[Cites 4, Cited by 0]
Karnataka High Court
D.S. Panchal vs The Government Of Karnataka on 1 December, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:16876
WP No. 106365 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF DECEMBER 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 106365 OF 2018 (S-RES)
BETWEEN:
1. D.S. PANCHAL
AGE:48 YEARS, OCC:ASSISTANT TEACHER
(SCIENCE PCM),
SHRI SHUKAMUNESHWAR HIGH SCHOOL,
GATTIGANUR, TQ:HUNAGUND,
DIST:BAGALKOT.
2. P.N.SULIBHAVI
AGE:50 YEARS,
OCC:ASSISTANT TEACHER (ARTS),
SHRI SHUKAMUNESHWAR HIGH SCHOOL,
GATTIGANUR, TQ:HUNAGUND,
DIST:BAGALKOT.
3. V. M. PATIL,
AGE: 49 YEARS, OCC: ASSISTANT TEACHER
(SCIENCE CBZ),
SHRI SHUKAMUNESHWAR
HIGH SCHOOL,
Digitally signed by GATTIGANUR, TQ:HUNAGUND,
VISHAL NINGAPPA
PATTIHAL DIST:BAGALKOT.
Location: High
Court of Karnataka,
Dharwad Bench, 4. A. B. JADHAV
Dharwad
AGE: 49 YEARS,
OCC: ASSISTANT TEACHER (HINDI),
SHRI SHUKAMUNESHWAR HIGH SCHOOL,
GATTIGANUR, TQ HUNAGUND,
DIST:BAGALKOT.
5. V.R.HIREMATH
AGE:41 YEARS,
OCC:ASSISTANT TEACHER (ENGLISH),
SHRI SHUKAMUNESHWAR HIGH SCHOOL,
GATTIGANUR, TQ:HUNAGUND,
DIST:BAGALKOT.
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6. P.B.PATIL
AGE:48 YEARS,
OCC:PHYSICAL EDUCATON TEACHER,
SHRI SHUKAMUNESHWAR HIGH SCHOOL,
GATTIGANUR, TQ:HUNAGUND,
DIST:BAGALKOT.
7. R.S.JALIHAL
AGE:46 YEARS,
OCC:DRAWING TEACHER
SHRI SHUKAMUNESHWAR HIGH SCHOOL,
GATTIGANUR, TQ:HUNAGUND,
DIST:BAGALKOT.
8. H.T.HOSAMANI
AGE:55 YEARS,
OCC:SECOND DIVISION ASSISTANT,
SHRI SHUKAMUNESHWAR HIGH SCHOOL,
GATTIGANUR, TQ:HUNAGUND,
DIST:BAGALKOT.
9. SANGAPPA BALAPPA GOUDAGERI
AGE:50 YEARS, OCC:PEON
SHRI SHUKAMUNESHWAR HIGH SCHOOL,
GATTIGANUR, TQ:HUNAGUND,
DIST:BAGALKOT.
10. H.A.HULLIKERI
AGE:52 YEARS,
OCC:ASSISTANT TEACHER (ARTS)
SHRI SEVALAL HIGH SCHOOL,
KAMATAGI, TQ:HUNAGUND,
DIST:BAGALKOT.
...PETITIONERS
(BY SRI. LAXMAN T MANTAGANI AND
SRI. N.J. APPANNAVAR, ADVOCATES)
AND:
1. THE GOVERNMENT OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION,
M.S.BUILDING, BANGALORE.
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2. COMMISSIONER FOR COLLEGIATE EDUCATON
PALACE ROAD, BANGALORE 560001.
3. THE DIRECTOR OF COLLEGIATE EDUCATION
PALACE ROAD, BANGALORE 560001.
4. THE JOINT DIRECTOR OF
COLLEGIATE EDUCATION,
MINI VIDHAN SOUDHAN,
DHARWAD.
5. THE HEAD MASTER
SHRI SHUKAMUNESHWAR HIGH SCHOOL,
GATTIGANUR, TQ:HUNAGUND,
DIST:BAGALKOT.
