Karnataka High Court
Ningappa G Warad vs State Of Karnataka on 5 November, 2024
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NC: 2024:KHC-K:8095
WP No. 202787 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 202787 OF 2023 (S-RES)
BETWEEN:
1. NINGAPPA G WARAD
AGE: 68 YEARS,
OCCUPATION: RETIRED PHYSICAL
CULTURAL INSTRUCTOR,
M. S. IRANI DEGREE COLLEGE,
KALABURAGI, RESIDENT OF
H. NO. 2-910/65/158,
JAYANAGAR, SEDAM ROAD,
KALABURAGI 585105
2. MALAKAPPA M BONAL
AGE: 68 YEARS,
OCC: RETIRED ASSOCIATE PROFESSOR,
SMT. V. G. WOMENS DEGREE COLLEGE,
Digitally signed by KALABBURAGI, RESIDENT OF H NO.3-59,
RENUKA VIVEKA NILAYA, PRASHANT NAGAR,
Location: HIGH RING ROAD, KALABURAGI 585103
COURT OF
KARNATAKA
3. GIRIMALLAPPA HARAWAL
AGE: 70 YEARS,
OCC: RETIRED ASSOCIATE PROFESSOR,
SP AND JM BORA COLLEGE,
SHORAPUR, RESIDENT OF LIG 112,
SHANTI NAGAR, MSK MILL ROAD,
KALABURAGI 585102
4. BABUGIR NARASINGGIR GOSWAMI
AGE: 72 YEARS,
OCC: RETIRED ASSOCIATE PROFESSOR,
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WP No. 202787 of 2023
SBC ARTS AND S. V. COMMERECE COLLEGE,
HUMNABAD, RESIDENT OF PLOT NO.387,
TEJASVI NAGAR, PILLER NO. 122,
APPAPUR, NEAR ARAVIND MEDICAL STORE,
HYDERABAD 500048.
5. SHIVARAJ KELLUR
AGE: 65 YEARS,
OCC: RETIRED ASSOCIATE PROFESSOR,
MGDA DEGREE COLLEGE, KALABURAGI,
RESIDENT OF H NO. 11-1796,
SHARANA DHAMMA, VIDYA NAGAR,
II CROSS, NEAR WATER TANK,
KALABURAGI 585103
6. RAJAHSEKHAR CHALAGIRI
AGE: 63 YEARS,
OCC: RETIRED ASSOCIATE PROFESSOR,
S. S. MARAGOL COLLEGE, SHAHABAD,
RESIDENT OF H NO 2-911/1/2172,
PRASHANT NAGAR (A),
RAJAPUR ROAD,
KALABURAGI 585105
7. SHIVALINGAYYA C KALLIMATH
AGE: 66 YEARS,
OCC: RETIRED ASSOCIATE PROFESSOR,
SBC ARTS AND COMMERCE COLLEGE,
HUMNABAD, RESIDENT OF 22-675,
BASAVA NAGAR, AT HUMNABAD,
DISTRICT BIDAR 585330
8. B. B. SARADAGI
AGE: 62 YEARS,
OCC: RETIRED ASSOCIATE PROFESSOR,
MSI DEGREE COLLEGE, KALABURAGI,
RESIDENT OF H NO.2-909/204,
SRI VEERENDRA PATIL COLONY,
GDA PLOT NO. 2044, BLCOK NO.1,
SEDAM ROAD, KALABURAGI 585105
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WP No. 202787 of 2023
9. KALLAPPA TELI
AGE: 69 YEARS,
OCC: RETIRED LIBRARIAN,
C B PATIL DEGREE COLLEGE,
CHINCHOLI, RESIDENT OF 1-633/4,
SRI RAMANAGAR, POST CHANDAPUR,
TQ CHINCHOLI, DIST KALABURAGI 585307
10. MRS. SHAMEEM SURAYYA
W/O LATE MOHD. RIYAZUDDIN,
AGE 74 YEARS,
OCC: RETIRED PRINCIPAL,
B. RAZA WOMENS COLLEGE KALABURAGI,
RESIDENT OF NOOR BUILDING
SANTRASWADI, KALABURAGI 585104
...PETITIONERS
(BY SRI. R. J. BHUSARE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION,
M. S. BUILDING, DR. AMBEDKAR VEEDHI
BENGALURU-560001, REP BY ITS
PRINCIPAL SECRETARY
2. THE COMMISSIONER
COLLEGIATE EDUCATION,
PALACE ROAD, BENGALURU -560001
3. THE DIRECTOR
COLLEGIATE EDUCATION,
PALACE ROAD, BENGALURU -560001
4. THE REGIONAL JOINT DIRECTOR
COLLEGIATE EDUCATION,
KALABURAGI, GOVT FIRST GRADE COLLEGE
CAMPUS, KALABURAGI -585102
