Citation : 2026 Latest Caselaw 2038 Kant
Judgement Date : 9 March, 2026
-1-
NC: 2026:KHC-K:2234
WP No. 202900 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 202900 OF 2025 (S-RES)
BETWEEN:
MAHANANDA W/O BHIMASHANKAR,
AGE: 36 YEARS, OCC: HEAD COOK,
R/O JANIWAR VILLAGE, TQ. JEWARAGI,
DIST. KALABURAGI-585310.
...PETITIONER
(BY SRI. MAHANTESH PATIL, ADVOCATE)
AND:
1. THE EXECUTIVE OFFICER,
TALUK PANCHAYAT, JEWARAGI,
Digitally signed by DIST. KALABURAGI-585310.
SWETA KULKARNI
Location: HIGH
COURT OF 2. PANCHAYAT DEVELOPMENT OFFICER,
KARNATAKA
GRAM PANCHAYAT, KALAHANGARAGA,
TQ. JEWARAGI, DIST. KALABURAGI 585310.
3. BLOCK EDUCATION OFFICER (BEO),
JEWARAGI, DIST. KALABURAGI-585310.
4. HEAD MASTER,
GOVERNMENT HIGHER PRIMARY SCHOOL,
JANIWAR VILLAGE, TQ. JEWARAGI,
DIST. KALABURAGI-585310.
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NC: 2026:KHC-K:2234
WP No. 202900 of 2025
HC-KAR
5. SMT. MAMATA W/O SIDDU SHARMA,
AGE: MAJOR, OCC: NOT KNOWN,
R/O JANIWAR VILLAGE, TQ.JEWARAGI,
DIST. KALABURAGI-585310.
...RESPONDENTS
(BY SRI VIRANAGOUDA M. BIRADAR, AGA FOR R3 TO R4;
SRI B. BHIMASHANKAR, ADVOCATE FOR R5;
NOTICE TO R1 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO -A)
ISSUE A WRIT IN NATURE OF CERTIOARAI TO QUASH THE
IMPUGNED ORDER BEG NO.
¸ÀASÉå:vÁ/¥ÀAeÉÃ/CzÁAiÉÆÃ/C.¹./£ÉÃ.C.ªÉÆÃ/PÀÄjvÀÄ/2025-26/871 DATED 18/19-09-
2025 PASSED BY RESPONDENT NO.1, VIDE ANNEXURE-F. B)
ISSUE A WRIT OF MANDAMUS OR ORDER DIRECTING THE
RESPONDENT NO.1 TO REINSTATE THE PETITIONER INTO
SERVICE AS HEAD COOK GOVERNMENT HIGHER PRIMARY
SCHOOL, JANIWAR VILLAGE, TALUK JEWARAGI, DIST
KALABURAGI. C) PASS SUCH OTHER ORDERS OR DIRECTIONS
AS THIS HON'BLE COURT DEEMS JUST AND PROPER UNDER
THE FACTS AND CIRCUMSTANCES OF THE CASE AND ALLOW
THIS WRIT PETITION.
THIS PETITION, COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. This writ petition is filed under Articles 226 & 227
of the Constitution of India, seeking for the following reliefs:
(a) Issue a writ in the nature of certiorari to quash the impugned order bearing No¸ÀASÉå:vÁ/¥ÀAeÉÃ/CzÁAiÉÆÃ/C.¹./
£ÉÃ.C.ªÉÆÃ/PÀÄjvÀÄ/2025-26/871 dated 18/19-09-2025 passed by
NC: 2026:KHC-K:2234
HC-KAR
respondent No.1 vide Annexure-Fm, in the interest of justice and equity;
(b) Issue a writ of mandamus or order directing the respondent No.1 to reinstate the petitioner into service as Head Cook at Government Higher Primary School, Janiwar village, taluk Jewaragi, district Kalaburagi, in the interest of justice and equity;
(c) Pass such other orders or directions as this Hon'ble Court deems just and proper under the facts and circumstances of the case and allow this writ petition, in the interest of justice.
2. Heard the learned counsels for the parties.
3. The petitioner who was elected as member of
respondent No.2-Gram Panchayat was appointed as a Head
Cook at Government Higher Primary School, Janiwar village
under the resolution dated 11.10.2022 passed by the Gram
Panchayat, Kallahangaraga. Subsequently, the petitioner had
resigned as a member of Gram Panchayat, Kallahangarga.
Thereafter, an appointment order was issued to the
petitioner on 19.10.2022 appointing the petitioner as Head
Cook of the aforesaid school. Subsequently, based on the
complaint submitted by the respondent No.5, the respondent
No.1 had passed an order terminating the petitioner from
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HC-KAR
services and appointed respondent No.5 who was one of the
applicant for the post of Head Cook in the aforesaid school.
Aggrieved by the same, the petitioner is before this Court.
4 Perusal of the material on record would go to
show that, the petitioner who was a member of the Gram
Panchayat had participated in the appointment proceedings
of the Head Cook to the aforesaid school and she was also a
signatory to the resolution, wherein, it was decided to
appoint the petitioner as a Head Cook in the Government
Higher Primary School, Janiwar village. Subsequent to the
aforesaid resolution, the petitioner had submitted her
resignation to her post of member of the Gram Panchayat.
5. The respondent No.1 upon the complaint of
respondent No.5 having found that, the petitioner had
participated in the meeting of the Gram Panchayat in her
capacity as a member of the Gram Panchayat and was a
party to the resolution passed by the Panchayat appointing
the petitioner to the post of Head Cook of the aforesaid
school, has passed the impugned order rejecting the
NC: 2026:KHC-K:2234
HC-KAR
proposal received from the Gram Panchayat for confirmation
of petitioner's appointment to the post of Head Cook of the
aforesaid school and to her place, respondent No.5 has been
appointed.
6. The material on record would go to show that, the
respondent No.5 had in the meanwhile approached the office
of the Lokayukta who in turn had directed the respondent
No.1 to hold an enquiry and pass appropriate orders
regarding appointment to the post of Head Cook in the
Government Higher Primary School, Janiwar village.
7. Under the circumstances, I do not find any
illegality or irregularity in the impugned order passed by the
respondent No.1. Therefore, this writ petition lacks merits
and the same is accordingly dismissed.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE
Svh/-
List No.: 1 Sl No.: 38 Ct:pk
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