[Cites 3, Cited by 0]
Karnataka High Court
Smt. Manjula. H.N vs State Of Karnataka on 16 March, 2026
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2026:KHC:15418
WP No. 19446 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 19446 OF 2023 (S-RES)
BETWEEN:
SMT. MANJULA. H.N.,
D/O NARASIMAHAIH
AGED 48 YEARS
R/AT SAJJE HOSAHALLI VILLAGE
DODDERI HOBLI
MADHUGIRI TALUK
TUMKURU DISTRICT 572132
PRESENT WORKING AS
HINDI TEACHER
AT SRI AMBEDKAR SANIVASA
HIGH SCHOOL, SIDDANABETTA
NEGILALA POST 572 129.
KORATAGERE TALUK
TUMUKRU DISTRICT.
...PETITIONER
Digitally signed (BY SRI. R. SUBRAMANYA, FOR
by CHANDANA SRI. B.R. RAGHAVENDRA, ADVOCATES)
BM
Location: High
Court of AND:
Karnataka
1. STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY
(PRIMARY AND SECONDRY
DEPARTMENTOF EDUCATION
M S BUILDING, BENGALURU - 560 001.
2. THE COMMISSIONER
DEPARTMENT OF PUBLIC INSTRUCTION
NRUPATHUNGA ROAD, BENGALURU - 560 001.
3. DEPUTY DIRECTOR
DEPARTMENT OF PUBLIC INSTURCTION
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NC: 2026:KHC:15418
WP No. 19446 of 2023
HC-KAR
MADHUGIRI EDUCATION DISTICT
MAHDUGIRI, TUMKURU DISTRICT 572 132.
4. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYATH, TUMKURU - 572 101.
5. BLOCK EDUCATION OFFICER
KORATAGERE, TUMKURU DISTRICT 572 129.
6. THE SECRETARY
DR B R AMBEDKAR MEMORIAL
EDUCATION SOCIETY (R)
OFFICE AT RATHNA RANJITHA NILAYA
HINDUPUR ROAD,
MADHUGIRI TOWN, TUMURU DISTRICT 572 132.
...RESPONDENTS
(BY SRI. G. RAMESH NAIK, AGA FOR R-1 TO R-3 & R-5
R-4 & R-6 ARE SERVED)
THIS W.P IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICE
MEMORANDUM DTD 20/09/2021 VIDE NO. ANU1/KA SHA SHI NE
ANU/23/2020-21, ISSUED BY THE R-3 PRODUCED AT ANNEXURE-A23 TO
THE WP AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
"1. Issue a writ or direction in the nature of certiorari or any
other writ by way of quashing the Official Memorandum
dated 20.09.202 vide No.anu1/ka sha shi ne
anu/23/2020-21, issued by the respondent No.3
produced at Annexure-A23 to the writ petition.
2. Direct the respondent No.1 to 5 to approve the post of
the petitioner extend the grand in aid in view of the
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judgment of this Hon'ble Court dated 22.04.2022
produced as per Annexure-A-28 to the writ petition.
3. Direct the respondents to extend the grant -in-aid to the
petitioner within a stipulated period of two months.
4. Pass grant such other relief/s as this Hon'ble Court may
deems fit in the circumstances of the case including the
cost of proceedings in the interest of justice and equity."
2. Heard learned counsel for the petitioner, learned AGA
for respondent Nos.1, 3 and 5 and perused the material on record.
3. Learned counsel for the petitioner invited my attention
to the order passed by the Hon'ble Division Bench in the case of
Sri. Dayanand Malage and others Vs. The State of Karnataka
and others - W.P.No.13326/2020 C/w. W.P.Nos.13327/2020,
13328/2020 and 13329/2020 dated 22.04.2022 (Annexure-A28), in
order to contend that the impugned Official Memorandum dated
20.09.2021 deserves to be set aside the matter may be remitted
back to respondent No.3 for reconsideration afresh, bearing in
mind Annexure-A28 as well as Annexure-A27, within a stipulated
timeframe, which are the proceedings of the State Government
dated 05.11.1980 and in accordance with law.
4. The said submission is placed on record.
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5. Per contra, learned AGA submits that there is no merit
in the petition and that the same is liable to be dismissed.
6. A perusal of the impugned Official Memorandum at
Annexure-A23 will indicate that the same was passed/issued prior
to the aforesaid order at Annexure-A28 passed by the Hon'ble
Division in relation to identically situated persons. It is needless to
state that at the time of issuing the impugned Official Memorandum
at Annexure-A23, the said judgment was not passed by this Court.
Under these circumstances, without expressing any opinion on the
merits/demerits of the rival contentions, the impugned Official
Memorandum at Annexure-A23 deserves to be set aside and
matter may be remitted back to respondent No.3 for
reconsideration of the claim of the petitioner, in accordance with
law, bearing in mind Annexures-A27 and A28, within a period of
three months from the date of receipt of a copy of this order.
7. In the result, I pass the following:
ORDER
(i) The petition is allowed.
(ii) The impugned Official Memorandum dated 20.09.2021
issued by respondent No.3 vide Annexure-A23 is hereby set aside.
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(iii) The matter is remitted back to respondent No.3 for
reconsideration of the claim of the petitioner afresh, in accordance
with law bearing in mind Annexures-A27 and A28, within a period
of three months from the date of receipt of a copy of this order.
(iv) Liberty is reserved in favour of petitioner to submit
additional documents, pleadings etc., before respondent No.3, who
shall consider the same and proceed further, in accordance with
law.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BMC
List No.: 1 Sl No.: 35
