The Secretary To Government vs Siddaramesh Poleshi S/O Nagappa ...

Citation : 2025 Latest Caselaw 9403 Kant
Judgement Date : 25 October, 2025

Karnataka High Court

The Secretary To Government vs Siddaramesh Poleshi S/O Nagappa ... on 25 October, 2025

Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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                                                        WA No. 200048 of 2023


                      HC-KAR




                                  IN THE HIGH COURT OF KARNATAKA,

                                         KALABURAGI BENCH

                             DATED THIS THE 25TH DAY OF OCTOBER, 2025

                                              PRESENT
                           THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                                AND
                           THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY


                               WRIT APPEAL NO. 200048 OF 2023 (S-RES)
                      BETWEEN:

                      1.    THE SECRETARY TO GOVERNMENT,
                            DEPARTMENT OF LAW AND PARLIAMENTARY
                            AFFAIRS, VIDHANA SOUDHA,
                            BENGALURU- 01.

                      2.    THE PRINCIPAL SECRETARY TO GOVERNMENT,
                            DEPARTMENT OF HIGHER EDUCATION,
                            M. S. BUILDING,
                            BENGALURU-560 001.
Digitally signed by
RAMESH
MATHAPATI             3.    THE COMMISSIONER,
Location: HIGH              DEPARTMENT OF COLLEGIATE EDUCATION,
COURT OF
KARNATAKA                   SHESHADRI ROAD,
                            BENGALURU-560 001.

                      4.    THE REGIONAL JOINT DIRECTOR,
                            DEPARTMENT OF COLLEGIATE EDUCATION,
                            DHARWAD-580 001.

                                                                  ...PETITIONERS

                      (BY SRI. VIRANAGOUDA M. BIRADAR, AGA)
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                                  WA No. 200048 of 2023


HC-KAR




AND:

1.   SRI. SIDDARAMESH POLESHI
     S/O NAGAPPA POLESHI,
     AGED ABOUT: 55 YEARS,
     OCC: ASSOCIATE PROFESSOR IN PHYSICS,
     (DATE OF ENTRY INTO SERVICE: 16.08.1990)

2.   SRI. SANGAYYA NIMBALGUNDI
     S/O URAGAYYA NIBALGUNDI,
     AGED ABOUT: 55 YEARS,
     OCC: ASSOCIATE PROFESSOR IN PHYSICS,
     (DATE OF ENTRY INTO SERVICE: 16.08.1990)

3.   SRI. SHANTAYYA GURUMATH
     S/O VEERASANGAYYA GURUMATH,
     AGED ABOUT: 58 YEARS
     OCC: ASSOCIATE PROFESSOR IN PHYSICS,
     (DATE OF ENTRY INTO SERVICE: 16.08.1990)

4.   SRI. ABDUL RAZAK BAGAWAN
     S/O SHEKHSAIHED BAGAWAN,
     AGED ABOUT: 58 YEARS
     OCC: ASSOCIATE PROFESSOR IN CHEMISTRY,
     (DATE OF ENTRY INTO SERVICE: 15.06.1993)

5.   SRI. NINGANAGOUDA PATIL
     S/O SIDDANGOUDA PATIL,
     AGED ABOUT: 58 YEARS,
     OCC: ASSOCIATE PROFESSOR IN STATISTICS,
     (DATE OF ENTRY INTO SERVICE: 02.09.1991)

6.   SRI. MAHADEV MANGAROOL
     S/O VALLAPPA MANGAROOL,
     AGED ABOUT: 64 YEARS,
     OCC: ASSOCIATE PROFESSOR IN MATHEMATICS,
     (DATE OF ENTRY INTO SERVICE: 15.06.1990)
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7.   SRI. SURESH BIDARKUNDI
     NAGAPPA BIDARKUNDI
     AGED ABOUT: 59 YEARS,
     OCC: ASSOCIATE PROFESSOR IN STATISTICS
     (DATE OF ENTRY INTO SERVICE: 01.08.1989)

