Karnataka High Court
The State Of Karnataka vs Sri Prabhu Dev on 9 October, 2025
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WA No. 552 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
WRIT APPEAL NO. 552 OF 2025 (S-RES)
BETWEEN:
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY
DEPARTMENT SCHOOL EDUCATION AND LITERACY
M S BUILDING, BENGALURU -560 001.
2. THE COMMISSIONER
DEPARTMENT SCHOOL EDUCATION AND LITERACY
M S BUILDING, BENGALURU 560 001.
3. THE DIRECTOR (SECONDARY EDUCATION),
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY, NRUPATHUNGA ROAD,
Digitally BENGALURU 560 001.
signed by
VASANTHA
KUMARY B K 4. THE DEPUTY DIRECTOR
Location: SCHOOL EDUCATION AND
HIGH
COURT OF LITERACY DEPARTMENT (ADMINISTRATION)
KARNATAKA DEPARTMENT OF SCHOOL EDUCATION,
BENGALURU NORTH DISTRICT,
BENGALURU-560009.
5. THE BLOCK EDUCATION OFFICER
THE DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY, NORTH ZONE-2
MALLESHWARAM, BENGALURU 560 018.
...APPELLANTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA)
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AND:
1. SRI. PRABHU DEV
S/O SRI.RAMESHWARAPPA
AGED ABOUT 43 YEARS
WORKING AS SOCIAL SCIENCE TEACHER,
CHILDREN MEMORIAL HIGH SCHOOL,
MOHAN KUMAR NAGAR, YESHWANTHPUR
BENGALURU NORTH, BENGLAURU 560 022.
2. SMT GAYATHRI K S
W/O SRI. BASAVARAJ
AGED ABOUT 37 YEARS
WORKING AS SCIENCE TEACHER
CHILDREN MEMORIAL HIGH SCHOOL
MOHAN KUMAR NAGAR, YESHWANTHPUR
BENGALURU NORTH, BENGALURU 560 022.
3. SMT DEEPA H S
W/O UMESH CHANDRA
AGED ABOUT 34 YEARS
WORKING AS MATHS TEACHER
CHILDREN MEMORIAL HIGH SCHOOL
MOHAN KUMAR NAGAR, YESHWANTHPUR
BENGALURU NORTH,
BENGALURU 560 022.
4. SRI KOTRESH GOWDA
S/O SRI.SHIVANNE GOWDA
AGED ABOUT 38 YEARS
WORKING AS ENGLISH TEACHER
CHILDREN MEMORIAL HIGH SCHOOL
MOHAN KUMAR NAGAR, YESHWANTHPUR
BENGALURU NORTH, BENGALURU 560 022.
5. SRI MADHU H B
S/O SRI. BELURE GOWDA
AGED ABOUT 36 YEARS
WORKING AS PHYSICAL EDUCATION TEACHER
CHILDREN MEMORIAL HIGH SCHOOL
MOHAN KUMAR NAGAR, YESHWANTHPUR
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BENGALURU NORTH,
BENGALURU 560 022.
...RESPONDENTS
(BY SRI. VIJAYA RAGHAVA SARATHY H M., ADVOCATE FOR
R-1 TO R-5 IN WP 13034/2024;
SRI. M.S.PARTHASARTHY, ADVOCATE FOR RESPONDENT
IN WP 15034/2024)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THIS WRIT
APPEAL SET ASIDE THE ORDER DATED 24.07.2024 PASSED BY
THE LEARNED SINGLE JUDGE IN WP No-13034/2024 (S-RES)
C/W WP No-15034/2024 (EDN-RES).
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE RAJESH RAI K
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ appeal has been filed by the State
impugning the order dated 24.07.2025 passed in
W.P.Nos.13034/2024 (S-RES) c/w W.P.No.15034/2024
(EDN-RES). The operative portion of the said order would read
as follows :-
"(a) The petitions stand disposed of calling upon both
the Teachers and the Management to file necessary
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documents/service records with the DPIA for
verification of those documents.
(b) The DPIA shall consider these documents and
pass orders for release of salary grant before
31.12.2024.
(c) The DPIA is directed, upon receipt of a certified
copy of this order, to initiate procedure for
petitioner's allocation as against the vacancies if
available within the District, and otherwise, to
forward appropriate recommendations to the CDSE
for Teachers' allocation otherwise.
(d) The DPIA is directed to complete this exercise,
which shall be subject to verification of release of
grant-in-aid salary, expeditiously but on or before
31.12.2024.
(d) The Teachers are reserved with liberty to file a
certified copy of this Order with both the DPIA and
the CDSE for due compliance within four (4) weeks
from the date of receipt of a certified copy of this
Order.
(e) The DPIA is directed to verify and inform the
petitioners about the possible interim working
arrangement within a period of eight (8) weeks."
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2. Having considered the impugned order and the
submissions of learned counsel for the appellants, we are not
inclined to interfere with the impugned order of the learned
Single Judge.
3. However, we direct the State to issue notice to the
respondents herein for verification of their claims and also
summon the records from the concerned Department inasmuch
as the respondents were working in the Institution during the
grant-in-aid period, which is now closed from 2024-2025.
4. After verifying the credentials of the respondents, the
State Government should take appropriate steps for their
deployment, wherever there is a requirement of Teachers. The
said exercise must be concluded within a period of one month
from today.
5. For the period during which the respondents were
working and not paid, the State has to ensure payment of their
salary for the said period before the date when Institution was
closed.
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6. With the above observations, the instant writ appeal
stands disposed of.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(RAJESH RAI K)
JUDGE
NG