6. THE HEAD MASTER
SHRI SEVALAL HIGH SCHOOL,
KAMATAGI, TQ:HUNAGUND,
DIST:BAGALKOT.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R4;
R5 AND R6 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO:
a) DECLARE THE PROVISIONS OF SECTION
3(1) AND (2) OF THE KARNATAKA PRIVATE AIDED
EDUCATIONAL INSTITUTIONS EMPLOYEES (REGULATION OF
PAY, PENSION AND OTHER BENEFITS) ACT 2014 VIDE
ANNEXURE-"B" PASSED BY THE 1ST RESPONDENT AS
UNCONSTITUTIONAL AND CONSEQUENTLY STRUCK DOWN THE
SAID PROVISIONS AS ULTRA VIRUS OF THE CONSTITUTION OF
INDIA.
b) ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS EXTENDING THE SERVICE
BENEFITS AND MONITORY BENEFITS, TREATING THE
PETITIONERS WORKING IN PRIVATE AIDED EDUCATIONAL
INSTITUTIONS ON PAR WITH THE EMPLOYEES WORKING IN
GOVERNMENT INSTITUTIONS.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioners are before this Court seeking the
following prayer:
A. Declare the provisions of Section 3(1) and (2) of the
Karnataka Private Aided Educational Institutions
Employees (Regulation of Pay, Pension and other
Benefits) Act 2014 vide Annexure-"B" passed by the 1st
respondent as unconstitutional and consequently struck
down the said provisions as ultra virus of the
Constitution of India.
B. Issue a Writ of Mandamus directing the Respondents
extending the service benefits and monitory benefits,
treating the petitioners working in Private Aided
Educational Institutions on par with the employees
working in Government Institutions.
C. Issue any other order or directions as this Hon'ble court
deems fit, just and proper under the facts and
circumstances of the case and allow the petition with
exemplary costs, in interest of justice and equity.
2. Heard the learned counsel Sri. L.T. Mantagani and
Sri. N.J. Appannanavar appearing for the petitioners and the
learned HCGP Smt. Girija S. Hiremath for respondent Nos.1 to 4.
3. The petitioners, who are 10 in number claim that
they are similarly placed to that of those petitioners in Writ
Petition Nos.108588-108604/2015 disposed on 09.09.2015.
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4. Not only this order, there are plethora of orders
passed by the Co-ordinate benches accepting the claim of the
petitioners and the like.
5. The learned HCGP, though would refute the
submissions of the petitioners, is not in a position to dispute the
position of law as is considered by the Co-ordinate Bench.
6. In that light, I deem it appropriate to dispose the
petition with the same benefit that is granted by the Co-ordinate
Bench. The Co-ordinate Bench in Writ Petition Nos.108588-
108604/2015 has held as follows.
" Learned Government Advocate is directed to take notice
for the State-Respondent Authorities No. 1 to 4.
2. Heard the learned Counsel for the petitioners and the
learned Government Advocate.
3. The petitioners in these writ petitions are challenging the
constitutional validity of the provisions of Section 3(1) & (2) of
Karnataka Private Aided Education Institution Employees
(Regulation of Pay, Pension and other benefits) Act, 2014 as
assented by His Excellency the Governor of Karnataka on
11.02.2014 and published in the official Gazette on
12.02.2014.
4. The petitioners in the above petitions are Teaching and
Non-teaching staff in the respective aided institutions. They
claim before their respective Management for extension of their
service benefits and fixation of the pay from the date of
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entering into their services and for other consequential
benefits.
5. Similarly placed some of the teaching and non-teaching
staff have already approached this court in Writ Petition Nos.
14676/2001, 872/2004, 19431/2005 and 5145/2007. In fact,
this court has passed an order considering the said prayer of
the teaching and non-teaching staff and those writ petitions
were allowed. Questioning the said order in the said writ
petitions, the Government has preferred writ appeals before
this court in W.A. Nos.450/2007 and 848/2008. The said writ
appeals were also dismissed upholding the order of the learned
Single Judge. Special Leave Petitions were also preferred by the
Government of Karnataka in SLP Nos. 22176- 22186/2010 and
vide judgment dated 21.08.2013, the Hon'ble Apex Court has
also dismissed the said SLPs. After the disposal of the said
SLPs, the rights of the similarly placed teaching and non-
teaching staff were adjudicated and it reached finality. The
Government in order to over-come the said judgment of the
Hon'ble Apex Court, according to the petitioners, issued a fresh
notification, which is challenged before this court in the present
writ petitions.
