The State of Karnataka Represented by Its Principle Secretary Education Dept M S Building Bengaluru Vs Sayeed M Mulla

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NC: 2025:KHC-D:9659-DB WP No. 104829 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4^TH DAY OF AUGUST 2025 PRESENT

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THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 104829 OF 2022 (S-KAT)

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BETWEEN:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPLE SECRETARY, EDUCATION DEPARTMENT, M.S. BUILDING, BENGALURU-01.

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THE ADDITIONAL COMMISSIONER FOR PUBLIC INSTRUCTION, RODDA ROAD, DIET CAMPUS, DHARWAD-580 008.

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THE COMMISSIONER OF PUBLIC INSTRUCTION, K.R. CIRCLE BENGALURU-560 001.

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YASHAVANT NARAYANKAR

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Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DHARWAD DISTRICT, DHARWAD-580 001.

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…PETITIONERS

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(BY SRI. G.K. HIREGOUDAR, AGA)

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AND:

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SMT. SAYEED M. MULLA, W/O. ILIYAS AHMAD KHAZAPUR, AGE: 47 YEARS, WORKING AS PRIMARY SCHOOL ASSISTANT TEACHER, (GENERAL TEACHER) GOVERNMENT HIGHER PRIMARY URDU SCHOOL, GOODSHED ROAD, HUBBALLI, R/A #44, NEELAGUND RESIDENCY, BINDAL, HUBBALLI-580028.

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HC-KAR

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SRI. RAJENDRA GOUDA B. MARIGOUDAR, S/O. BASANAGOWDA, AGED 42 YEARS, PRIMARY SCHOOL ASSISTANT TEACHER, PRESENTLY WORKING AS CRP, HIREGUNJAL, TALUK: KUNDAGOLA, DISTRICT: DHARWAD, R/A PLOT NO.53, RS NO.55, LAKAMANA RAJATAGERI, DHARWAD-580004.

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SMT. RAZIYA BEGAUM MULLA, W/O. SHOUKAT ALI LAMBOONAVAR, AGED 44 YEARS, WORKING AS PRIMARY SCHOOL ASSISTANT TEACHER, (KANNADA GENERAL), GOVERNMENT HIGHER PRIMARY SCHOOL, KANAKANAKURAHATTI, TALUK: KUNDAGOLA, DISTRICT: DHARWAD, RESIDING AT POST: ROTTIGAWADA, TALUK: KUNDAGOL, DISTRICT: DHARWAD-581195.

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SMT. NIRMALA G. NAGAVVANAVAR, D/O. GANAPATHI NAGAVVANAVAR, AGED 43 YEARS, WORKING AS PRIMARY SCHOOL ASSISTANT TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, HIREGUNJAL, TALUK: KUNDAGOL-581 113, DISTRICT: DHARWAD, R/A: TALAWAR ONI, DHARWAD.

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SRI. BADARINARAYANA V. SHEERAVALA, AGED MAJOR, ASSISTANT TEACHER (HINDI) GOVERNMENT HIGH SCHOOL, HOLIKOTI-580 118, DHARWAD RURAL, DISTRICT: DHARWAD.

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SMT. S.H. AAJJEE, AGED MAJOR, SECONDARY SCHOOL ASSISTANT TEACHER (HINDI) GOVERNMENT HIGHER SCHOOL, HOLIKOTI-580 118, DHARWAD RURAL, DISTRICT: DHARWAD.

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SRI. RAVI KELAGERI, AGED MAJOR, SECONDARY SCHOOL ASSISTANT TEACHER (HINDI) GOVERNMENT HIGH SCHOOL, CHILAKAWADA, TALUK: NAVALAGUNDA-582208, DISTRICT: DHARWAD.

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HC-KAR

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SRI. BASAVARAJ NAIKAR, AGED MAJOR, SECONDARY SCHOOL ASSISTANT TEACHER (HINDI), GOVERNMENT HIGH SCHOOL, IBRAHIMPURA, TALUK: NAVALAGUNDA-582208, DISTRICT: DHARWAD.

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SMT. S.A. PATIL, AGED MAJOR, SECONDARY SCHOOL ASSISTANT TEACHER (HINDI), GOVERNMENT HIGH SCHOOL, SANGAMESHWARA-415 611, TALUK: KALAGHATAGI, DISTRICT: DHARWAD.