8.   SRI. MALLIKARJUNA BIRADAR
     S/O ADIVAPPA BIRADAR,
     AGED ABOUT: 58 YEARS,
     OCC: ASSOCIATE PROFESSOR IN ENGLISH,
     (DATE OF ENTRY INTO SERVICE: 16.06.1993)

9.   SRI. MAHANTAYYA SALIMATH
     S/O MALLAYYA SALIMATH,
     AGED ABOUT: 62 YEARS
     OCC: LAB ATTENDER,
     R/O M.G.V.C ARTS, COMMERCE AND SCIENCE
     COLLEGE, MUDDEBIHAL,
     DIST. BIJAPUR. KARNATAKA.
     (DATE OF ENTRY INTO SERVICE: 15.06.1991)


10. SRI. SHIVAYYA SHIVAYOGIMATH
    S/O BASAYYA SHIVAYOGIMATH,
    AGED ABOUT: 58 YEARS,
    OCC: LAB ATTENDER,
    (DATE OF ENTRY INTO SERVICE: 15.06.1991)

11. SRI. MANAPPA PATTAR
    S/O DODDABASAPPA PATTAR,
    AGED ABOUT: 58 YEARS,
    OCC: LAB ATTENDER,
    (DATE OF ENTRY INTO SERVICE: 15.06.1988)

12. SRI. MURTUZ NAIK S/O IMAM HUSAIN NAIK,
    AGED ABOUT: 47 YEARS,
    OCC: LAB ATTENDER,
    (DATE OF ENTRY INTO SERVICE: 28.03.1995)
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13. SRI. SIDDARAMESH BIRADAR
    S/O SHIVAPPA BIRADAR,
    AGED ABOUT: 55 YEARS,
    OCC: LAB ATTENDER,
    (DATE OF ENTRY INTO SERVICE: 25.03.1995)

14. SRI. ANJANEYA SHIKHARI S/O BAPU SHIKHARI,
    AGED ABOUT: 54 YEARS, OCC:LAB ATTENDER,
    (DATE OF ENTRY INTO SERVICE: 15.06.1994)

    ALL ARE WORKING AT
    MGVC ARTC COMMERCE AND SCIENCE COLLEGE,
    MUDDEBIHAL-586 245,
    DIST-BIJAPURA, KARNATAKA.

                                        ...RESPONDENTS


     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE

WRIT APPEAL, SET ASIDE THE ORDER OF THE LEARNED

SINGLE JUDGE DATED 05.11.2015 PASSED IN WRIT PETITION

NO.204935-948/2014 (S-RES) AND CONSEQUENTLY, DISMISS

THE WRIT APPEAL.


     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:



CORAM:   HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
         AND
         HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
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                       ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD) Heard the learned Addl. Government Advocate for the appellant-State.

2. The application in IA.No.2/2023 is filed for condonation of delay of 1892 days in filing the appeal. The impugned order dated 05.11.2015 has been passed after hearing the learned Government Advocate appearing for the respondent-State. It is stated in the affidavit that the certified copies of the order was submitted to the Legal Department on 09.01.2023. There is no explanation for the period 2025 to 2023 as to why they have not taken any steps. There is no any explanation for the delay of 10 years in filing the appeal. Even on the merits, the impugned order has been by this Court on the basis of the similar orders passed in W.P.Nos.112957-113040/2014, W.P.Nos.113041-113050/2014 and W.P.Nos.108588- 108604/2015. The said order has not been challenged -6- NC: 2025:KHC-K:6267-DB WA No. 200048 of 2023 HC-KAR even on the ground of delay as well as on merits. The writ appeal requires to be dismissed.

Accordingly, the writ appeal is dismissed.

Sd/-

(H.T.NARENDRA PRASAD) JUDGE Sd/-

(TYAGARAJA N. INAVALLY) JUDGE MSR List No.: 1 Sl No.: 29 CT: SB