Karnataka High Court
Shri Salim S/O Maktumsab Iddalagi vs The State Of Karnataka on 16 October, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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WP No. 107603 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 16TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 107603 OF 2025 (S-R)
BETWEEN:
1. SHRI. SALIM S/O. MAKTUMSAB IDDALAGI,
AGE: 64 YEARS, OCC: RTD PROFESSOR
(ASSISTANT PROFESSOR) BASAVESHWAR
ENGINEERING COLLEGE, BAGALKOTE,
R/O 8TH CROSS VIDYAGIRI 32/1 BAGALKOTE.
2. SHRI. VINOD S/O. SHANKARRAO PURANIK,
AGE: 63 YEARS, OCC: PROFESSOR BASAVESHWAR
ENGINEERING COLLEGE (AIDED), BAGALKOTE,
R/O: ANUGRAHA PLOT NO. 13/2
12TH MAIN CROSS, VIDYAGIRI BAGALKOTE.
3. SHRI. SURESH S/O TOTAPPA DUNDUR,
AGE: 63 YEARS, OCC: PROFESSOR BASAVESHWAR
Digitally signed by
ENGINEERING COLLEGE (AIDED), BAGALKOTE,
RAKESH S R/O: ANUGRAHA PLOT NO. 13/2
HARIHAR
Location: High
12TH MAIN CROSS, VIDYAGIRI BAGALKOTE.
Court of
Karnataka,
Dharwad Bench, 4. SHRI. DAYANND S/O. GURULINGAYYA MALLAPUR,
Dharwad
AGE: 61 YEARS, OCC: RTD ASSISTANT PROFESSOR
(C.A.S) BASAVESHWAR ENGINEERING
COLLEGE(AIDED) BAGALKOTE,
R/O: GURUPREMA PLOT N O 3, P 81
17TH CROSS VIDYAGIRI, BAGALKOTE.
5. SHRI. BASAVAPRABHU
S/O. GURULINGAPPA SHEEPANALLI,
AGE: 62 YEARS, OCC: RTD C.A.S
PROFESSOR, BASAVESHWAR ENGINEERING
COLLEGE BAGALKOTE,
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R/O: ISHWAR KATAGERI NO 8, VEETHARAY BEHIND,
SHREE MANDIR KELAGERI ROAD, DHARWAD.
6. SHRI AMRESH S/O. PARAPPA NAGUR,
AGE: 63 YEARS, OCC: RETD FOREMAR
(E AND C DEPT)
(E AND C DEPT) BASAVESHWAR
ENGINEERING COLLEGE BAGALKOTE
R/O: NO AMARESHWARKRUPA, P.NO 34,
9TH CROSS, VIDYAGIRI, BAGALKOTE.
7. SHRI. SHEKHARAPPA S/O ANDANEPPA HALLUAR,
AGE: 62 YEARS, OCC. RETIRED FDA,
DEPT. OF ADMINISTRATION,
SHRI. BASAVESHWAR ENGINEERING COLLEGE
(AIDED), BAGALKOTE DIST: BAGALKOTE - 587 101,
R/O: NEAR AARADHANA HOTEL,
DAS BUILDING, OLD BUS STAND,
BAGALKOTE - 587 101.
8. SHRI SHASHIDHAR
S/O. SHIVASANGAPPA NADAVINAMANI,
AGE: 60 YEARS, OCC: ASST. INSTRUCTOR
SHRI BASAVESHWAR ENGINEERING COLLEGED
(AIDED), BAGALKOTE, DIST: BAGALKOTE - 587 101,
R/O: SECTOR NO.42 PLOT NO.151A
NAVANAGAR BAGALKOTE - 587 103.
9. SMT. SAROJINI BASATTEPPA KULLOLI
(AFTER MARRIAGE CALLED AS SMT. SARAOJINI
G. MAKARATIHAL) AGE: 60 YEARS,
OCC: ASSOCIATE PROFESSOR,
DEPARTMENT OF ELECTRONICS AND
COMMUNICATIONS,
R/O: M 56, 8TH CROSS, 3RD MAIN
SECTOR 63, A, NAVANAGAR, BAGALOTE - 587 103.
...PETITIONERS
(BY SRI. UMESH AINAPUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
MINISTRY OF LAW AND PARLIAMENTARY AFFAIRS,
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R/BY ITS SECRETARY,
VIDHAN SOUDHA, BENGALURU - 560 001.
2. THE STATE OF KARNATAKA,
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
HIGHEDR EDUCATION DEPARTMENT OF COLLEGIATE,
M. S. BUILDING, DR AMBEDKAR ROAD,
BENGALURU - 560 001.
3. THE COMMISSIONER FOR COLLEGIATE
AND TECHNICAL EDUCATION,
PALACE ROAD, BENGALURU - 560 001.
4. DIRECTOR OF TECHNICAL EDUCATION,
PALACE ROAD, BENGALURU - 560 001.
