- 1 - HC-KAR NC: 2026:KHC:19777-DB WA No. 363 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 363 OF 2025 (S-RES) BETWEEN: 1. THE STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION VIDHANA SOUDHA, BENGALURU 560001 REPRESENTED BY ITS SECRETARY DR. AMBEDKAR VEDHI, BENGALURU-560 001. 2. THE COMMISSIONER, PUBLIC INSTRUCTIONS DEPARTMENT GOVERNMENT OF KARNATAKA, NRUPATUNGA ROAD, BENGALURU-560 001. 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT OF KARNATAKA, MANDYA-571 426. 4. THE BLOCK EDUCATION OFFICER, NAGAMANGLA TALUK, NAGAMANGALA -571 441. …APPELLANTS (BY SRI. M.N.SUDEV HEGDE, AGA FOR APPELLANTS) Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19777-DB WA No. 363 of 2025 AND: 1. MANJUNATHA M C S/O LATE CHANDRE GOWDA, AGED ABOUT 43 YEARS HINDI TEACHER, VISHWESHWARI RURAL HIGH SCHOOL, G.BOMMANAHALLI, NAGAMANGALA- 571 441 MANDYA DISTRICT 2. VISHWESHWARIAH RURAL HIGH SCHOOL, G.BOMMANAHALLI, NAGAMANGALA- 571 441 MANDYA DISTRICT. …RESPONDENTS (BY SRI. PAWAN ADVOCATE FOR SRI. H.S.SUHAS, ADVOCATE FOR R1; VIDE ORDER DATED 16.10.2025, NOTICE TO R2 IS DISPENSED WITH) ****** THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE WRIT APPEAL BY SETTING ASIDE THE ORDER DATED 04.09.2023 IN WP No- 4668/2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2026:KHC:19777-DB WA No. 363 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the judgment and order dated 04.09.2023 passed by the writ Court in W.P.No.4668/2022 (S-RES), filed by the 1st respondent herein. 2. The parties are referred to as per their ranking before the writ Court, for the sake of convenience. 3. The petitioner was appointed as a Hindi Teacher in Sri Visweshwaraiah Rural High School, G. Bommanahalli, Nagamangala Taluk, Mandya District, under the Karnataka Educational Institution Department Services (Department of Public Institution) (Recruitment) (Amendment) Rules 2002. The petitioner had to his credit Hindi Ratna and Shikshak Degree. The said Institution was taking the grant-in-aid w.e.f. 20.11.2018. However, the Government did not include the name of the petitioner in the grant-in- aid and his salary was not approved. The ground for not including the petitioner's name for grant-in-aid was that - 4 - HC-KAR NC: 2026:KHC:19777-DB WA No. 363 of 2025 he did not possess the qualification that was prescribed under the Amended Rules of 2016. However, under the 2016 Rules, the requirement was possessing a BA and B.ED Degree. It was made clear that if the appointments were made prior to the 2016 Rules came into existence and if he/she possess the requisite qualification as prescribed in the 2002 Rules, that appointment would be valid. 4. The Government itself realised the mistake of not including the petitioner's name in the grant-in-aid dated 20.11.2018 and therefore, it rectified the order dated 16.09.2019. The relevant portion of the said order would read as under:- " With regard to the appointment of the High School Teachers made therein before the commencement of the High School Teachers, Classification and Appointment Rules 2016. There is a clear instructions that for the appointment of the Hindi Teachers to the Private Aided High Schools, they must meet the requisite Educational Qualifications Criteria, mentioned therein under the provisions of - 5 - HC-KAR NC: 2026:KHC:19777-DB WA No. 363 of 2025 High School Teachers, Classification and Appointment Rules 2002, and that the Financial Grant in Aid is to be provided only to those teachers who will meet this Educational Qualifications criteria, mentioned therein under the provisions of High School Teachers, Classification and Appointment Rules 2002. Therefore it is hereby ordered that, the Financial Grant in Aid is to be granted to Sri. Manjunath M C Teacher (Hindi), Sri Vishweshwaraiah Rural High School, G Bommanahalli, Nagamangala Taluk. Hence the following Orders mentioned below are passed therein." 5. It is not in dispute that petitioner was fully qualified under the 2002 Rules, but while issuing grant-in-aid on 20.11.2018, his name was not included on the ground that he did not possess the qualification as prescribed under the 2016 Rules, which was incorrect and the said mistake has been rectified. Therefore, the petitioner would be entitled for salary from the date when the grant-in-aid dated 20.11.2018 was issued. The learned Single Judge having considered this fact has directed for grant of salary - 6 - HC-KAR NC: 2026:KHC:19777-DB WA No. 363 of 2025 from 20.11.2018 i.e., the date when the grant in order was issued, excluding the petitioner from the grant-in-aid scheme. 6. We find no reason to interfere with the impugned judgment and order dated 04.09.2023, which is why we dismiss this appeal. 7. In view of dismissal of the appeal, pending interlocutory applications, if any do not survive for consideration, hence stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE NG CT:SN List No.: 1 Sl No.: 10