Mahanthesha Gurappa Gedageri S/O Gurappa Gedageri Vs the State of Karnataka

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1 - NC: 2025:KHC-D:16495 WP No. 103877 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26^TH DAY OF NOVEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103877 OF 2023 (S-RES)

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BETWEEN:

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MAHANTHESHA GURAPPA GEDAGERI S/O. GURAPPA GEDAGERI. AGE. 42 YEARS, D GROUP EMPLOYEE, WORKING AT SHRI RENUKADEVI HIGH SCHOOL HOLE-ALURU TQ. RON, DIST. GADAG – 582 209.

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SANGAPPA NAGAPPA SANGAM, AGE. 43 YEARS, D GROUP EMPLOYEE WORKING AT SHRI RENUKADEVI HIGH SCHOOL HOLE-ALURU TQ. RON, DIST. GADAG – 582 209.

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DANDAPPA DODDAHAVALAPPA MADARA S/O DODDAHAVALAPPA AGE. 50 YEARS, D GROUP EMPLOYEE WORKING AT SHRI KATIBHASAVESHWARA SEVA SANGHA HIGH SCHOOL MAADALAGERI TQ. RON, DIST. GADAG – 582 209.

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Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad

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ANWAR ALI M MULLA W/O MAKTUMA SAHEB, AGE. 45 YEARS, D GROUP EMPLOYEE, WORKING AT HAZARAT NIZAMUDDIN URDU MEDIUM HIGH SCHOOL, NIZAMUDDIN COLONY, MADIHAL ROAD, DHARWAD – 580 001.

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MANJUNATH N HALIYAL S/O. NAGAPPA, AGE. 43 YEARS, D GROUP EMPLOYEE WORKING AT SIGNESHWARA HIGH SCHOOL VIDYANAGAR, TQ. HUBBALI, DIST.DHARWAD – 580 001.

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HUSENSAHAB DAVALASAHAB KOLKARA S/O. DAVALSAHAB KOLKARA, AGE. 39 YEARS,

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HC-KAR

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D GROUP EMPLOYEE, WORKING AT GOWTHAMA HIGH SCHOOL, NAVAYODHAYANAGAR OLD HUBBALLI, TQ. HUBBALI, DIST.DHARWAD – 580 024.

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MOHAMMADSAHAB DAVALASAHAB AROGERI S/O. DAVALASAHAB AROGERI, AGE. 43 YEARS, D GROUP EMPLOYEE, WORKING AT CITY RESHMI KANNADA HIGH SCHOOL, KESHWAPUR, TQ. HUBBALI, DIST.DHARWAD-580 023

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SHEKHAT ALI N MULLANAVAR S/O. NABIB SAHAB, AGE. 44 YEARS, D GROUP EMPLOYEE, WORKING AT RESHMI AL MILAADD URDU HIGH SCHOOL, KESHWAPURA, TQ. HUBBALI, DIST.DHARWAD – 23.

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BHEEMAPPA GANGAPPA GADAKARI, AGE. 40 YEARS, D GROUP EMPLOYEE, WORKING AT VIVESHWARAIAH, HIGH SCHOOL HIDAKAL DAM, TQ. HUKKERI, DIST. CHIKKODI – 591 309.

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BHASHEER AHMED SATTAR ATTAR S/O. ABDUL SATTAR, AGE. 46 YEARS, D GROUP EMPLOYEE, WORKING AT VIVESHWARAIAH, HIGH SCHOOL HIDAKAL DAM, TQ. HUKKERI, DIST CHIKKODI – 591 309.

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MARUTHI KUMANA PATIL S/O. KUMANA PATIL, AGE. 46 YEARS, D GROUP EMPLOYEE, WORKING AT GHATAPRABHA HIGH SCHOOL, SALAMWADI, TQ. HUKKERI, DIST. CHIKKODI – 591 309.

