The State Of Karnataka Vs Shree Basaveshwara Veerashaiva Vidya — Karnataka HC (2025) — LawSathi Research

The State Of Karnataka Vs Shree Basaveshwara Veerashaiva Vidya — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the writ appeal by the appellant-State challenging the learned Single Judge's direction (inclusion of teaching and non-teaching staff of respondent No.2 College in the salary grant w.e.f. 04.06.2010 and release of monetary benefits) should succeed and result in setting aside that order.

Court's answer

Having perused the learned Single Judge's order, in which the learned Single Judge took note of the rival contentions at paragraph No.10, recorded a clear finding and allowed the petition, this Court finds no error in the said finding and accordingly disposes of the writ appeal.

Key takeaways

Pending interlocutory applications (IAs), if any, stand disposed of in view of the disposal of the writ appeal.obiter¶60

Detailed headnote1 paragraphs

Writ Appeal (S-RES) No.WA 100003/2024, filed u/s 4 of the Karnataka High Court Act, 1961 by the State of Karnataka (with the Commissioner and Director, Technical Education) against the learned Single Judge's order dated 07.12.2022 in W.P.No.105373/2022 (printed as WP No.104965/2022 in the cause prayer) - which had allowed the writ petitions of respondent Nos.1 and 2 and directed inclusion of the teaching and non-teaching staff of the Industrial Production and Electronic and Communication Engineering Courses run by respondent No.2 College in the salary grant w.e.f. 04.06.2010 with release of monetary benefits, and consideration of six initially ineligible persons per proposal dated 04.02.2020 at Annexure-K. During the appeal's pendency the State complied with the direction: affidavit in CCC.No.100281/2023 enclosed G.O. No.ED 47 TEC 2024 dated 09.02.2024 sanctioning grant-in-aid to 29 teaching and non-teaching staff from 04.06.2010 while rejecting six non-teaching staff on qualification grounds; the Co-ordinate Bench deemed compliance substantial and dropped the contempt (order dated 14.02.2024, contentions left open); the contempt was later revived and closed afresh by order dated 22.08.2024 after a further compliance memo. Judgment (per Justice Vijaykumar A.Patil, bench with Justice S.Sunil Dutt Yadav): perusing the Single Judge's order, the Court found no error in his clear finding at paragraph No.10 and disposed of the writ appeal; pending IAs stand disposed. Decided 04.09.2025.

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NC: 2025:KHC-D:11337-DB WA No. 100003 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 4^TH DAY OF SEPTEMBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV

AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO. 100003 OF 2024 (S-RES)

BETWEEN:

THE STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL

CHIEF SECRETARY,

HIGHER EDUCATION DEPARTMENT COLLEGIATE,

M. S. BUILDING, DR. B. R. AMBEDKAR ROAD, BENGALURU-560001.

Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench

THE COMMISSIONER, DEPARTMENT OF TECHNICAL EDUCATION, PALACE ROAD,

BENGALURU-560001.

THE DIRECTOR, TECHNICAL EDUCATION DEPARTMENT, PALACE ROAD,

BENGALURU-560001.

…APPELLANTS

(BY SRI. V. S. KALASURMATH, AGA)

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AND:

SHREE BASAVESHWARA VEERASHAIVA VIDYA VARDHAKA SANGHA, REPRESENTED BY ITS CHAIRMAN, BAGALKOTE, BAGALKOTE DISTRICT.

THE PRINCIPAL, BASAVESHWARA ENGINEERING COLLEGE, AIDED, VIDYANAGAR, BAGALKOT-587102.

…RESPONDENTS

(NOTICE TO R1 AND R2 SERVED)

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE IMPUGNED ORDER DATED 07-12-2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN WP NO.104965/2022 (S-RES).

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

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ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)

This appeal is filed by the State challenging the order of the learned Single Judge dated 07.12.2022 passed in W.P.No.105373/2022 and connect matter (S-RES). The operative portion of the direction issued by the learned Single Judge reads as under:

“i. The writ petitions are allowed.

ii. The 1^st respondent is hereby directed to include the teaching and non-teaching staff working in the Industrial Production and Electronic and Communication Engineering Courses run by the 2^nd petitioner – College with salary grant w.e.f. 4.6.2010 and release the monetary benefits to the petitioners and in case six persons, who were initially found to be ineligible, the 1^st respondent to consider their case for extending the salary grant as per proposal dated 4.2.2020 submitted by the 3^rd respondent at Annexure-K. If the 1st respondent finds that the six persons are also entitled for salary grant, the 1^st respondent to release all the monetary benefits to the said six persons w.e.f. 4.6.2010.

iii. The said exercise shall be completed within four months from the date of receipt of certified copy of this order.”

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Learned AGA appearing for the appellant – State submits that the State has raised various contentions to challenge the order of the learned Single Judge. However, during the pendency of the appeal, the State complied with the direction issued by the learned Single Judge and the same was reported in contempt proceedings and accordingly, the contempt proceedings were closed. He submits that in view of the compliance with the order of the learned Single Judge by the appellant - State, he seeks to dispose of the appeal.

We have heard the arguments of the learned AGA and perused the material available on record.

The appellant - State filed an affidavit in CCC.No.100281/2023 and the contempt proceedings were closed by the Co-ordinate Bench vide order dated 14.02.2024. The relevant observations in the aforesaid order read as under:

“4. Today, affidavit dated 13.02.2024, of accused No.2 is filed enclosing three documents i.e., Annexure-R1 – Government Order No.ED 47 TEC 2024, Bengaluru, dated 09.02.2024, sanctioning grant-in-aid to 29 teaching and non-teaching staff from 04.06.2010 on certain terms and conditions and rejected the case of six

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non-teaching staff to admit them to grant stating that they do not possess the qualification as on that date. The said affidavit - 10 - NC: 2024:KHC-D:3475-DB CCC No.100281 of 2023 is taken on record. This Court, in its order dated 07.12.2022 has made it clear that if respondents find that if six persons are also entitled for salary grant, the 1st respondent to release all the monetary benefits to the said six persons w.e.f. 4.6.2010. In terms of the said order, discretion was vested with the respondents-accused to verify their entitlement. We are of the considered opinion that there is substantial compliance of the order of this Court. If the complainants are aggrieved, they are at liberty to challenge the said order before the appropriate forum. All contentions are kept open.

With the above, contempt proceedings dropped.”

It is brought to our notice that the said contempt proceedings were revived and further compliance memo was filed by the appellant after such revival and the same was placed on record and the Co-ordinate Bench vide order dated 22.08.2024 closed the contempt proceedings. We have also perused the order of the learned Single Judge. The learned Single Judge taking note of the rival contentions at paragraph No.10 has recorded a clear finding and allowed the petition. We

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do not find any error in the said finding. For the aforementioned

reasons, the writ appeal is disposed of.

In view of the disposal of the appeal, pending IAs, if any,

stands disposed of.

Sd/(S.SUNIL DUTT YADAV) JUDGE

Sd/(VIJAYKUMAR A.PATIL) JUDGE

ABK /CT-AN

List No.: 1 Sl No.: 10