Citation : 2025 Latest Caselaw 9403 Kant
Judgement Date : 25 October, 2025
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WA No. 200048 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
WRIT APPEAL NO. 200048 OF 2023 (S-RES)
BETWEEN:
1. THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF LAW AND PARLIAMENTARY
AFFAIRS, VIDHANA SOUDHA,
BENGALURU- 01.
2. THE PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION,
M. S. BUILDING,
BENGALURU-560 001.
Digitally signed by
RAMESH
MATHAPATI 3. THE COMMISSIONER,
Location: HIGH DEPARTMENT OF COLLEGIATE EDUCATION,
COURT OF
KARNATAKA SHESHADRI ROAD,
BENGALURU-560 001.
4. THE REGIONAL JOINT DIRECTOR,
DEPARTMENT OF COLLEGIATE EDUCATION,
DHARWAD-580 001.
...PETITIONERS
(BY SRI. VIRANAGOUDA M. BIRADAR, AGA)
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AND:
1. SRI. SIDDARAMESH POLESHI
S/O NAGAPPA POLESHI,
AGED ABOUT: 55 YEARS,
OCC: ASSOCIATE PROFESSOR IN PHYSICS,
(DATE OF ENTRY INTO SERVICE: 16.08.1990)
2. SRI. SANGAYYA NIMBALGUNDI
S/O URAGAYYA NIBALGUNDI,
AGED ABOUT: 55 YEARS,
OCC: ASSOCIATE PROFESSOR IN PHYSICS,
(DATE OF ENTRY INTO SERVICE: 16.08.1990)
3. SRI. SHANTAYYA GURUMATH
S/O VEERASANGAYYA GURUMATH,
AGED ABOUT: 58 YEARS
OCC: ASSOCIATE PROFESSOR IN PHYSICS,
(DATE OF ENTRY INTO SERVICE: 16.08.1990)
4. SRI. ABDUL RAZAK BAGAWAN
S/O SHEKHSAIHED BAGAWAN,
AGED ABOUT: 58 YEARS
OCC: ASSOCIATE PROFESSOR IN CHEMISTRY,
(DATE OF ENTRY INTO SERVICE: 15.06.1993)
5. SRI. NINGANAGOUDA PATIL
S/O SIDDANGOUDA PATIL,
AGED ABOUT: 58 YEARS,
OCC: ASSOCIATE PROFESSOR IN STATISTICS,
(DATE OF ENTRY INTO SERVICE: 02.09.1991)
6. SRI. MAHADEV MANGAROOL
S/O VALLAPPA MANGAROOL,
AGED ABOUT: 64 YEARS,
OCC: ASSOCIATE PROFESSOR IN MATHEMATICS,
(DATE OF ENTRY INTO SERVICE: 15.06.1990)
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HC-KAR
7. SRI. SURESH BIDARKUNDI
NAGAPPA BIDARKUNDI
AGED ABOUT: 59 YEARS,
OCC: ASSOCIATE PROFESSOR IN STATISTICS
(DATE OF ENTRY INTO SERVICE: 01.08.1989)
8. SRI. MALLIKARJUNA BIRADAR
S/O ADIVAPPA BIRADAR,
AGED ABOUT: 58 YEARS,
OCC: ASSOCIATE PROFESSOR IN ENGLISH,
(DATE OF ENTRY INTO SERVICE: 16.06.1993)
9. SRI. MAHANTAYYA SALIMATH
S/O MALLAYYA SALIMATH,
AGED ABOUT: 62 YEARS
OCC: LAB ATTENDER,
R/O M.G.V.C ARTS, COMMERCE AND SCIENCE
COLLEGE, MUDDEBIHAL,
DIST. BIJAPUR. KARNATAKA.
(DATE OF ENTRY INTO SERVICE: 15.06.1991)
10. SRI. SHIVAYYA SHIVAYOGIMATH
S/O BASAYYA SHIVAYOGIMATH,
AGED ABOUT: 58 YEARS,
OCC: LAB ATTENDER,
(DATE OF ENTRY INTO SERVICE: 15.06.1991)
11. SRI. MANAPPA PATTAR
S/O DODDABASAPPA PATTAR,
AGED ABOUT: 58 YEARS,
OCC: LAB ATTENDER,
(DATE OF ENTRY INTO SERVICE: 15.06.1988)
12. SRI. MURTUZ NAIK S/O IMAM HUSAIN NAIK,
AGED ABOUT: 47 YEARS,
OCC: LAB ATTENDER,
(DATE OF ENTRY INTO SERVICE: 28.03.1995)
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13. SRI. SIDDARAMESH BIRADAR
S/O SHIVAPPA BIRADAR,
AGED ABOUT: 55 YEARS,
OCC: LAB ATTENDER,
(DATE OF ENTRY INTO SERVICE: 25.03.1995)
14. SRI. ANJANEYA SHIKHARI S/O BAPU SHIKHARI,
AGED ABOUT: 54 YEARS, OCC:LAB ATTENDER,
(DATE OF ENTRY INTO SERVICE: 15.06.1994)
ALL ARE WORKING AT
MGVC ARTC COMMERCE AND SCIENCE COLLEGE,
MUDDEBIHAL-586 245,
DIST-BIJAPURA, KARNATAKA.
...RESPONDENTS
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE
WRIT APPEAL, SET ASIDE THE ORDER OF THE LEARNED
SINGLE JUDGE DATED 05.11.2015 PASSED IN WRIT PETITION
NO.204935-948/2014 (S-RES) AND CONSEQUENTLY, DISMISS
THE WRIT APPEAL.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
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HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
Heard the learned Addl. Government Advocate for
the appellant-State.
2. The application in IA.No.2/2023 is filed for
condonation of delay of 1892 days in filing the appeal. The
impugned order dated 05.11.2015 has been passed after
hearing the learned Government Advocate appearing for
the respondent-State. It is stated in the affidavit that the
certified copies of the order was submitted to the Legal
Department on 09.01.2023. There is no explanation for
the period 2025 to 2023 as to why they have not taken
any steps. There is no any explanation for the delay of 10
years in filing the appeal. Even on the merits, the
impugned order has been by this Court on the basis of the
similar orders passed in W.P.Nos.112957-113040/2014,
W.P.Nos.113041-113050/2014 and W.P.Nos.108588-
108604/2015. The said order has not been challenged
NC: 2025:KHC-K:6267-DB
HC-KAR
even on the ground of delay as well as on merits. The writ
appeal requires to be dismissed.
Accordingly, the writ appeal is dismissed.
Sd/-
(H.T.NARENDRA PRASAD) JUDGE
Sd/-
(TYAGARAJA N. INAVALLY) JUDGE
MSR
CT: SB
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