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PARASHURAM J VAGGANNAVAR S/O. VAGGANNAVAR, AGE. 43 YEARS, D GROUP EMPLOYEE, WORKING AT CHINTHAMANI PAVATE HIGH SCHOOL, MAMADAPURA, TQ. HUKERI, DIST. CHIKKODI – 591 309.

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KRISHNA HEMALU LAMBANI S/O. HEMALU LAMBANI,

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HC-KAR

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AGE. 50 YEARS, D GROUP EMPLOYEE, WORKING AT CHANNVRISHABHENDRA AIDED HIGH SCHOOL HARUGERI TQ. RAIBAG, DIST:CHIKKODI – 591 220.

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MAHANTESH DHARAMAPAP VADDAR S/O. DHARMAPPA ETAGI, AGE. 37 YEARS, D GROUP EMPLOYEE, WORKING AT SHREE SIDDESHWARAR HIGH SCHOOL, HOSURU, BADAMT (TQ), BAGALKOTE DISTRICT – 587 101.

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MYTHRA TAKAPPA PUJARA W/O. HANUMANTHA, AGE. 45 YEARS, D GROUP EMPLOYEE, WORKING AT SHREE KANCHANESHWARI HIGH SCHOOL, GULEDAGUDDA BADAMT (TQ), BAGALKOTE DISTRICT – 587 205.

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D.H.LAMANI D/O. DEEGAPPA LAMANI, AGE. 50 YEARS, D GROUP EMPLOYEE, WORKING AT SARASWATHI BANJARA HIGH SCHOOL, SOOLEBHAVI HUNAGUNDA TALUK BAGALKOTE DISTRICT- 587 101.

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SHIVAPPA VALAPPA NAYAK S/O. VALAPPA NAYAK, AGE. 45 YEARS, D GROUP EMPLOYEE, WORKING AT SEVALAL HIGH SCHOOL, KAMATAGI HUNAGUNDA TALUK BAGALKOTE DISTRICT – 587 101.

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KOMANNA KUBAPPA LAMANI S/O. LATE KUBAPPA LAMANI, AGE. 48 YEARS, D GROUP EMPLOYEE, WORKING AT SEVALAL HIGH SCHOOL, KAMATAGI HUNAGUNDA TALUK BAGALKOTE DISTRICT – 587 101.

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ARJUNAPPA SUBBANNA LAMANI, AGE. 49 YEARS, D GROUP EMPLOYEE, WORKING AT SEVALAL HIGH SCHOOL, KAMATAGI HUNAGUNDA TALUK BAGALKOTE DISTRICT – 587 101.

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HC-KAR

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VIJAYKUMAR YESHAPPA S/O. YESHAPPA, AGE. 44 YEARS, D GROUP EMPLOYEE, WORKING AT SHERMAN KANNADA HIGH SCHOOL, BELAGAVI, DIST. BELAGAVI – 590 001.

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SUREHS MALLAPPA KAMBLE S/O. MALLAPPA KAMBLE, AGE. 42 YEARS, D GROUP EMPLOYEE, WORKING AT SHRI JOMALINGESHWAR HIGH SCHOOL, DEVAGIRI, TQ. DIST. BELAGAVI – 590 001.

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BASAPPA DURGAPPA HARIJAN S/O DURGAPPA, AGE. 45 YEARS, D GROUP EMPLOYEE, WORKING AT HOSA HIGH SCHOOL CHANNAMMANA KHITTOR, BAILAHONGAL, BELAGAVI – 590 001.

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…PETITIONERS

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(BY SRI. H. C. SUNDARESH, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, RPTD. BY ITS PRINCIPAL SECRETARY, (PRIMARY AND SECONDARY EDUCATION) M.S.BUILDING, BENGALURU-560 001.

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THE ADDITIONAL COMMISSIONER OF PUBLIC INSTURCTIONS DEPT OF PUBLIC INSTUCTIONS, RODDA ROAD, DHARWAD, DHARWAD DISTRICT – 580 007.