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SMT. A.A. HUNAGUNDA, AGED MAJOR, SECONDARY SCHOOL ASSISTANT TEACHER (HINDI), GOVERNMENT PU COLLEGE, (HIGH SCHOOL SECTION), SHALAWADI-583 208, TALUK: NAVALAGUNDA, DISTRICT: DHARWAD.

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SMT. SUVARNA CHANDRAKANTH EATI, AGED MAJOR, SECONDARY SCHOOL ASSISTANT TEACHER (HINDI), GOVERNMENT HIGH SCHOOL, YALIVALA-581 113, TALUK: KUNDAGOLA, DISTRICT: DHARWAD.

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…RESPONDENTS

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(BY SRI. SUNIL S. DESAI, ADVOCATE FOR R1-R4; NOTICE TO R5-R11 IS SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO THE IMPUGNED FINAL ORDER DATED 19.08.2021 PASSED IN APPLICATION NOS.12363 TO 12366/2020 BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI AS PER ANNEXURE-A. AND SET-ASIDE THE SAME AS PERVERSE AND ILLEGAL; ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION SETTING ASIDE THE IMPUGNED ORDER DATED 19.08.2021 PASSED IN APPLICATION NOS.12363 TO 12366, ON THE FILE OF THE HON’BLE A KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI AS PER ANNEXURE-A AND ETC.

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

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NC: 2025:KHC-D:9659-DB WP No. 104829 of 2022

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HC-KAR

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CORAM: THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

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(PER: THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

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The petitioners have filed the present petition impugning the order dated 19.08.2021 passed by the Karnataka State Administrative Tribunal (KSAT) in application No.12363-12366/2020. Respondents-who are teachers of Primary school had filed the aforesaid applications claiming that certain other teachers have been promoted to the cadre of Secondary school Assistant Master, GradeII-Language Assistant, even though, the said persons were junior to them in the primary school cadre.

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The learned KSAT rejected the said application on the ground that the promotion of any primary school teacher to the post of Secondary School Assistant Master Grade-II had been held to be untenable in another matter. Since, the persons who had been promoted to the Secondary School Assistant Master, Grade-II in respect of which the petitioners who are aggrieved, had already been relegated, the KSAT also rejected the petitioners' claim for promotion.

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The learned KSAT has also set out the extract of its decision rendered in the connected matter decided on 12.05.2021.

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NC: 2025:KHC-D:9659-DB WP No. 104829 of 2022

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HC-KAR

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The relevant extract as culled out in the impugned order, is set out

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below:-

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……… “5. In view of the said submission it is required to be consider that the challenge made by the applicants with regard to promotion to the post of Secondary School Assistants by considering the respondent Nos.5 to 11 do not arise in view of the decision rendered by this Tribunal in A.Nos.34433503/2020 and connected matters decided on 12.05.2021, in which at para No.21 held as follows.

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"21. In view of the discussions above,

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we are of the considered view that the applications succeeds and we pass the following order.

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1. No promotions shall be effected to the cadre of Secondary schools Assistant master grade 2 cadre from the seniority list of primary school teacher for class 1-5 Cadre since it is not a successor cadre to the erstwhile primary School Assistant Master cadre and any promotion made from the primary school teacher for class 1-5 Cadre to posts in the secondary schools Assistant master grade-2 Cadre shall be rescinded with immediate effect after giving them a notice to this effect.

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2. It is held that the Graduate Primary teachers for class 6-8 Cadre is the

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HC-KAR

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successor feeder cadre to the erstwhile / earlier cadre of primary school Assistant master cadre in the C&R Rules relating to promotions to the Secondary schools Assistant master grade - 2 Cadre and hence until the C&R Rules are formally amended, promotions to the secondary schools Assistant master grade -2 Cadre shall only be effected from the Graduate Primary teacher for class 6-8 Cadre in respect of promotions as a successor to the erstwhile / earlier primary school Assistant teacher cadre.

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3. The respondent State is at liberty to amend the C&R Rules including providing a quota for primary school teacher for class 1-5 akin to the nursery school teachers, as considered fit and proper, with regard to the promotion of persons from identified feeder cadres to the secondary school Assistant master grade - 2 cadre.

