- 1 - HC-KAR NC: 2026:KHC-D:649 WP No. 112349 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.112349 OF 2019 (S-RES) BETWEEN: THE VICE CHAIRMAN METHODIST MISSION SCHOOLS, DHUPADAL, TQ: GOKAK, DIST: BELGAUM. …PETITIONER (BY SRI. SHRIHARSH A.NEELOPANT, ADVOCATE) AND: 1. THE SECRETARY PRIMARY AND HIGHER SECONDARY EDUCATION DEPARTMENT, M.S. BUILDNG, BENGALURU-01. 2. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTION, BANGALORE. 3. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTION, DHARWAD. 4. THE DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTION, CHIKODI (NORTH), DIST: BELGAUM. 5. THE BLOCK EDUCATION OFFICER MUDALAGAI, TQ: GOKAK, DIST: BELGAUM. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA) MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.28 11:49:20 +0530 - 2 - HC-KAR NC: 2026:KHC-D:649 WP No. 112349 of 2019 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 21.10.2016 BEARING NO.f3±Á²C:jC¸ÀA:62427/12:09:2012-13/2628 PASSED BY THE RESPONDENT NO.3 AS PER ANNEXURE-K AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER The petitioner-Institution has approached this Court seeking to challenge the order dated 21.10.2016 (Annexure-K), passed by respondent No.3 whereby the approval to the post of Isaq Mudalagi was declined on the ground that, in terms of the Government Order dated 01.06.1999, there was a ban on filling up vacant posts owing to the existence of surplus teachers in private aided primary schools. The petitioner also seek to quash the subsequent order dated 09.03.2018 (Annexure-M), passed by respondent No.2 rejecting approval on the ground that the petitioner-Institution is not a minority institution and that no material are produced its minority status. - 3 - HC-KAR NC: 2026:KHC-D:649 WP No. 112349 of 2019 2. Brief facts: The Government, by notification dated 20.05.2000, clarified that the General Rules relating to filling up vacancies and the teachers students ratio are not applicable to minority institution. The petitioner-Institution claims minority status and it is not in dispute that Sri Isaq Mudalagi has served as an Assistant Teacher in the petitioner-institution for a period of six years. Further, respondent No.1, by communication dated 30.07.2001 address to respondent No.4, clarify that schools run by minority institutions, vacancy arising due to death, resignation, or retirement, could be filed by relaxing the condition relating to surplus teachers. It is also places on record that the Government has subsequently lifted the ban on filling up the vacancies as the issue relating to surplus teachers stood resolved. In that back drop, upon a representation submitted by Sri Isaq Mudalagi, seeking approval of his post, the - 4 - HC-KAR NC: 2026:KHC-D:649 WP No. 112349 of 2019 petitioner management forwarded the same to the competent authority seeking approval of the appointment, grant of pay scale, and release of grant in aid, relying upon the Government notification dated 20.05.2000. 3. Learned counsel for the petitioner submits that in terms of the Government notification dated 20.05.2000, where a school belongs to a minority institution and fulfils the prescribed conditions, filing up vacant post is permissible. It is further contended that Sri Isaq Mudalagi has been functioning as the sole teacher in the school and denial of approval is arbitrary and unsustainable in law. 4. Per contra, learned Additional Government Advocate appearing for the respondent/State sought to justifies the impugned order and submitted that the same does not warrant any interference. 5. Heard the learned counsel for the petitioner- Institution and learned Additional Government Advocate for the respondents/State. - 5 - HC-KAR NC: 2026:KHC-D:649 WP No. 112349 of 2019 6. This Court has carefully considered the contentions and perused the material on record. 7. It is an undisputed fact that in terms of the Government notification dated 20.05.2000 (Annexure-D), the teacher-students ratio is not applicable to minority institution. It is also not in dispute that petitioner-Institution is a minority institution. The impugned orders (Annexures-K and M) proceed on the premise that there was ban on filling up vacancies and on applicability teacher-students rotation, grounds which are admittedly in applicable to minority institutions. 8. In view of the above this court is of the considered opinion that the impugned order declining to approval to post recommending by the petitioner Institution and warrants interference. Accordingly, this Court pass the following: - 6 - HC-KAR NC: 2026:KHC-D:649 WP No. 112349 of 2019 ORDER i. The writ petition is allowed. ii. Impugned orders dated 21.10.2016 (Annexure-K) and 09.03.2018 (Annexure-M) passed by the respondent No.3 are hereby quashed. iii. Respondents No.1 and 5 are directed to consider the petitioner's representation dated 10.07.2019 seeking approval of the post of Sri Isaq Mudalagi, in terms of the Government notification dated 20.05.2000 (Annexure-D) and report of the Block Education Officer-respondent No.5 (Annexure-J) and pass appropriate orders within a period of four weeks from the date of receipt of certified copy of this order. Sd/- JUSTICE K.S.HEMALEKHA AM Ct:VH List No.: 1 Sl No.: 2