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THE DEPUTY DIRECTOR PUBLIC INSTRUCTIONS, DEPARTMENT PUBLIC INSTRUCTION, GADAG DISTRICT GADAG – 582 103.

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THE DEPUTY DIRECTOR PUBLIC INSTRUCTIONS, DEPARTMENT PUBLIC INSTRUCTION DHARWAD DISTRICT, DHARWD 580001.

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, DEPARTMENT OF PUBLIC INSTRUCTION, CHIKKODI DISTRICT, CHIKKODI – 591 201.

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, DEPARTMENT PUBLIC INSTRUCTION, BAGALKOTE DISTRICT, BAGALKOTE – 587 103.

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, DEPARTMENT PUBLIC INSTRUCTION, BELAGAVI DISTRICT, BELAGAVI 590019.

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DEPARTMENT PUBLIC INSTRUCTION VIJAYAPURA DISTRICT VIJAYAPURA – 586 101.

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THE BLOCK EDUCATIONAL OFFICER, DEPT OF PUBLIC INSTRUCTIONS, RONA TALUK, GADAG DISTRICT – 582 120.

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THE BLOCK EDUCATIONAL OFFICER, DEPT OF PUBLIC INSTRUCTIONS, DHARWAD TALUK, DHARWAD DISTRICT – 581 205.

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THE BLOCK EDUCATIONAL OFFICER, DEPT OF PUBLIC INSTRUCTIONS, HUBBALI TALUK, DHARWAD DISTRICT – 580 020.

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THE BLOCK EDUCATIONAL OFFICER, DEPT OF PUBLIC INSTRUCTIONS, HUKKERI TALUK, CHIKKODI DISTRICT – 591 201.

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THE BLOCK EDUCATIONAL OFFICER, DEPT OF PUBLIC INSTRUCTIONS, RAIBAG TALUK, CHIKKODI DISTRICT 591 317.

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THE BLOCK EDUCATIONAL OFFICER, DEPT OF PUBLIC INSTRUCTIONS, BADAMI TALUK, BAGALKOTE DISTRICT – 587 201.

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THE BLOCK EDUCATIONAL OFFICER, DEPT OF PUBLIC INSTRUCTIONS, HUNUGUNDA TALUK, BAGALKOTE DISTRICT – 587 118.

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HC-KAR

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THE BLOCK EDUCATIOINAL OFFICER, DEPT OF PUBLIC INSTRUCTIONS, BELAGAVI TALUK, BELAGAVI DISTRICT – 590 019.

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THE BLOCK EDUCATIONAL OFFICER, DEPT OF PUBLIC INSTRUCTIONS, BAILHONGAL TALUK, BELAGAVI DISTRICT – 591 102.

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THE BLOCK EDUCATIONAL OFFICER, DEPT OF PUBLIC INSTRUCTIONS, INDI TALUK, VIJAYAPURA DISTRICT – 586 102.

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THE SECRETARY, SHRI KANTIBASAVESHWARA SEVA SANGH (R), ABBIGERI RONA TALUK, GADAG – 582 209.

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THE SECRETARY, SHRI RENUKADEVI SC / ST EDUCATION SOCIETY (R), HOLE-ALUR, RON TALUK, GADAG DISTRICT – 582 209.

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THE SECRETARY, THE HINDUSTAN EDUCATIONAL AND CULTRAL SOCIETY (R) DHARWAD – 580 001.

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THE SECRETARY, RESHMI KALYANA AND SHAIKSHANIKA SOCIETY (R) KESHVAPURA HUBBALLI,

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DIST. DHARWAD – 580 001.

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THE SECRETARY, DR.B.R.AMBEDKAR EDUCATION SOCIETY (R) AYODYANAGAR, OLD HUBBALLI, DHARWAD – 580 023.

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THE SECRETARY, RESHMI KALYANA AND EDUCATIONAL SOCIETY (R), KESHWAPUR, HUBBALLI TALUK DHARWAD – 580 023.

