Karnataka High Court
Sri.M.K. Sujay vs State Of Karnataka on 18 February, 2026
Author: H T Narendra Prasad
Bench: H T Narendra Prasad
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NC: 2026:KHC:9961
WP No. 24775 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 24775 OF 2024 (S-RES)
BETWEEN:
SRI.M.K. SUJAY
S/O LATE M M KUSHALAPPA
AGED ABOUT 53 YEARS
R/AT THYAGATTUR VILLAGE
VALNUR POST, KUSHALNAGAR HOBLI
KODAGU DISTRICT-571234.
WORKING AS ENGLISH LECTURER
AT BHARATHI PRE-UNIVERSITY COLLEGE
MAGAGODU, MADIKERI TALUK
KODAGU DISTRICT 571201
...PETITIONER
(BY SRI. RANGANATHA S JOIS, ADVOCATE FOR
Digitally signed by
SRI. TEJASVI K V, ADVOCATE)
MALATHI
CHALUVA
IYENGAR AND:
Location: HIGH
COURTOF
KARNATAKA
1. STATE OF KARNATAKA
REP. BY THE SECRETARY TO GOVERNMENT
PRIMARY AND SECONDARY EDUCATION
EDUCATION DEPARTMENT
M S BUILDING, BENGALURU.
2. SECRETARY
BHARTHI PRE-UNIVERSITY COLLEGE
MARGODU, KODAGU DISTRICT-571252
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NC: 2026:KHC:9961
WP No. 24775 of 2024
HC-KAR
3. DEPUTY DIRECTOR
PRE-UNIVERSITY EDUCATION DEPARTMENT
AND PROFESSIONAL EDUCATION DEPARTMENT
KODAGU DISTRICT, MADIKERI-571201.
4. DIRECTOR
PRE-UNIVERSITY EDUCATION DEPARTMENT
PALACE ROAD, BENGALURU-560012.
5. COMMISSIONER
PRE-UNIVERSITY EDUCATION DEPARTMENT
PALACE ROAD, BENGALURU-560012.
6. JOINT DIRECTOR
SCHOOL EDUCATION DEPARTMENT
PRE UNIVERSITY, BENGALURU-12
...RESPONDENTS
(BY SRI. G RAMESH NAIK, AGA FOR R1 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE
WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS
TO GRANT THE PETITIONER GRANT-IN-AID WITH
RETROSPECTIVE EFFECT FROM THE DATE OF HIS ELIGIBILITY
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 H.T. NARENDRA PRASAD
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NC: 2026:KHC:9961
WP No. 24775 of 2024
HC-KAR
ORAL ORDER
1. In this writ petition, the petitioner has called in question the endorsement dated 19.05.2024 issued by respondent No.4 (Annexure-A), whereby the proposal sent by the respondent-Management seeking approval of grant-in-aid in respect of the petitioner's post has been rejected.
2. The case of the petitioner is that he was appointed as a Lecturer in English at respondent No.2-Bharathi Composite P.U. College, Margodu, Kodagu District - on 03.07.1994. The said institution is an aided college. The petitioner's appointment was approved; however, he was not admitted to grant-in-aid. Subsequently, the Management submitted a proposal to the concerned Department seeking admission of the petitioner to grant-in-aid. The same was not considered. Repeated proposals were thereafter submitted. Pursuant to the proposals sent by the Management, the Joint Director -4- NC: 2026:KHC:9961 WP No. 24775 of 2024 HC-KAR submitted a report dated 28.08.2023 (Annexure-ZK). Thereafter, respondent No.4 issued the impugned endorsement rejecting the request to admit the petitioner's post to grant-in-aid on the ground that there was no adequate student strength in the college. Being aggrieved, the present petition is filed.
3. Learned Additional Government Advocate has filed statement of objection contending that the appointment of the petitioner was not in accordance with law and he was not qualified to be appointed as an English Lecturer in the respondent No.2-Institution.
4. Heard the learned counsel for the parties. Perused the impugned endorsement.
5. Upon perusal of the impugned endorsement, it is evident that, except stating that there is no adequate student strength in the college, no other reasons are assigned regarding the petitioner's eligibility or the -5- NC: 2026:KHC:9961 WP No. 24775 of 2024 HC-KAR validity of his appointment, while rejecting the proposal. The impugned endorsement is passed without application of mind and it is not a speaking order. On this ground alone, the impugned endorsement is liable to be quashed. The matter requires reconsideration. Accordingly, the following order is passed:
ORDER
a) Writ petition is disposed of.
b) The impugned endorsement dated 19.05.2024 issued by respondent No.4 at Annexure-A, is quashed.
c) The petitioner is permitted to submit additional representation enclosing all necessary documents to establish his case within two weeks from the date of receipt of the certified copy of this order.
d) Respondent Nos.3 to 5 are directed to consider the proposal sent by the respondent- Management and also the additional -6- NC: 2026:KHC:9961 WP No. 24775 of 2024 HC-KAR representation furnished by the petitioner along with all necessary documents, in accordance with law, and pass appropriate orders within two weeks from date of submitting the additional representation by the petitioner.
Sd/-
(H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 42