PERDOOR VILLAGE AND PO UDUPI TALUK AND DISTRICT-576 124. UDUPI DISTRICT. 2. SRI. SATHEESHA B.R. S/O. RAMA NAIKA H.P. AGED ABOUT 41 YEARS R/AT BALAKUR VILLAGE JAKKINA KOPPA POST, HOSURU HOBLI SHIKARIPURA TALUK - 577 427 SHIMOGA DISTRICT. 3. SMT. ASHA W/O. RAJESH NAIK AGED ABOUT 41 YEARS R/AT LAKSMI NIVAS HOUSE SARLEBETTU, MANIPAL POST UDUPI DISTRICT -576 104. Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4671 WP No. 17765 of 2024 C/W WP No. 27880 of 2024 4. SMT. SHASHIREKHA W/O. SATHISH SHETTY AGED ABOUT 38 YEARS SRI SAIKRUPA , BOOKIGUDDE PERDUR POST AND VILLAGE UDUPI DISTRICT- 576 124. …PETITIONERS (BY SRI. SANDESH SHETTY T., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S. BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE COMMISSIONER DEPARTMENT OF SCHOOL EDUCATION AND LITERACY NEW PUBLIC OFFICES NRUPATHUNGA ROAD BENGALURU - 560 001. 3. THE DIRECTOR DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, (SECONDARY EDUCATION) NEW PUBLIC OFFICES NRUPATHUNGA ROAD BENGALURU - 50 001. 4. THE DEPUTY DIRECTOR ADMINISTRATION DEPARTMENT OF SCHOOL EDUCATION AND LITERACY UDUPI, UDUPI DISTRICT - 576 101. 5. THE BLOCK EDUCATION OFFICER BRAHMAVARA ZONE - 3 - HC-KAR NC: 2026:KHC:4671 WP No. 17765 of 2024 C/W WP No. 27880 of 2024 BRAHMAVARA - 576 213 UDUPI DISTRICT. 6. PERKALA EDUCATION SOCIETY (R) PERKALA, JYOTHI NAGAR PERKALA-576 107, UDUPI DISTRICT REP. BY ITS SECRETARY. 7. PERKALA HIGH SCHOOL JYOTHI NAGAR, PERKALA UDUPI DISTRICT - 576 107 …RESPONDENTS (BY SRI.G RAMESH NAIK, AGA FOR R1 TO R5: R6 AND R7 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CONSIDER THE JOINT REPRESENTATION DATED 27/5/2024 AT ANNEXURE-E, TO APPROVE THE APPOINTMENT OF THE PETITIONERS FOR GRANT-IN-AID TO THE RESPONDENT NO.7 INSTITUTION AND ETC. IN WP NO. 27880/2024 BETWEEN: 1. PERKALA EDUCATION SOCIETY (R) PERKALA, JYOTHI NAGAR, PERKALA-576 107 UDUPI DISTRICT REP. BY ITS SECRETARY REGD. UNDER MYSORE SOCIETIES REGISTRATION ACT. 2. PERKALA HIGH SCHOOL JYOTHI NAGAR, PERKALA UDUPI DISTRICT-576 107 BY ITS HEAD MASTER ...PETITIONERS (BY SRI. RANJAN KUMAR K., ADVOCATE) - 4 - HC-KAR NC: 2026:KHC:4671 WP No. 17765 of 2024 C/W WP No. 27880 of 2024 AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION AND LITERACY M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001 2. THE COMMISSIONER DEPARTMENT OF SCHOOL EDUCATION AND LITERACY NEW PUBLIC OFFICES NRUPATHUNGA ROAD BENGALURU-560 001. 3. THE DIRECTOR DEPARTMENT OF SCHOOL EDUCATION AND LITERACY (SECONDARY EDUCATION) NEW PUBLIC OFFICES NRUPATHUNGA ROAD BENGALURU-560 001. 4. THE DEPUTY DIRECTOR ADMINISTRATION DEPARTMENT OF SCHOOL EDUCATION AND LITERACY UDUPI, UDUPI DISTRICT-576 101. 5. THE BLOCK EDUCATION OFFICER BRAHMAVARA ZONE BRAHMAVARA UDUPI DISTRICT-576 213. 6. SRI. SUSHANTH S/O BABU POOJARI AGED ABOUT 30 YEARS R/AT ALANGARU, NANDADEEPA HOUSE KANADAPADI, PERDOOR VILLAGE & PO UDUPI TALUK & DISTRICT - 576 124. - 5 - HC-KAR NC: 2026:KHC:4671 WP No. 17765 of 2024 C/W WP No. 27880 of 2024 7. SRI. SATHEESHA B.R S/O RAMA NAIKA H P AGED ABOUT 41 YEARS R/AT BALAKUR VILLAGE JAKKINA KOPPA POST HOSURU HOBLI, SHIKARIPURA TALUK SHIMOGA DISTRICT-577 427. 8. SMT. ASHA W/O RAJESH NAIK AGED ABOUT 41 YEARS R/AT LAKSMI NIVAS HOUSE SARLEBETTU, MANIPAL POST UDUPI DISTRICT-576 104. 