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2026 DAILYLAW 8161 (KAR)

MAHESH KOTARI v. THE STATE OF KARNATAKA

WP/20424/2025 · 2026-04-08

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19548 WP No. 20424 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 20424 OF 2025 (S-RES) BETWEEN: 1. MAHESH KOTARI AGED ABOUT 37 YEARS, S/O GOVINDA KOTARI, BADABALU, ATHMIJEDDU, TALUK-KUNDAPUR, DISTRICT- UDUPI, SIDDAPURA VILLAGE, JANSALE POST – 576 229. 2. YASHODA NAIK AGED ABOUT 37 YEARS, W/O HARISH NAIK, HIREDHOMI MAVALLI-1, MURUDESHWARA, TALUK-BHATKAL, DISTRICT- UTTARA KANNADA PIN – 581 350. 3. JAGADEESH A. JYOTI, AGED ABOUT 34 YEARS, AT- YALIWAL, POST-BOMMANAHALLI, TALUK-HANAGAL, DISTRICT- HAVERI PIN – 581 203. 4. SIDDAPA MAYAR, AGED ABOUT 40 YEARS, AT- HOTANAHALLI, POST- ARALESHWAR, TALUK- HANAGAL, DISTRICT- HAVERI, PIN – 581 104. 5. NAGAVENI R. PATAGAR, AGED ABOUT 51 YEARS, AT- CHIRAGI KALLAGUDDA, POST-KUMTA, TALUK- KUMTA, UTTARA KANNADA – 581 343. 6. ARCHANA NAIK, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19548 WP No. 20424 of 2025 AGED ABOUT 42 YEARS, C/O SANTOSH NAIK, SHWETA NILAY, GANDHI NAGARA, 5TH CROSS, KUMTA, TALUK-KUMTA, UTTARA KANNADA PIN – 581 343. 7. GAYATHRI B. A. AGED ABOUT 41 YEARS W/O PRASHANTH K. N. KADIYATHUR VILLAGE, KARGUNDA POST, MADIKERI POST, KODAGU DISTRICT, KARNATAKA – 571 201. 8. LAKSHMI R. K. AGED ABOUT 41 YEARS W/O RAGHAVENDRA V., DEVEGOWDA BUILDING, H CROSS, HEMARLAHALLI POST, SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT – 563 128. 9. PRASHANTKUMAR C. BALLARIMATH, AGED ABOUT 35 YEARS, AT CHIKKAMARALIHALLI, POST- HIREMARALIHALLI, TALUK- SAVANUR, DISTRICT- HAVERI PIN – 581 118. 10. REKHA R. NAIK, AGED ABOUT 43 YEARS D/O SAVITRI G. NAIK, UPPARKERI, 3RD CROSS, KUMTA, UTTARA KANNADA – 581 343 11. CHANDRAGOUDA BHARAMAGOUDRA, AGED ABOUT 38 YEARS, AT GOUDAGERI TALUK, KUNDAGOL DISTRICT- DHARWAD – 581 107. 12. ANKALI RUKSHANA BEGUM AGED ABOUT 34 YEARS, D/O USMANSAB ANKALI, NEAR NEW ENGLISH HIGH SCHOOL, BAMMAPUR ONI, OLD HUBLI, - 3 - HC-KAR NC: 2026:KHC:19548 WP No. 20424 of 2025 DISTRICT- DHARWAD PIN – 580 028. 13. KAVITA I MUGALI, AGED ABOUT 37 YEARS, HOUSE NO. 147, KHB COLONY, UDAYAGIRI - SATTUR, DHARWAD, PIN – 580 009. 14. SHREEDHAR KALLUR, AGED ABOUT 35 YEARS, AT POST-TUPPADA KURAHATTI, TALUK- ANNIGERI, DISTRICT- DHARWAD PIN – 582 201. 15. SHARADA KAMATAGI, AGED ABOUT 35 YEARS, D/O KEMPANNA KAMATAGI, AT POST- PACHHAPUR, TALUK- HUKKERI, DISTRICT- BELAGAVI PIN – 591 122. …PETITIONERS (BY SRI. MANJUNATH NAYAK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE COMMISSIONER, THE DEPARTMENT OF HIGHER EDUCATION, NO.30, PRASANNAKUMAR BLOCK BENGALURU, CENTRAL UNIVERSITY CAMPUS, Y. RAMACHANDRA ROAD, GANDHINAGAR, BENGALURU – 560 009. 3. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, UNNATA SHIKSHANA SOUDHA, SHESHADRI ROAD, BENGALURU – 560 001 4. THE UNIVERSITY GRANTS COMMISSION, - 4 - HC-KAR NC: 2026:KHC:19548 WP No. 20424 of 2025 REPRESENTED BY ITS CHAIRMAN, BAHADUR SHA ZAFAR MARG, NEW DELHI – 110 002. 5. GOVERNMENT ARTS AND SCIENCE COLLEGE, KARWAR, REPRESENTED BY ITS PRINCIPAL, KARWAR, UTTARA KANNADA – 581 301. 6. GOVERNMENT FIRST GRADE COLLEGE, MANKI, REPRESENTED BY ITS PRINCIPAL, HONNAVAR, UTTARA KANNADA – 581 348. 7. GOVERNMENT FIRST GRADE COLLEGE, HAVERI, REPRESENTED BY ITS PRINCIPAL, HAVERI – 581 110. 8. C. G. BELLADA GOVERNMENT FIRST GRADE COLLEGE, REPRESENTED BY ITS PRINCIPAL, AKKI ALUR – 581 102. 9. GOVERNMENT FIRST GRADE COLLEGE KUMTA, REPRESENTED BY ITS PRINCIPAL, KUMTA, UTTARA KANNADA – 581 343. 