5. SHREE BASAVESHWARA VEERASHAIVA
VIDYAVADHAKA SANGHA,
REPRESENTED BY ITS CHAIRMAN,
BAGALKOT DISTRICT, BAGALKOT.
6. THE PRINCIPAL BASAVESHWAR
ENGINEERING COLLEGE (AIDED),
BAGALKOTE - 587101.
...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 TO R4;
SRI. G.K.HIREGOUDAR, ADVOCATE FOR R5 AND R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO 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
(KARNATAKA ACT 7 OF 2014) DATED 12/02/2014 MAPA 23 SHAK
VARSHA 1935 NO.115. VIDE ANNEXURE -F. PASSED BY THE 1ST
RESPONDENT AS UNCONSTITUTIONAL AND CONSEQUENTLY
STRUCK DOWN THE SAID PROVISIONS AS ULTRA-VIRUS OF THE
CONSTITUTION OF INDIA. ISSUE WRIT OF MANDAMUS DIRECTING
RESPONDENT NO.2 RELEASE PENSIONERY BENEFITS FROM THE
DATE OF INITIAL APPOINTMENT OF PETITIONERS AND ETC.,
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THIS WRT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioners are before this Court seeking for
the following relief:
i. 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
(Karnataka Act 7 of 2014) dated 12/02/2014
MAPA 23 SHAK VARSHA 1935 no.115. vide
Annexure -F. Passed by the 1st respondent as
unconstitutional and consequently struck down
the said provisions as ultra-virus of the
Constitution of India.
ii. Issue writ of mandamus directing respondent
no.2 release pensionery benefits from the date
of initial appointment of petitioners.
iii. Issue any other order or direction as this
Hon'ble court deem fit, just and proper under
the facts and circumstances of the case and
allow the petition with exemplary cost, in the
interest of justice and equity.
2. Learned counsel for the petitioners submits that
the petitioners are similarly situated like that of the
petitioners in Writ Petition No.100438 of 2023 and is
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therefore entitled to the same relief that is granted in the
said case.
3. Learned HCGP though would refute the
submission of the counsel to the petitioner, is not in a
position to dispute what is held by this Court. It was in fact
following the judgment of the Division Bench. This Court
has held as follows:
4. Learned counsel for the petitioner submits
that the issue in the lis is pending consideration before
the Division Bench for it having been answered in favour
of the Teachers. In an order passed in the case of Shri
Manjunath K.R. S/o. Late Krishnaraje Urs Vs. The
State of Karnataka and others in W.P. No.519/2021,
disposed of on 10th February 2021, noticing the fact that
the matter is pending consideration before the Division
Bench, this Court in identical circumstances has passed
the following order:
"2. The petitioner in the writ petition was
appointed as Lecture in Geography of a private
aided educational institution to teaching post. He
contend that his claim is covered in terms of order
dated 16.08.2010 passed in W.P. No.25447/2010,
order dated 22.09.2011 passed in
W.A.No.4788/2010, order dated 02.07.2012 passed
in Special Leave to Appeal (Civil) CC No.7365/2012,
the order dated 06.12.2012 passed by the Apex
Court in Review Petition (Civil) No.2364/2012,
Government Order dated 22.02.2013, the order
dated 30.07.2013 passed in W.P.Nos.11299-
11309/2013 and the order dated 16.07.2013
passed in W.P.Nos.29293-94/2013.
3. The learned Additional Government
Advocate appearing for the respondents-State
would accept that the matter is covered by the
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aforesaid judgments but submits that the matter is
pending before the learned Division Bench.
4. This Court in W.P. Nos.9623-24/2015
disposed of on 13.01.2016, while noticing the fact
of the pendency of writ appeal No.2476/2015, has
held as follows:
"4. But in order to overcome the
judgments of this Court, the State had
enacted the Karnataka Private Aided
Educational Institutions Employees
(Regulations of pay, pension and Other
Benefits) Act, 2014, thereby denying the
pay scale of University Grants Commission
for the period mentioned above. The said Act
was challenged by filing large numbers of
writ petitions. The writ petitions were
decided by common judgment in the case of
Dr. B.K. Naik (supra). By the said judgment,
this Court had struck down the Act as
unconstitutional. This Court had further
directed the Government to pay salary to
the petitioners therein, and to others
similarly situated persons, as was being paid
before the impugned enactment. Therefore,
the prayer of the petitioners before this
Court is to extend the benefits of said
judgment to them as well.
5. The learned counsel for the State
submits that the judgment dated 10-7-2015
passed in the case of Dr.B.K.Naik (supra)
has been challenged before a learned
Division Bench of this Court. The relevant
extract of the order dated 27-11-2015
passed by the learned Division Bench is as
under:
"Insofar as the in-service
respondents are concerned, we record
the statement of the learned
Advocate General that the State shall
go on paying their current emoluments
in terms of the re-fixation, subject,
however, to the result of the writ
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appeals. However, they are restrained
from initiating any recovery
proceedings for recovery of the
arrears of pay".
