The State of Karnataka Vs Sri Prabhu Dev — Karnataka HC (2025) — LawSathi Research

The State of Karnataka Vs Sri Prabhu Dev — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ appeal disposed of without interfering with the learned Single Judge's order; the State is directed to issue notice to the respondents, verify their claims and summon departmental records, deploy the verified respondents wherever Teachers are required concluding the exercise within one month, and ensure payment of their salary for the period they worked without pay before the Institution was closed.

Issue for consideration

Whether the Division Bench should interfere with the learned Single Judge's order disposing W.P.Nos.13034/2024 (S-RES) c/w W.P.No.15034/2024 (EDN-RES), which directed verification of the teachers' service records, release of grant-in-aid salary, and their allocation/deployment. +1 more

Court's answer

Having considered the impugned order and the submissions of learned counsel for the appellants, the Division Bench was not inclined to interfere with the learned Single Judge's order.

Ratio / Principle

The State is directed to issue notice to the respondents for verification of their claims and to summon the records from the concerned Department, the respondents having worked in the Institution during the grant-in-aid period, now closed from 2024-2025.

Key takeaways

After verifying the credentials of the respondents, the State Government shall take appropriate steps for their deployment wherever there is a requirement of Teachers; the said exercise must be concluded within a period of one month.ratio¶¶54
For the period during which the respondents were working and not paid, the State must ensure payment of their salary for that period before the date the Institution was closed.ratio¶¶55

Detailed headnote1 paragraphs

Writ Appeal (S-RES) under Section 4 of the Karnataka High Court Act by State education authorities (Secretary, Commissioner, Director (Secondary Education), Deputy Director and Block Education Officer, Department of School Education and Literacy) against the learned Single Judge's order disposing W.P.Nos.13034/2024 (S-RES) c/w W.P.No.15034/2024 (EDN-RES) concerning five teachers of Children Memorial High School, Yeshwanthpur, whose institution's grant-in-aid closed from 2024-2025. Division Bench (D K Singh and Rajesh Rai K, JJ.; judgment per D K Singh, J.) declined to interfere with the Single Judge's order and disposed of the appeal, directing the State to (i) issue notice to the teachers, verify their claims and summon the concerned Department's records, (ii) take steps to deploy the verified teachers wherever there is a requirement of Teachers, concluding the exercise within one month, and (iii) pay their salary for the period they worked without pay before the date the Institution was closed.

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NC: 2025:KHC:39945-DB WA No. 552 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF OCTOBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 552 OF 2025 (S-RES)

BETWEEN:

THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT SCHOOL EDUCATION AND LITERACY M S BUILDING, BENGALURU -560 001.

THE COMMISSIONER DEPARTMENT SCHOOL EDUCATION AND LITERACY M S BUILDING, BENGALURU 560 001.

Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

THE DIRECTOR (SECONDARY EDUCATION), DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NRUPATHUNGA ROAD, BENGALURU 560 001.

THE DEPUTY DIRECTOR SCHOOL EDUCATION AND LITERACY DEPARTMENT (ADMINISTRATION) DEPARTMENT OF SCHOOL EDUCATION, BENGALURU NORTH DISTRICT, BENGALURU-560009.

THE BLOCK EDUCATION OFFICER THE DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NORTH ZONE-2 MALLESHWARAM, BENGALURU 560 018.

…APPELLANTS

(BY SRI. MOHAMMED JAFFAR SHAH, AGA)

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AND:

SRI. PRABHU DEV S/O SRI.RAMESHWARAPPA AGED ABOUT 43 YEARS WORKING AS SOCIAL SCIENCE TEACHER, CHILDREN MEMORIAL HIGH SCHOOL, MOHAN KUMAR NAGAR, YESHWANTHPUR BENGALURU NORTH, BENGLAURU 560 022.

SMT GAYATHRI K S W/O SRI. BASAVARAJ AGED ABOUT 37 YEARS WORKING AS SCIENCE TEACHER CHILDREN MEMORIAL HIGH SCHOOL MOHAN KUMAR NAGAR, YESHWANTHPUR BENGALURU NORTH, BENGALURU 560 022.

SMT DEEPA H S W/O UMESH CHANDRA AGED ABOUT 34 YEARS WORKING AS MATHS TEACHER CHILDREN MEMORIAL HIGH SCHOOL MOHAN KUMAR NAGAR, YESHWANTHPUR BENGALURU NORTH, BENGALURU 560 022.

SRI KOTRESH GOWDA S/O SRI.SHIVANNE GOWDA AGED ABOUT 38 YEARS WORKING AS ENGLISH TEACHER CHILDREN MEMORIAL HIGH SCHOOL MOHAN KUMAR NAGAR, YESHWANTHPUR BENGALURU NORTH, BENGALURU 560 022.

SRI MADHU H B S/O SRI. BELURE GOWDA AGED ABOUT 36 YEARS WORKING AS PHYSICAL EDUCATION TEACHER CHILDREN MEMORIAL HIGH SCHOOL MOHAN KUMAR NAGAR, YESHWANTHPUR

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BENGALURU NORTH, BENGALURU 560 022.

…RESPONDENTS (BY SRI. VIJAYA RAGHAVA SARATHY H M., ADVOCATE FOR R-1 TO R-5 IN WP 13034/2024;

SRI. M.S.PARTHASARTHY, ADVOCATE FOR RESPONDENT IN WP 15034/2024)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THIS WRIT APPEAL SET ASIDE THE ORDER DATED 24.07.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-13034/2024 (S-RES) C/W WP No-15034/2024 (EDN-RES).

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

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present writ appeal has been filed by the State

impugning the order dated 24.07.2025 passed in W.P.Nos.13034/2024 (S-RES) c/w W.P.No.15034/2024 (EDN-RES). The operative portion of the said order would read as follows :-

"(a) The petitions stand disposed of calling upon both

the Teachers and the Management to file necessary

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documents/service records with the DPIA for verification of those documents.

(b) The DPIA shall consider these documents and pass orders for release of salary grant before 31.12.2024.

(c) The DPIA is directed, upon receipt of a certified copy of this order, to initiate procedure for petitioner's allocation as against the vacancies if available within the District, and otherwise, to forward appropriate recommendations to the CDSE for Teachers' allocation otherwise.

(d) The DPIA is directed to complete this exercise, which shall be subject to verification of release of grant-in-aid salary, expeditiously but on or before 31.12.2024.

(d) The Teachers are reserved with liberty to file a certified copy of this Order with both the DPIA and the CDSE for due compliance within four (4) weeks from the date of receipt of a certified copy of this Order.

(e) The DPIA is directed to verify and inform the petitioners about the possible interim working arrangement within a period of eight (8) weeks."

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Having considered the impugned order and the submissions of learned counsel for the appellants, we are not inclined to interfere with the impugned order of the learned Single Judge.

However, we direct the State to issue notice to the respondents herein for verification of their claims and also summon the records from the concerned Department inasmuch as the respondents were working in the Institution during the grant-in-aid period, which is now closed from 2024-2025.

After verifying the credentials of the respondents, the State Government should take appropriate steps for their deployment, wherever there is a requirement of Teachers. The said exercise must be concluded within a period of one month from today.

For the period during which the respondents were working and not paid, the State has to ensure payment of their salary for the said period before the date when Institution was closed.

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With the above observations, the instant writ appeal

stands disposed of.

Sd/(D K SINGH) JUDGE

Sd/(RAJESH RAI K) JUDGE

NG List No.: 1 Sl No.: 17