[Cites 2, Cited by 0]
Karnataka High Court
Sri.M.K. Sujay vs State Of Karnataka on 18 February, 2026
Author: H T Narendra Prasad
Bench: H T Narendra Prasad
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NC: 2026:KHC:9961
WP No. 24775 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 24775 OF 2024 (S-RES)
BETWEEN:
SRI.M.K. SUJAY
S/O LATE M M KUSHALAPPA
AGED ABOUT 53 YEARS
R/AT THYAGATTUR VILLAGE
VALNUR POST, KUSHALNAGAR HOBLI
KODAGU DISTRICT-571234.
WORKING AS ENGLISH LECTURER
AT BHARATHI PRE-UNIVERSITY COLLEGE
MAGAGODU, MADIKERI TALUK
KODAGU DISTRICT 571201
...PETITIONER
(BY SRI. RANGANATHA S JOIS, ADVOCATE FOR
Digitally signed by
SRI. TEJASVI K V, ADVOCATE)
MALATHI
CHALUVA
IYENGAR AND:
Location: HIGH
COURTOF
KARNATAKA
1. STATE OF KARNATAKA
REP. BY THE SECRETARY TO GOVERNMENT
PRIMARY AND SECONDARY EDUCATION
EDUCATION DEPARTMENT
M S BUILDING, BENGALURU.
2. SECRETARY
BHARTHI PRE-UNIVERSITY COLLEGE
MARGODU, KODAGU DISTRICT-571252
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WP No. 24775 of 2024
HC-KAR
3. DEPUTY DIRECTOR
PRE-UNIVERSITY EDUCATION DEPARTMENT
AND PROFESSIONAL EDUCATION DEPARTMENT
KODAGU DISTRICT, MADIKERI-571201.
4. DIRECTOR
PRE-UNIVERSITY EDUCATION DEPARTMENT
PALACE ROAD, BENGALURU-560012.
5. COMMISSIONER
PRE-UNIVERSITY EDUCATION DEPARTMENT
PALACE ROAD, BENGALURU-560012.
6. JOINT DIRECTOR
SCHOOL EDUCATION DEPARTMENT
PRE UNIVERSITY, BENGALURU-12
...RESPONDENTS
(BY SRI. G RAMESH NAIK, AGA FOR R1 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE
WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS
TO GRANT THE PETITIONER GRANT-IN-AID WITH
RETROSPECTIVE EFFECT FROM THE DATE OF HIS ELIGIBILITY
AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
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WP No. 24775 of 2024
HC-KAR
ORAL ORDER
1. In this writ petition, the petitioner has called in
question the endorsement dated 19.05.2024 issued by
respondent No.4 (Annexure-A), whereby the proposal
sent by the respondent-Management seeking approval
of grant-in-aid in respect of the petitioner's post has
been rejected.
2. The case of the petitioner is that he was appointed
as a Lecturer in English at respondent No.2-Bharathi
Composite P.U. College, Margodu, Kodagu District - on
03.07.1994. The said institution is an aided college. The
petitioner's appointment was approved; however, he
was not admitted to grant-in-aid. Subsequently, the
Management submitted a proposal to the concerned
Department seeking admission of the petitioner to
grant-in-aid. The same was not considered. Repeated
proposals were thereafter submitted. Pursuant to the
proposals sent by the Management, the Joint Director
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submitted a report dated 28.08.2023 (Annexure-ZK).
Thereafter, respondent No.4 issued the impugned
endorsement rejecting the request to admit the
petitioner's post to grant-in-aid on the ground that there
was no adequate student strength in the college. Being
aggrieved, the present petition is filed.
3. Learned Additional Government Advocate has filed
statement of objection contending that the appointment
of the petitioner was not in accordance with law and he
was not qualified to be appointed as an English Lecturer
in the respondent No.2-Institution.
4. Heard the learned counsel for the parties. Perused
the impugned endorsement.
5. Upon perusal of the impugned endorsement, it is
evident that, except stating that there is no adequate
student strength in the college, no other reasons are
assigned regarding the petitioner's eligibility or the
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validity of his appointment, while rejecting the proposal.
The impugned endorsement is passed without
application of mind and it is not a speaking order. On
this ground alone, the impugned endorsement is liable
to be quashed. The matter requires reconsideration.
Accordingly, the following order is passed:
ORDER
a) Writ petition is disposed of.
b) The impugned endorsement dated
19.05.2024 issued by respondent No.4 at
Annexure-A, is quashed.
c) The petitioner is permitted to submit
additional representation enclosing all
necessary documents to establish his case
within two weeks from the date of receipt of
the certified copy of this order.
d) Respondent Nos.3 to 5 are directed to
consider the proposal sent by the respondent-
Management and also the additional
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representation furnished by the petitioner
along with all necessary documents, in
accordance with law, and pass appropriate
orders within two weeks from date of
submitting the additional representation by
the petitioner.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
DM
LIST NO.: 1 SL NO.: 42