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HC-KAR

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THE SECRETARY, SRI. VIGNESHWARA VIDYAVARTHAKA SOCIETY (R) VIJAYANAGAR, HUBBALLI, DHARWAD – 580 023.

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THE SECRETARY, BHARATHARATNA DR. AMBEDKAR INSTITUTION OF EDUCATION AND SOCIAL DEVELOPMENT SULTANPURA, TQ. HUKKERI,

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DIST. CHIKKODI.

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THE SECRETARY, SRI CHANNAVARUSHABHENDRA EDUCATIONAL SOCIETY (R) HARURAGERI, TQ. RAIBAG, DIST. CHIKKODI – 591 220.

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THE SECRETARY, SRI. SARASWATHI BANCHARA EDUCATIONAL SOCIETY (R) AMINAGAD, HUNUGUNDA, DIST. BAGALKOT-587124.

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THE SECRETARY, SRI. KANCHANESHWARI VIDYAVARDAKA SAMASTHE ALIAS KATAGERI, BADAMI (TQ) BAGALKOTE DISTRICT – 587 205.

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THE SECRETARY, SHRI HUCHESHWARA VIDYA SAMSTHE, RAGAPURA, HOSURU POST, BADAMI TALUK, BAGALKOTE – 587 120.

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THE SECRETARY, HUNUGUNDA TALUK BANJARA VIDYAVARTHAKA SANGAH GAMATHAGI TQ. HUNUGUNDA, DIST. BAGALKOT – 587 120.

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THE SECRETARY, HUNUGUNDA TALUK BANJARA VIDYAVARTHAKA SANGAH GAMATHAGI TQ. HUNUGUNDA, DIST. BAGALKOT – 587 120.

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THE SECRETARY, METHODIST EDUCATIONAL INSTITUTION METHODIST CHURCH IN INDIA, SOUTH INDIA REGIONAL CONFERENCE, BELAGAVI – 590 016.

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THE SECRETARY, SHIVASHARAN NULIY CHANDAYY EDUCATION SOCIETY, KITTUR, BAILHONGAL, BELAGAVI – 591 115.

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THE SECRETARY, SOUTH MAHARASHTRA, SHIKSHANA MANDALI, BELAGAVI DISTRICT – 590 001.

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THE SECRETARY, DR. B.R. AMBEDKAR HARIJANS EDUCATION SOCIETY MUCHANDI, BELAGAVI – 590 010.

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THE SECRETARY, SHRI SHANTESHWARA VIDYAVATHAKA SOCIETY, INDI TALUK, VIJAYAPURA – 586 209.

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…RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R18; R19 TO R37 ARE SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 AND 2 TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONERS DATED 19-10-2022 AS PER ANNEXURE-J FOR ADMITTING THEIR POST FOR GRANT IN AID AS PER THE GOVERNMENT ORDER BEARING NO. DATED. 20-01-2014 BEARING NO.ED 29 S.E.P.2021 AS PER ANNEXURE-A AND ALSO AS PER LIST FURNISHED BY THE 2ND RESPONDENT ALONG WITH COVERING LETTER BEARING NO. G8.SHASHIA.D.GUMPU.50.2013-14 DATED. 11-01-2018, THE PETITIONERS NAME ARE SHOWN IN THE LIST AT SL.NO. 2, 3, 4, 11, 112 13, 14, 15, 15(C), 15(D), 15(E), 16, 17, 21, 24, 27, 29, 30, 31, 32, 33 AND 35 AS PER ANNEXURE-F AND ETC.,

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

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

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The petitioners are before this Court seeking the

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following prayer:

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A. Issue writ in the nature of Mandamus directing the Respondent Nos.1 and 2 to consider the representation filed by the petitioners dated 19.10.2022 as per Annexure-J for admitting their post for grant-in-aid as per the Government Order dated. 20.01.2014 bearing No.ED 29 S.E.P.2011 as per Annexure-A and also as per list furnished by the 2^nd respondent along with covering letter bearing No.G8.SHASHIA.D.GUMPU.50.2013-14 dated 11-01-2018, the petitioners name are shown in the list at Sl.No.2, 3, 4, 11, 112 13, 14, 15, 15(C), 15(D), 15(E), 16, 17, 21, 24, 27, 29, 30, 31, 32, 33 and 35 as per Annexure-F.

