- 1 - HC-KAR NC: 2026:KHC-D:297 WP No. 103832 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 103832 OF 2014 (S-RES) BETWEEN: RAJESH M. KOSHTI AGE: 39 YEARS, OCC: SERVICE, R/O. MANGASULI, TQ: ATHANI, DIST: BELGAUM. …PETITIONER (BY SRI. VINAY S.KOUJALAGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA PRIMARY AND HIGHER EDUCATION, DEPARTRMENT OF EDUCATION, REPRESENTED BY ITS SECRETARY, M.S.BUILDING, BANGALORE. 2. THE UNDER SECRETARY PRIMARY AND HIGHER EDUCATION, DEPARTMENT OF EDUCATION, M.S.BUILDING, BANGALORE. 3. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS, DHARWAD. 4. SHRI. GAJANAN EDUCATION SOCIETY NEW HIGH SCHOOL, KEMPAWAD-591234, TQ: ATHANI, DIST: BELGAUM, REP. BY ITS SECRETARY. …RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA FOR R1 TO R3; NOTICE TO R4 IS SERVED) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.20 15:20:05 +0530 - 2 - HC-KAR NC: 2026:KHC-D:297 WP No. 103832 of 2014 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA FOR PRAYING TO QUASH THE ORDER PASSED BY RESPONDENT NO.1 AUTHORITY DATED 20.07.2012 BEARING NO.ED 242/SOH/2011 PRODUCED AT ANNEXURE-D; DIRECT THE RESPONDENT NO.1 TO GRANT THE SALARY OF THE PETITIONER FROM 29/05/2009 I.E. FROM THE DATE OF ADMITTING THE INSTITUTION TO GRANT-IN-AID IN VIEW OF THE ORDER DATED 02/06/2011 PRODUCED AT ANNEXURE-E AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER 1. The petitioner has approached this Court seeking to quash the order passed by Respondent No.1 authority dated 20.07.2012 (Annexure-D), and for consequential direction to grant salary to the petitioner with effect from 29.05.2009, being the date on which the fourth respondent - Institution was admitted to the grant-in-aid scheme, in terms of the Government Order dated 02.06.2011 (Annexure-E). 2. The petitioner was appointed as a Kannada Teacher on 17.07.2007, his post was approved on 04.07.2008, - 3 - HC-KAR NC: 2026:KHC-D:297 WP No. 103832 of 2014 and the Institution was admitted to the grant-in-aid scheme on 29.05.2009. By the impugned order dated 20.07.2012 (Annexure-D), respondent No.1 restricted the salary grant to the petitioner only from the date of the said order. 3. Learned counsel for the petitioner submits that, in view of the Government Order dated 02.06.2011 (Annexure-E), the petitioner is entitled to salary grant either from the date of approval of the post or from the date on which the Institution was admitted to the grant-in-aid scheme, whichever is later. 4. Per contra, learned AGA appearing for the respondents seeks to justify the impugned order, on the ground that the petitioner was appointed against a post reserved for SC/ST category and that the appointment was only regularized pursuant to order of this Court and therefore, it is contended that the petitioner is not - 4 - HC-KAR NC: 2026:KHC-D:297 WP No. 103832 of 2014 entitled to the benefit of the Government Order dated 02.06.2011. 5. Heard the learned counsel for the petitioner and learned AGA for the respondents. Perused the material on record. 6. The factual aspects regarding the date of appointment, approval of post and admission of the Institution to the grant-in-aid scheme are not in dispute. In the Government Order dated 02.06.2011 (Annexure-E), it is held as under: 3. ¥Àæ¸ÁÛªÀ£ÉAiÀÄ°è «ªÀj¹gÀĪÀ PÁgÀtUÀ½UÁV ¢£ÁAPÀ: 01.06.1987 jAzÀ 1992-93 £Éà ±ÉÊPÀëtÂPÀ ¸Á°£À°è ¥ÁægÀA©ü¹, ¸ÀvÀvÀªÁV £ÀqɸÀÄwÛgÀĪÀ gÁdåzÀ°è£À SÁ¸ÀV C£ÀÄzÁ£ÀgÀ»vÀ ¥ÁæxÀ«ÄPÀ ªÀÄvÀÄÛ ¥ËæqsÀ±Á¯É ºÁUÀÆ ¥ÀzÀ« ¥ÀǪÀð PÁ¯ÉÃdÄUÀ¼À£ÀÄß ¸ÀºÁAiÀiÁ£ÀÄzÁ£ÀPÉÌ M¼À¥Àr¸À®Ä ¸ÀPÁðgÀzÀ wêÀiÁð£À DUÀĪÀ ªÉÆzÀ®Ä CAzÀgÉ ¢£ÁAPÀ 30-08-2007 gÀ ¥ÀǪÀðzÀ°è ªÀÄvÀÄÛ 1993-94 ªÀÄvÀÄÛ 1994-95 £Éà ±ÉÊPÀëtÂPÀ ¸Á°UÉ ¸ÀºÁAiÀiÁ£ÀÄzÁ£ÀªÀ£ÀÄß ¤ÃqÀ®Ä ¸ÀPÁðgÀzÀ wêÀiÁð£À DUÀĪÀ ªÉÆzÀ®Ä CAzÀgÉ ¢£ÁAPÀ 04.09.2008 gÀ ¥ÀǪÀðzÀ°è ¸ÀA§A¢ü¹zÀ DqÀ½vÀ ªÀÄAqÀ½¬ÄAzÀ £ÉêÀÄPÀUÉÆAqÀÄ ¸ÀzÀj ¸ÀA¸ÉÜUÀ¼À°è ¤gÀAvÀgÀªÁV ¸ÉÃªÉ ¸À°è¸ÀÄwÛgÀĪÀ ²PÀëPÀgÀÄUÀ½UÉ MAzÀÄ - 5 - HC-KAR NC: 2026:KHC-D:297 WP No. 103832 of 2014 ¨ÁjUÉ F PɼÀPÀAqÀ µÀgÀvÀÄÛUÀ½UÉƼÀ¥ÀlÄÖ «ÄøÀ¯ÁwAiÀÄ°è «£Á¬ÄwAiÀÄ£ÀÄß ¤Ãr, DzÉò¹zÉ.:- 7. From the above, it is clear that the teachers appointed prior to 04.09.2008 are entitled to salary grant, payable either from the date of approval of the post or from the date of admission of the Institution to the grant-in-aid scheme, whichever is later. 8. In the present case, since the petitioner was appointed prior to 04.09.2008, and the Institution was admitted to the grant-in-aid scheme on 29.05.2009, the petitioner is entitled to salary grant from the said date. The reasons assigned in the impugned order dated 20.07.2012 are contrary to the Government Order dated 02.06.2011 and cannot be sustained. 9. Accordingly, this Court pass the following: ORDER i. The writ petition is allowed. - 6 - HC-KAR NC: 2026:KHC-D:297 WP No. 103832 of 2014 ii. The impugned order dated 20.07.2012 passed by Respondent No.1 (Annexure-D) is hereby quashed. iii. Respondent No.1 is directed to grant salary to the petitioner with effect from 29.05.2009, the date on which the Institution was admitted to the grant-in- aid scheme and to release the consequential arrears, within a period of eight weeks from the date of receipt of a copy of this order. Sd/- JUSTICE K.S.HEMALEKHA gab Ct:VH List No.: 1 Sl No.: 60