6. This court had an occasion to deal with the similar matter
in Writ Petition No.21216/2014 and connected bunch of writ
petitions, in which, the court has considered in detail the order
passed in the earlier writ petitions and also the order passed in
the writ appeals as well as dismissal of the SLPs before the
Hon'ble Apex Court and ultimately, it quashed the Government
notification passed under Karnataka Act No.7/2014 viz.,
Karnataka Private Aided Educational Institutions Employees (
Regulation of Pay, Pension and other Benefits), Act 2014
(Karnataka Act No.7/2014), which is also challenged before this
court in these writ petitions. The said Act has been struck-down
as ultra vires and the Government was directed to comply with
the directions already issued by this court in earlier concluded
proceedings. The specific order passed by this court in the
above said writ petitions is as follows.
i) The Karnataka Private Aided Educational
Institutions Employees (Regulation of Pay, Pension and
other Benefits) Act, 2014 (Karnataka Act No.07/2014) is
hereby struck-down as ultravires of Constitution of India
as it is opposed to Article 14 of the Constitution of India
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and also encroaches upon the judicial powers of the
Courts as discussed herein above.
ii) Respondent- State shall continue to pay salary or
pension as the case may be, to petitioners and similarly
placed persons as was being paid pursuant to its earlier
orders or in other words, as it was being paid prior to
impugned enactment.
OR
The respondent-State shall comply with the directions
already issued by this Court extending the monetary
benefits and treating the petitioners working in Private
Aided Educational Institutions on par with the employees
working in Government Institutions.
iii) In the event of respondent-State having
recovered any amount/s pursuant to the impugned
enactment, same is hereby ordered to be refunded to the
respective petitioner/s by the State expeditiously, at any
rate within eight weeks from the date of receipt of a
certified copy of this order.
7. As these writ petitions are also involved similar set of
facts and circumstances and also the similar question of law,
there is no need for this court to once again deal with the same
in detail as the above said facts and legal aspects already been
dealt with by this court in the above said writ petitions.
Therefore, whatever the benefits that have been given to the
similarly placed teaching and non-teaching staff as that of the
petitioners, the same benefits have to be extended to the
petitioners also. Therefore, these writ petitions also deserve to
be allowed with the same observations made by this court in
earlier petitions in W.P. No. 21216/2014 and connected
matters.
8. In the result, the following order is passed:-
ORDER
i) The writ petitions are allowed.
ii) Respondent- State shall continue to pay salary or pension as
the case may be, to petitioners and similarly placed persons
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as was being paid pursuant to its earlier orders or in other
words, as it was being paid prior to impugned enactment.
OR
The respondent-State shall comply with the directions
already issued by this Court extending the monetary benefits
and treating the petitioners working in Private Aided
Educational Institutions on par with the employees working
in Government Institutions.
iii) In the event of respondent-State having recovered any
amount/s pursuant to the impugned enactment, same is
hereby ordered to be refunded to the respective
petitioner/s by the State expeditiously, at any rate within
eight weeks from the date of receipt of a certified copy of
this order.
iv) The respondent-State is directed to implement the order
passed by this court in the writ petitions cited supra and in
these writ petitions, as expeditiously as possible.
v) No order as to costs.
7. In view of the issue being covered by the aforesaid
order rendered by the Co-ordinate Bench of this Court, the
subject petition deserves to succeed.
Accordingly, the following:
ORDER
i. The writ petition is allowed.
ii. The respondent-State shall continue to pay salary or
pension as the case may be, to petitioners and
similarly placed persons as was being paid pursuant
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to its earlier orders or in other words, as it was being
paid prior to impugned enactment.
OR
The respondent-State shall comply with the directions
already issued by this Court extending the monetary
benefits and treating the petitioners working in
Private Aided Educational Institutions on par with the
employees working in Government Institutions.
iii) In the event of respondent-State having recovered
any amount/s pursuant to the impugned enactment,
same is hereby ordered to be refunded to the
respective petitioners by the State expeditiously, at
any rate within eight weeks from the date of receipt
of a certified copy of this order.
iv) The respondent-State is directed to implement the
order passed by this Court in the writ petitions cited
supra and in this writ petition, as expeditiously as
possible.
v) No order as to costs.
Sd/-
(M.NAGAPRASANNA)
JUDGE
Kmv
CT:ANB