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B. Declare that the Government Notification No.ED 8 SEP 2015 Bengaluru dated 26-09-2017 introducing Karnataka Educational Institutions (Recruitment and terms and conditions of service of Employees in PRIVATE aided Primary and Secondary Educational Institutions) (amendment) Rules, 2017 as per Annexure-G providing appointment of Non teaching services in the aided high school through outsource basis is only a prospective in nature and not applicable to the D group employees appointed in the aided high schools prior to 02-02-2000, as per clarification issued by the 1st respondent dated 07.12.2021 as per Annexure-H.

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C. Pass such other order or direction as this Hon’ble Court deems fit on the fact circumstances of the case in the interest of justice and equity.

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HC-KAR

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The learned counsel for the petitioners submits that the issue in the lis stands answered by what is rendered by the Co-ordinate Bench in identical circumstances.

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Learned HCGP would not dispute the position of law as is considered by the Co-ordinate bench.

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In the light of the said circumstance, I deem it appropriate to dispose of the subject petition following the judgment rendered by the Co-ordinate Bench in Writ Petition No.11857/2022 disposed off on 10.08.2022, wherein it has held as follows:

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“Petitioner No.2 who is the employee of the Institution being managed by petitioner No.1 has sought for issuance of writ of certiorari to set aside the communication dated 26.04.2022 at Annexure-Q and has also sought for issuance of writ of mandamus directing the respondents to consider the proposal submitted by respondent No.3 as per Annexures-M and V for admitting grant-in-aid for the post of 'D' group relating to petitioner No.1.

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Petitioner No.2 submits that she has been working in Group 'D' post since 1998. It is further submitted that petitioner No.1 - Society after obtaining permission from the concerned department had issued notification for selection of 'D' group employees and petitioner No.2 having participated in the recruitment process has been selected. Petitioner No.2 submits that she had sought for admitting her post for grant-in-aid. Said request of the petitioner was turned down as per the endorsement at Annexure-Q whereby it is stated that the case of the petitioner may be considered for being

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taken on outsource basis in light of the government notification dated 26.09.2017.

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Petitioner submits that as the amended Rules of the Karnataka Educational Institutions (Recruitment and Terms and Conditions of Service of Employees in Private Aided Primary and Secondary Educational Institutions) (Amendment) Rules, 2017 are prospective in nature, the case of the petitioner is to be considered without reference to the said Rules as per legal entitlement. Reliance is placed on the clarification of the Government dated 07.12.2021. It is further submitted that in terms of the clarification issued, the petitioner's name has been forwarded by respondent No.3 as per Annexure-V dated 25.05.2022 and accordingly, the petitioner has assailed the endorsement at Annexure-Q.

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Perused the documents relied on by the petitioner.

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It is clear as per Annexure-S that the post of 'D' group workers being admitted to grant-in-aid can be considered dehors the notification dated 26.09.2017 if such 'D' group workers have been working prior to the amendment made to the Rules.

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Taking note of the clarification at Annexure-S and also the letter addressed by the 3rd respondent as per Annexure-V annexing the list wherein petitioner's name is found at Sl. No.1053, subject to the rider in the clarification of 07.12.2021 if the petitioner fulfils the relevant criteria including seniority in the said Institution, the request of the petitioner as noted in the recommendation at Annexure-V is to be considered by respondent No.1 and necessary order to be passed. Such consideration to be concluded within a period of 3 months from the date of petitioner furnishing certified copy of this order to respondent No.1. The endorsement at Annexure-Q is set aside in light of the clarification at Annexure-S.

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