Suresha v. the Principal Secretary

Karnataka HC12 Aug 2025WP/101834/2025

Case brief

AI extract

What is this about?

Mandamus to consider citizen's representation; duty of authority to accept or reject representation within reasonable time; non-action on representation dated 30.11.2024 (Annexure-D); regularization of service as assistant professor; pecuniary and retiral benefits from 1994; teaching assistant; Commissioner Dept. of Collegiate Education; Principal Secretary Higher Education; Govt. First Grade College for Women Gandhad Kote Hassan; Article 226 and 227 Constitution of India; writ petition allowed; four weeks deadline; Karnataka HC Dharwad Bench; Suraj Govindaraj J.; 2025.

What did the court decide?

Writ petition allowed; mandamus directing respondent No.2 to consider the petitioner's representation dated 30.11.2024 (Annexure-D) and pass necessary orders within four weeks from the date of receipt of certified copy of the order. ¶¶36

Suresha Vs the Principal Secretary — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC-D:10142 WP No. 101834 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 12^TH DAY OF AUGUST, 2025 BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO.101834 OF 2025 (S-REG)

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BETWEEN:

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SURESHA S AGE. 38 YEARS, OCCUPATION TEACHING ASSISTANT, R/O. SRINAGAR, 2^ND CROSS, DHARWAD.

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…PETITIONER

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(BY SRI. B N MULIMANI, ADVOCATE)

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AND:

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THE PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, BENGALURU-560001.

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Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad

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THE COMMISSIONER, DEPT. OF COLLEGIATE EDUCATION, BENGALURU-560001.

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THE PRINCIPAL GOVT. FIRST GRADE COLLEGE FOR WOMEN GANDHAD KOTE, HASSAN.-573201.

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…RESPONDENTS

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(BY SRI. SHARAD V. MAGADUM, AGA)

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THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR IN NATURE OF ANY OTHER WRIT DIRECTING THE RESPONDENT NO. 2 TO PASS AN ORDER REGULARIZING THE PETITIONER’S SERVICE IN THE

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2 - NC: 2025:KHC-D:10142 WP No. 101834 of 2025

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HC-KAR

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RESPONDENTS’ COLLEGES S ASSISTANT PROFESSOR IN VIEW OF CONSIDERATION OF PETITIONER’S REPRESENTATION VIDE ANNEXURE D DATED 30.11.2024; ISSUE A WRIT IN THE NATURE OF MANDAMUS OR IN NATURE OF ANY OTHER WRIT DIRECTING THE RESPONDENT NO.2 CLAIM ALL THE PECUNIARY BENEFITS THAT GENERALLY ACCRUE TO THE REGULAR ASSISTANT PROFESSORS. THE RETIRAL BENEFITS TOO CAN BE GRANTED BY TAKING INTO CONSIDERATION THE PETITIONER SERIVCE RIGHT FROM 1994 TILL TODAY AND ETC.

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THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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The petitioner is before this Court seeking for the following reliefs:

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1. Issue a writ in the nature of Mandamus or in nature of any other writ directing the respondent no. 2 to pass an order regularizing the petitioner’s service in the respondents’ colleges s assistant professor in view of consideration of petitioner’s representation vide Annexure D dated 30.11.2024.

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2. Issue a writ in the nature of mandamus or in nature of any other writ directing the Respondent no.2 claim all the pecuniary benefits that generally accrue to the regular assistant professors. the retiral benefits too can be granted by taking into consideration the petitioner service right from 1994 till today.

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3. Pass such orders as this Hon’ble Court may deem fit in the facts and circumstances of the case as in duty bound the Petitioner shall ever pray an

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3 - NC: 2025:KHC-D:10142 WP No. 101834 of 2025

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HC-KAR

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act of kindness in the interest of justice and equity.

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The grievance of the petitioner is that the representation dated 30.11.2024 at Annexure-D submitted by the petitioner to respondent No.2 has not been acted upon and no order has been passed.

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Whenever any representation is submitted by a citizen to an authority, the authority is required to pass necessary orders on the representation either accepting or rejecting the representation within a reasonable period of time. Neither having been done, I pass the following:

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ORDER

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i. Writ petition is allowed .

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ii. A mandamus is issued directing respondent No.2 to consider the representation of the petitioner dated 30.11.2024 at Annexure-D and pass necessary orders within a period of

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NC: 2025:KHC-D:10142 WP No. 101834 of 2025

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HC-KAR

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four weeks from the date of receipt of certified copy of this order.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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CT:PA List No.: 2 Sl No.: 49