9. SMT. SHASHIREKHA W/O SATHISH SHETTY AGED ABOUT 38 YEARS SRI SAIKRUPA, BOOKIGUDDE PERDUR POST AND VILLAGE UDUPI DISTRICT-576 124 ...RESPONDENTS (BY SRI G RAMESH NAIK, AGA FOR R1 TO R5 SRI. SANDESH SHETTY T., ADVOCATE FOR R6 TO R9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION BEARING NO.B.HIMBARAHA-05/2023-24 DATED: 09.10.2023 AT ANNEXURE-G WHEREBY DIRECT THE RESPONDENT AUTHORITIES TO APPROVE THE APPOINTMENT OF THE R-6 TO 9 FOR GRANT-IN-AID TO THE PETITIONER NO.1 AND 2 INSTITUTION BY CONSIDERING THE PROPOSAL SENT BY THE PETITIONER SOCIETY AT ANNEXURE-F AND ETC. THESE PETITIONS, 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 - 6 - HC-KAR NC: 2026:KHC:4671 WP No. 17765 of 2024 C/W WP No. 27880 of 2024 ORAL ORDER These writ petitions are filed under Articles 226 and 227 of the Constitution of India, seeking the following reliefs: In WP No.17765/2024: (a) Issue a writ in the nature of mandamus or any other appropriate order or direction, as the case may be, to consider the joint representation dated 27.05.2024 at Annexure- E and to approve the appointment of the petitioners for grant-in-aid to the respondent No.7 Institution. In WP No.27880/2024: (a) Issue a writ in the nature of certiorarai or any other appropriate order or direction, as the case may be, to quash the communication bearing No.B.Himbaraha-05/2023-24 dated 09.10.2023 at Annexure-G and direct the respondent Authorities to approve the appointment of the respondent Nos. 6 to 9 for grant-in-aid to the petitioner Nos. 1 and 2 Institution by considering the proposal sent by the petitioner Society at Annexure-F. 2. The endorsement challenged by the Management in W.P. No.27880/2024 has been issued by the Block Education Officer (for short, ‘BEO’), respondent No.5, - 7 - HC-KAR NC: 2026:KHC:4671 WP No. 17765 of 2024 C/W WP No. 27880 of 2024 rejecting the approval of the appointments of the petitioners in W.P. No.17765/2024 on the ground that the appointments were made without obtaining prior approval from the competent authority. 3. The case of the petitioners in W.P.No.17765/2024 is that the first petitioner–Society in W.P.No.27880/2024 is running an educational institution, namely, Perkala High School. Due to the retirement of teachers in Kannada, Science, Arts, and Mathematics, the posts fell vacant. All these posts were admitted to grant-in-aid. The petitioner- Management was therefore required to seek approval from the authority for filling up the said posts. Accordingly, the Under Secretary, Department of Education, by communication vide Annexure-H dated 21.06.2022, addressed the Commissioner seeking issuance of approval or permission to fill up those posts. 4. Thereafter, the Management conducted interviews in accordance with the rules and appointed the petitioners - 8 - HC-KAR NC: 2026:KHC:4671 WP No. 17765 of 2024 C/W WP No. 27880 of 2024 in W.P.No.17765/2024. Subsequently, a proposal was submitted vide Annexure-F dated 04.10.2023 seeking approval of the four posts. However, by the impugned endorsement vide Annexure-G dated 09.10.2023, the proposal was returned on the ground that prior permission had not been obtained from the authority under the Rules framed under the Karnataka Education Act. 5. The learned counsel appearing for the petitioner- Management submits that this Court, in W.P. No.11667/2022, held that educational institutions are only required to inform the competent