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4. Since 'primary school teacher for 1- 5' and 'graduate primary teacher for class 6-8′ constitute distinct cadres, seniority lists require to be distinct for the two cadres and the relevant seniority list for promotion to the secondary schools Assistant master group-2 Cadre in this regard is the seniority of the Higher Primary teacher for class 6-8 Cadre.

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HC-KAR

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5. This issue addressed in this judgment is concerning every district of the State and therefore this order applies to every district in the State where promotions are proposed to effected to the cadre of Secondary schools Assistant Masters Grade-2 Cadre after the 2017 rules have come into force.

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6. As regards the applications in the cases herein, the respondent State / competent authority shall consider the promotion of the applicants to vacant posts in the cadre of Secondary School Assistant Master Grade-2, if they are otherwise eligible under the C&R Rules. Compliance to be within three months from the date of this order.”

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Clearly, if none of the teachers in the primary school cadre are entitled for promotion to the Secondary School Assistant Master Grade-II, the respondents could have no grievance. As noted above, petitioners grievance was related to certain teachers who were junior to them being promoted to the said cadre. Since, the Tribunal has directed their promotion to be rescinded, the grievance articulated by the petitioners would not survive.

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However, the respondent-State had preferred an appeal against the order dated 12.05.2021 passed by the KSAT in

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HC-KAR

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application No.3443-3503/2020 being W.P.No.11088/2022 clubbed with writ petition No.16936/2021 and 18205/2021.

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During the course of the said proceedings, it was contended on behalf of the State that it was reviewing the C & R Rules and it also placed the draft of the amendment to the Karnataka Education Department Services(Department of Public Instructions)(Recruitment)(Amendment) Rules, 2024 on record. It is stated that in view of the said amendment, some quota would be available for promoting primary school teachers to the Secondary school Grade. In the aforesaid context, it is contended on behalf of the State that it would not be apposite to review the promotions of those teachers who have already been granted promotion, pending implementation of the amended Rules. The said contention was accepted and writ petition filed by the State was disposed of with the observation that the direction issued by the Tribunal (in para 21.1 of the order dated 12.05.2021, which is reproduced above) would be carried out on finalization of the C & R Rules.

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Paragraph Nos.4 and 5 of the order dated 31.08.2024 passed in W.P.No.11088/2022 and other connected petitions are reproduced below.

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“4. Learned AAG would further submit that before finalization of C & R Rules, which is published on 28.8.2024, if the review of

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HC-KAR

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promotion takes place as directed, it would lead to an anomalous position. Hence, he prays for time to implement direction at Para21.1 issued by the Tribunal till Draft Rules published under Notification dated 28.8.2024 is finalized.

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5. The request of the learned AAG appears to be reasonable. Hence, we permit the Government to review the promotion as directed under Para-21.1 after finalization of C & R Rules published under Notification dated 28.8.2024. On finalization of C & R Rules, the direction issued by the Tribunal under Para21.1 shall be carried out. Accordingly, writ petitions stand disposed off.

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In view of the above, interlocutory application and memos filed for dispensation in W.P.Nos.16936/2021 and 18205/2021 would no more survive for consideration.”

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In view of the above, those primary school teachers who have been granted promotion to the post of the Secondary School Assistant Master, Grade-II are continuing to function on their post pending implementation of the C & R Rules. The question whether respondents would be entitled to continue in the said post is a matter that would be required to be considered by the respondents at the stage of implementing the amended C & R Rules.

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We consider it apposite to dispose of the present writ petition with the above said directions.

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HC-KAR

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We are also of the view that the time line for implementation of the C & R Rules cannot be left open. In view of the above, we also direct the State to take a final view on the amendment of the C & R Rules and its implementation as expeditiously as possible, preferably within a period of six months from today.

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The writ petition is disposed of in the aforesaid terms.

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Sd/(VIBHU BAKHRU) CHIEF JUSTICE

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Sd/(C.M. POONACHA) JUDGE

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HMB

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List No.: 1 Sl No.: 3

The State of Karnataka Represented by Its Principle Secretary Education Dept M S Building Bengaluru v. Sayeed M Mulla

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The State of Karnataka Represented by Its Principle Secretary Education Dept M S Building Bengaluru v. Sayeed M Mulla

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