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WP No. 202787 of 2023
5. ACCOUTANT GENERAL (A AND E)
PARAK HOUSE ROAD, BENGALURU -560001
6. THE PRINCIPAL
SMT. V G WOMENS DEGREE COLLEGE,
AIWAN E SHAHI, KALABURAGI -585102
7. THE PRINCIPAL
S S MARAGOL DEGREE COLLEGE,
SHAHBAD, TQ CHITAPUR,
DIST : KALABURAGI -585228
8. THE PRINCIPAL MSI DEGREE COLLEGE
NEAR CHANDRASHEKHAR PATIL STADIUM
KALABURAGI -585102
9. THE PRINCIPAL
SBC AND SV COMMERCE COLLEGE,
HUMNABAD DIST: BIDAR -585330
10. THE PRINCIPAL
SP AND JMB DEGREE COLLEGE,
SHORAPUR DIST: YADGIR -585220
11. THE PRINCIPAL
C B PATIL DEGREE COLLEGE,
CHINCHOLI, DISTRICT: KALABURAGI -585307
12. THE PRINCIPAL
B B ROZA WOMENS COLLEGE,
DARGA ROAD, KALABURAGI -585102
...RESPONDENTS
(BY SRI. ARATI PATIL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,
A) QUASH THE OFFICIAL MEMORANDUM BEARING NO.
DCE/BUD/GEN/22/2022 DATED 22-02-2023 ISSUED BY THE
3RD RESPONDENT PRODUCED AT ANNEXURE-N.
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NC: 2024:KHC-K:8095
WP No. 202787 of 2023
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
(PER: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM)
Captioned petition is filed assailing the official
memorandum No. DCE/BUD/GEN/22/2022 dated
22.02.2023 issued by respondent No.3, evidenced at
Annexure-N.
2. Learned counsel for the petitioners placed
reliance on the judgment rendered by the Coordinate
Bench of this Court, wherein the impugned official
memorandum was the subject matter. He brought to the
notice of this Court that the Coordinate Bench, citing the
law laid down by the Apex Court in the case of State of
Punjab v. Rafiq Masih reported in AIR 2015 SC 696,
has quashed this official memorandum. Copy of the batch
of petitions decided by the Coordinate Bench is placed on
record.
NC: 2024:KHC-K:8095
3. On perusal of the order rendered by the
Coordinate Bench, this Court is of the view that since the
official memorandum dated 22.02.2023 is already quashed
by this Court, the captioned petition filed by the petitioner
in the case on hand, needs to be allowed on parity.
4. The principles laid down by the Apex Court in
the case of Rafiq Masih (Supra), are clearly applicable to
the case on hand. Coordinate Bench has adverted to the
principles laid down by the Apex Court and quashed the
official memorandum, evidenced at Annexure-N. In that
view of the matter, no further indulgence is warranted at
the hands of this Court.
5. Learned HCGP though intends to contest the
petition by filing statement of objections, this Court is of
the view that the judgment rendered in the identical case
has attained finality. For the reasons stated supra, this
Court passes the following order:
NC: 2024:KHC-K:8095
ORDER
i. Writ Petition is allowed.
ii. Official memorandum, evidenced at
Annexure-N is set aside.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
NJ
CT-SW