authority while filling up vacancies arising due to retirement, resignation, promotion, or death in respect of posts admitted to grant- in-aid, and that prior approval from the authority is not required. The operative portion of the order passed by this Court in W.P. No.11667/2022, disposed of on 08.12.2023, is extracted below: "116. In view of the observations above, the writ petition is allowed and it is hereby held that - 9 - HC-KAR NC: 2026:KHC:4671 WP No. 17765 of 2024 C/W WP No. 27880 of 2024 Clause 2 of Annexure-I of 1999 Rules and Rule 17 of the 2006 Rules, which requires the obtaining of prior permission to fill up the vacancies, is read down to mean that the educational institutions are required to only inform the competent authority that they are filling up the vacancies which have arisen due to retirement, resignation, promotion or death, in respect of the posts which have been admitted to grant- in-aid and the competent authority is, thereafter, bound to grant permission to fill up the vacant posts and the only power that the competent authority possesses in this regard is to object to the filling up of the posts if the reservation roster points are not followed while filling up such vacant posts. If the vacant posts are being filled up in accordance with the reservation roster points, the competent authority is bound to accord permission without any delay." 6. He has also relied on the order passed by this Court in WP No.17456/2024 & connected matters, disposed of on 22.07.2024, following the order passed by this Court in WP No.11667/2022. The relevant portion at paragraph No.5 is extracted below: - 10 - HC-KAR NC: 2026:KHC:4671 WP No. 17765 of 2024 C/W WP No. 27880 of 2024 “5. As such, the petitions stand disposed of quashing the Block Education Officer's Communication dated 27.12.2023 [Annexure-M in W.P.No.17371/2024] which is also impugned in the other two writ petitions. The Deputy Director - Administration, Department of School Education and Literacy, Mangalore is directed to forward appropriate check-list to the first respondent for approval of the appointment of the petitioners in W.P.No.17456/2024 [S-RES] and W.P.No.17685/ 2024 [S-RES] within a period of six [6] weeks from the date of receipt of a certified copy of this order. The first respondent is directed to consider such check-list/recommendations and pass just orders and communicate the same to the Institution within a period of three [3] months from the date of receipt of check-list from the aforesaid officer.” 7. In view of the above, the impugned endorsement vide Annexure-G dated 09.10.2022 requires to be quashed. Accordingly, the following order: (i) The writ petitions stand disposed of. (ii) The endorsement dated 09.10.2023 vide Annexure-G in W.P.No.27880/2024 is quashed. - 11 - HC-KAR NC: 2026:KHC:4671 WP No. 17765 of 2024 C/W WP No. 27880 of 2024 (iii) The competent authority is directed to reconsider the proposal sent by the Management vide Annexure-F dated 04.10.2023 in W.P.No.27880/2024, keeping in view the orders passed by this Court in W.P.Nos.11667/2022 disposed of on 08.12.2023 and 17456/2024 and connected matters disposed of on 22.07.2024, as expeditiously as possible, not later than three months from the date of receipt of a certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 48