6. According to the said order, the
learned Division Bench has recorded the
statement of the learned Advocate General
that the State shall go on paying their
current emoluments in terms of the re-
fixation, subject to the result of the writ
appeals.
7. Considering the fact that the
learned Advocate General has made a
statement before the learned Division
Bench, and in the light of the judgment
passed in the case of Dr.B.K. Naik (supra),
this Court also directs the State to re-fix the
pay scale payable to the petitioners.
However, it should be made amply clear
that the re-fixation of the pay scale would
be subject to the decision of the writ
appeal pending before this Court in Writ
Appeal No.2476 of 2015."
5. Since the petitioner is similarly
situated and the issue raised is also similar, the
writ petition stands disposed in terms of the
aforesaid order passed by a Co-ordinate Bench
of this Court with a direction to consider the case
of the petitioner in accordance with law."
5. Further, in the case of Sri A.
Srikantegowda S/o. Appajigowda Vs. The State of
Karnataka in W.P. No.3443/2021, disposed off on 18th
February 2021, wherein this Court had disposed off the
petition by observing as follows:
"2. The petitioner in the writ petition was
appointed as a Lecturer on 17.06.1991, to a
teaching post in Sri. Sardar Vallabhabai Patel PU
College, a private aided educational institution. He
contends that the claim is covered in terms of order
dated 16.08.2010 passed in W.P. No.25447/2010,
order dated 22.09.2011 passed in
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W.A.No.4788/2010, order dated 02.07.2012 passed
in Special Leave to Appeal (Civil) CC No.7365/2012,
the order dated 06.12.2012 passed by the Apex
Court in Review Petition (Civil) No.2364/2012,
Government Order dated 22.02.2013, the order
dated 30.07.2013 passed in W.P.Nos.11299-
11309/2013 and the order dated 16.07.2013
passedin W.P.Nos.29293-94/2013.
3. The learned Additional Government
Advocate appearing for the respondents-State
would accept that the matter is covered by the
aforesaid judgments but submits that the matter is
pending before the learned Division Bench.
4. This Court in W.P. Nos.9623-24/2015
disposed of on 13.01.2016, while noticing the fact
of the pendency of writ appeal No.2476/2015,
has heldas follows:
"4. But in order to overcome the judgmentsof
this Court, the State had enacted the
Karnataka Private Aided Educational
Institutions Employees (Regulations of pay,
pension and Other Benefits) Act, 2014,
thereby denying the pay scale of University
Grants Commission for the period mentioned
above. The said Act was challenged by
filing large numbers of writ petitions. The
writ petitions were decided by common
judgment in the case of Dr.B.K. Naik
(supra). By the said judgment, this Court
had struck down the Act as unconstitutional.
This Court had further directed the
Government to pay salary to the petitioners
therein, and to others similarly situated
persons, as was being paid before the
impugned enactment. Therefore, the prayer
of the petitioners before this Court is to
extend the benefitsof said judgment to them
as well.
5. The learned counsel for the State
submits that the judgment dated 10-7-
2015 passed in the case of Dr.B.K.Naik
(supra) has been challenged before a learned
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Division Bench of this Court. The relevant
extract of the order dated 27-11- 2015
passed by the learned Division Bench is as
under:
"Insofar as the in-service respondents
are concerned, we record the
statement of the learned Advocate
General that the State shall go on
paying their current emoluments in
terms of the re-fixation, subject,
however, to the result of the writ
appeals. However, they are restrained
from initiating any recovery
proceedings for recovery of the
arrears of pay".
6. According to the said order, the
learned Division Bench has recorded the
statement of the learned Advocate General
that the State shall go on paying their
current emoluments in terms of the re-
fixation, subject to the result of the writ
appeals.
7. Considering the fact that the learned
Advocate General has made a statement
before the learned Division Bench, and in
the light of the judgment passed in the case
of Dr.B.K. Naik (supra), this Court also
directs the State to re-fix the pay scale
payable to the petitioners. However, it
should be made amply clear that the re-
fixation of the pay scale would be subject to
the decision of the writ appeal pending before
this Court in Writ Appeal No.2476 of 2015."
5. Since the petitioner is similarly
situated and the issue raised is also similar, the writ
petition stands disposed in terms of the aforesaid
order passed by a Co-ordinate Bench of this Court
with a direction to consider the case of the
petitioner in accordance with law."
6. Since the petitioner is similarly situated and
the issue is also similar, the writ petition would stand
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disposed off in terms of aforequoted orders with the
direction to the State to consider the case of the
petitioner in accordance with law.
4. Since the petitioners are similarly situated and
the issue is also similar, the writ petition would stand
disposed in terms of the aforequoted orders with the
direction to the State to consider the case of the petitioner
in accordance with law.
Sd/-
(M.NAGAPRASANNA)
JUDGE
VNP/CT-ASC
