- 1 - HC-KAR NC: 2026:KHC-D:664 WP No. 104968 of 2025 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. 104968 OF 2025 (S-RES) BETWEEN: SRI. BHEEMARAO MALLAPPA SONAR S/O. LATE MALLAPPA BHEEMAPPA SONAR, AGED ABOUT 19 YEARS, H.NO.1250, NADAGER STREET, KUNDAGOL, DHARWAD-581113. …PETITIONER (BY SRI. LAXMINARAYAN, ADVOCATE) AND: 1. GOVERNMENT OF INDIA MINISTRY OF EDUCATION, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, ROOM NO.528C, SHASHTRI BHAVAN, NEW DELHI. 2. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BANGALORE-560001. 3. THE DIRECTOR (ADMINISTRATION), DEPARTMENT OF SCHOOL EDUCATION, HAVERI-581110. …RESPONDENTS (BY SRI. M. C. HUKKERI, ADVOCATE FOR R1; SMT.NANDINI B. SOMAPUR, AGA FOR R2 AND R3) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.28 10:34:33 +0530 - 2 - HC-KAR NC: 2026:KHC-D:664 WP No. 104968 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT/ORDER DATED 27.05.2025 BEARING NO.J1.SHA. SHI.A.KHA.PROW/SHA/BHI.SONAR/ANUKAMPA/08/2025-26 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-G, AS ILLEGAL; ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER UNDER COMPASSIONATE APPOINTMENT AND ISSUE NECESSARY ORDERS OF APPOINTMENT 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 1. Assailing the order dated 27.05.2025 issued by Respondent No.3 (Annexure-G), wherein the claim of the petitioner for compassionate appointment was rejected on the ground that Bharat Institute of Schooling Education did not possess valid permission, and that the permission earlier granted to the Institution had been cancelled by an order dated 31.12.2021. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate for the respondents. Perused the material on record. - 3 - HC-KAR NC: 2026:KHC-D:664 WP No. 104968 of 2025 3. Learned counsel for the petitioner submits that the impugned endorsement/order(Annexure-G) is contrary to law, as it fails to consider the material fact that the cancellation order dated 31.12.2021 was set aside by this Court in W.P.No.228 of 2022 (Annexure-L). In light of the said order, respondents were duty-bound to consider petitioner’s application for compassionate appointment in accordance with law. 4. Per contra, learned AGA appearing for the respondents sought to justify the impugned order, contending that the order passed by this Court in W.P.No.228 of 2022 setting aside the cancellation was not produced by the petitioner before the competent authority, and therefore the impugned endorsement/order came to be issued. 5. This Court has carefully considered the rival submissions and perused the material on record. - 4 - HC-KAR NC: 2026:KHC-D:664 WP No. 104968 of 2025 6. Undisputedly, the permission granted to the Institution, which was cancelled by order dated 31.12.2021, was subsequently set aside by this Court in W.P.No.228 of 2022. This Court at paragraphs 8 and 9 of the said judgment held as under: “8. The respondents vide Annexure-H dated 26.10.2021 called the petitioner-Institution to submit documents. In response to Annexure- H, the petitioner submitted the documents. Respondent No.1 without looking into the documents submitted by the petitioner, passed the impugned order. Hence, the impugned order passed by respondent No.1 is in violation of principles of natural justice. Hence, on this ground alone the impugned order is liable to be quashed. 9. In view of the above discussion, I proceed to pass the following: ORDER The writ petition is allowed. The order dated 31.12.2021, passed by respondent No.1 vide Annexure-J is quashed. Liberty is reserved for respondent No.1 to initiate the proceedings if necessarily after providing an opportunity to the petitioner and pass an appropriate order.” - 5 - HC-KAR NC: 2026:KHC-D:664 WP No. 104968 of 2025 7. In view of the above, rejection of the petitioner’s claim for compassionate appointment solely on the ground that the permission of the Institution stood cancelled is unjustified and unsustainable, and the impugned endorsement is liable to be quashed. 8. Accordingly, this Court passes the following: ORDER i. The writ petition is allowed. ii. The impugned endorsement/order dated 27.05.2025 issued by Respondent No.3 (Annexure-G) is hereby quashed. iii. Respondent No.3 is directed to reconsider the petitioner’s case for compassionate appointment in accordance with law, within a period of four 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.: 9