Disposed¶37

Smt. Asha a v. the State of Karnataka

Karnataka HC8 Sept 2025WP/13903/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 13903 of 2025 (S-RES); decided 08-09-2025 by H.T. Narendra Prasad, J.; compassionate appointment; approval of appointment challenged; impugned order held to be official communication between two authorities; maintainability objection; liberty to approach competent authority under Karnataka Education Act, 1983; writ petition disposed; petitioner Smt. Asha A; respondent Smt. Mamtha Y.B.; Shivamogga; BEO letter dated 05.02.2025 Annexure-V.

What did the court decide?

Liberty reserved to the petitioner to approach the competent authority under the Karnataka Education Act, 1983. ¶37

Smt. Asha a Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:35205 WP No. 13903 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13903 OF 2025 (S-RES)

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BETWEEN:

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SMT. ASHA A D/O. LATE ANANDAPPA. B C/O. MOHAN. D. N AGED ABOUT 39 YEARS R/O. H. H. ROAD, GURUPURA-577 203 VIDYANAGARA POST, SHIVAMOGGA.

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…PETITIONER

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(BY SRI. SIDDARAMAIAH V B., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PRIMARY AND HIGHER EDUCATION M.S. BUILDING, DR. B. R. AMBEDKAR VEEDHI BENGALURU-560 001.

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THE COMMISSIONER

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Digitally signed by 2. THE COMMISSIONER HEMALATHA A DEPARTMENT OF PUBLIC INSTRUCTIONS Location: HIGH NRUPATHUNGA ROAD COURTOF KARNATAKA K.R. CIRCLE, BENGALURU-560 001.

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THE DIRECTOR (HIGH SCHOOL) OFFICE OF THE COMMISSIONER DEPARTMENT OF SCHOOL EDUCATION NRUPATHUNGA ROAD K.R. CIRCLE,BENGALURU-560 001.

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (DDPI) DEPARTMENT OF SCHOOL EDUCATION

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2 - NC: 2025:KHC:35205 WP No. 13903 of 2025

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HC-KAR

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B.H. ROAD, SHIVAMOGGA DISTRICT SHIVAMOGGA-577 201.

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THE BLOCK EDUCATION OFFICER (BEO) DEPARTMENT OF PUBLIC INSTRUCTION NEAR MEENAKSHI BHAVAN BEHIND GOVERNMENT HIGH SCHOOL B.H. ROAD, SHIVAMOGGA TALUK SHIVAMOGGA-577 201.

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THE SECRETARY THE SARVODAYA EDUCATION SOCIETY (REGISTERED) JAYANAGARA, SHIVAMOGGA-577 201.

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THE HEAD MASTER

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S. RAMAIAH BALAKE HIGH SCHOOL JAYANAGARA, SHIVAMOGGA-577 201.

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SMT. MAMTHA. Y. B. D/O. LATE YALLAPPA BUDNAVAR W/O. GIRISHKUMAR. K AGED ABOUT 36 YEARS R/AT KONDOJI, SHAYADAGUPPI-581 104 HANAGAL TALUK,HAVERI DISTRICT.

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…RESPONDENTS

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(BY SRI.VIKAS R, AGA FOR R1 TO R5: SRI D C PARAMESHWARAIAH., ADVOCATE R8: R6 AND R7 ARE SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1, THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS, NRUPATUNGA ROAD,K.R. CIRCLE, BENGALURU, NOT TO GIVE APPROVAL FOR THE SAME APPOINTMENT OF MAMATHA Y.B. ON COMPASSIONATE APPOINTMENT, IN THE 5TH RESPONDENT INSTITUTION AS RECOMMENDED BY THE RESPONDENT NO.5, THE BLOCK EDUCATION OFFICER (BEO), DEPARTMENT OF PUBLIC INSTRUCTION, NEAR MEENAKSHI BHAVAN, BEHIND GOVERNMENT HIGH SCHOOL, B.H. ROAD, SHIVAMOGGA TALUK, SHIVAMOGGA, AS PER THE LETTER DATED 05.02.2025,

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3 - NC: 2025:KHC:35205 WP No. 13903 of 2025

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HC-KAR

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BEARING NO.A3ANUKAMPA.NE.ANU/18/(117)2022-23 VIDE ANNEXURE-V AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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ORAL ORDER

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At the outset, learned Additional Government

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Advocate and learned counsel for the respondent No.8 submit that the impugned order is only an official communication between two authorities. Hence, the writ petition is not maintainable. If the petitioner has any grievance, he has to approach the competent authority under the Karnataka Education Act, 1983.

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In view of the above, the writ petition is disposed

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of. Liberty is reserved to the petitioner to approach the competent authority under the Karnataka Education Act, 1983.

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Sd/- (H.T. NARENDRA PRASAD) JUDGE

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List No.: 1 Sl No.: 53

Smt. Asha a v. the State of Karnataka

Case brief

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Smt. Asha a v. the State of Karnataka

Case brief

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