10. GOVERNMENT FIRST GRADE COLLEGE, REPRESENTED BY ITS PRINCIPAL, PUNJALAKATTE, BELTHANGADI TALUK, DAKSHINA KANNADA – 574 233. 11. GOVERNMENT FIRST GRADE COLLEGE FOR WOMEN, KOLAR, REPRESENTED BY ITS PRINCIPAL, KOLAR – 563 101. 12. S J F GOVERNMENT FIRST GRADE COLLEGE, SHIRAHATTI REPRESENTED BY ITS PRINCIPAL, SHIRAHATTI – 582 120. 13. GOVERNMENT FIRST GRADE COLLEGE RANEBENNUR, REPRESENTED BY ITS PRINCIPAL, RANEBENNUR – 581 115. - 5 - HC-KAR NC: 2026:KHC:19548 WP No. 20424 of 2025 14. S.S. GOVERNMENT FIRST GRADE COLLEGE, NARAGUND, REPRESENTED BY ITS PRINCIPAL, NARAGUND – 582 207. 15. GOVERNMENT FIRST GRADE COLLEGE, PACHHAPUR, BELAGAVI, REPRESENTED BY ITS PRINCIPAL, PACHHAPUR – 591 122. …RESPONDENTS (BY SRI. SPOORTHY HEGDE, AGA FOR R1 TO R3, R5 TO R15; SRI. H. R. SHOWRI, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE CIRCULAR BEARING NO. KA SHI E/NE VI-1/A U AA/28/2025-26, DATED 25-06- 2025, AS AT ANNEXURE-K AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: “a) Issue a Writ of Certiorari quashing the Circular bearing No. Ka Shi E/Ne Vi-1/A U Aa/28/2025-26, dated 25-06- 2025, as at Annexure-K b) Issue a Writ in the nature of Mandamus or such other Writ or Order or Direction to Respondent No.3 to grant 3 marks of service for the entire academic year 2024-25 for which the Petitioners were appointed continued in service from the previous academic year and also to compensate for the monetary losses suffered by the Petitioners in the form of lost wages, as demanded in - 6 - HC-KAR NC: 2026:KHC:19548 WP No. 20424 of 2025 letters dated 04-06-2025, 09-06-2025 and 10-06-2025 vide Annexure-J-1 to J-6, in the interests of justice. c) Pass such other order/orders as this Hon'ble Court may deem fit and proper under the circumstances and facts of the case, in the interest justice and equity.” 2. Heard learned counsel for the petitioners and learned AGA for respondent Nos.1 to 3 and 5 to 10 and learned counsel for respondent No.4 and perused the material on record. 3. Learned counsel for the petitioners would submit that the petitioners would restrict their prayer only with respect to prayer No.(b) regarding consideration of letters at Annexures-J1 to J6 and the said submission is placed on record. 4. It is the grievance of the petitioners that their letters dated 04.06.2025, 04.06.2025, 04.06.2025, 04.06.2025, 04.06.2025, 09.06.2025, 10.06.2025, 04.06.2025, 24.06.2025, 09.06.2025, 04.06.2025, 24.06.2025, 09.06.2025, 04.06.2025 and 04.06.2025 at Annexures-J1 to J15 submitted to the respondents has not been considered so far by them nor any order has been passed on the same. Under these circumstances, the petitioners are before this Court by way of the present petition. - 7 - HC-KAR NC: 2026:KHC:19548 WP No. 20424 of 2025 5. Per contra, learned AGA for respondent Nos.1 to 3 and 5 to 10 submits that if reasonable time is given, they would consider and pass necessary order on the said letters. 6. In view of the aforesaid facts and circumstances and rival submissions, the respondents are hereby directed to address the grievances of the petitioners and consider their letters dated 04.06.2025, 04.06.2025, 04.06.2025, 04.06.2025, 04.06.2025, 09.06.2025, 10.06.2025, 04.06.2025, 24.06.2025, 09.06.2025, 04.06.2025, 24.06.2025, 09.06.2025, 04.06.2025 and 04.06.2025 at Annexures-J1 to J15 and pass appropriate order in accordance with law, within a period of three months from the date of receipt of a copy of this order. 7. Subject to the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 139