- 1 - HC-KAR NC: 2026:KHC:15418 WP No. 19446 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 19446 OF 2023 (S-RES) BETWEEN: SMT. MANJULA. H.N., D/O NARASIMAHAIH AGED 48 YEARS R/AT SAJJE HOSAHALLI VILLAGE DODDERI HOBLI MADHUGIRI TALUK TUMKURU DISTRICT 572132 PRESENT WORKING AS HINDI TEACHER AT SRI AMBEDKAR SANIVASA HIGH SCHOOL, SIDDANABETTA NEGILALA POST 572 129. KORATAGERE TALUK TUMUKRU DISTRICT. …PETITIONER (BY SRI. R. SUBRAMANYA, FOR SRI. B.R. RAGHAVENDRA, ADVOCATES) AND: 1. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY (PRIMARY AND SECONDRY DEPARTMENTOF EDUCATION M S BUILDING, BENGALURU – 560 001. 2. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTION NRUPATHUNGA ROAD, BENGALURU – 560 001. 3. DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTURCTION Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15418 WP No. 19446 of 2023 MADHUGIRI EDUCATION DISTICT MAHDUGIRI, TUMKURU DISTRICT 572 132. 4. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, TUMKURU - 572 101. 5. BLOCK EDUCATION OFFICER KORATAGERE, TUMKURU DISTRICT 572 129. 6. THE SECRETARY DR B R AMBEDKAR MEMORIAL EDUCATION SOCIETY (R) OFFICE AT RATHNA RANJITHA NILAYA HINDUPUR ROAD, MADHUGIRI TOWN, TUMURU DISTRICT 572 132. …RESPONDENTS (BY SRI. G. RAMESH NAIK, AGA FOR R-1 TO R-3 & R-5 R-4 & R-6 ARE SERVED) THIS W.P IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICE MEMORANDUM DTD 20/09/2021 VIDE NO. ANU1/KA SHA SHI NE ANU/23/2020-21, ISSUED BY THE R-3 PRODUCED AT ANNEXURE-A23 TO THE WP AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “1. Issue a writ or direction in the nature of certiorari or any other writ by way of quashing the Official Memorandum dated 20.09.202 vide No.anu1/ka sha shi ne anu/23/2020-21, issued by the respondent No.3 produced at Annexure-A23 to the writ petition. 2. Direct the respondent No.1 to 5 to approve the post of the petitioner extend the grand in aid in view of the - 3 - HC-KAR NC: 2026:KHC:15418 WP No. 19446 of 2023 judgment of this Hon’ble Court dated 22.04.2022 produced as per Annexure-A-28 to the writ petition. 3. Direct the respondents to extend the grant –in-aid to the petitioner within a stipulated period of two months. 4. Pass grant such other relief/s as this Hon’ble Court may deems fit in the circumstances of the case including the cost of proceedings in the interest of justice and equity.” 2. Heard learned counsel for the petitioner, learned AGA for respondent Nos.1, 3 and 5 and perused the material on record. 3. Learned counsel for the petitioner invited my attention to the order passed by the Hon’ble Division Bench in the case of Sri. Dayanand Malage and others Vs. The State of Karnataka and others - W.P.No.13326/2020 C/w. W.P.Nos.13327/2020, 13328/2020 and 13329/2020 dated 22.04.2022 (Annexure-A28), in order to contend that the impugned Official Memorandum dated 20.09.2021 deserves to be set aside the matter may be remitted back to respondent No.3 for reconsideration afresh, bearing in mind Annexure-A28 as well as Annexure-A27, within a stipulated timeframe, which are the proceedings of the State Government dated 05.11.1980 and in accordance with law. 4. The said submission is placed on record. - 4 - HC-KAR NC: 2026:KHC:15418 WP No. 19446 of 2023 5. Per contra, learned AGA submits that there is no merit in the petition and that the same is liable to be dismissed. 6. A perusal of the impugned Official Memorandum at Annexure-A23 will indicate that the same was passed/issued prior to the aforesaid order at Annexure-A28 passed by the Hon’ble Division in relation to identically situated persons. It is needless to state that at the time of issuing the impugned Official Memorandum at Annexure-A23, the said judgment was not passed by this Court. Under these circumstances, without expressing any opinion on the merits/demerits of the rival contentions, the impugned Official Memorandum at Annexure-A23 deserves to be set aside and matter may be remitted back to respondent No.3 for reconsideration of the claim of the petitioner, in accordance with law, bearing in mind Annexures-A27 and A28, within a period of three months from the date of receipt of a copy of this order. 7. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned Official Memorandum dated 20.09.2021 issued by respondent No.3 vide Annexure-A23 is hereby set aside. - 5 - HC-KAR NC: 2026:KHC:15418 WP No. 19446 of 2023 (iii) The matter is remitted back to respondent No.3 for reconsideration of the claim of the petitioner afresh, in accordance with law bearing in mind Annexures-A27 and A28, within a period of three months from the date of receipt of a copy of this order. (iv) Liberty is reserved in favour of petitioner to submit additional documents, pleadings etc., before respondent No.3, who shall consider the same and proceed further, in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 35