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

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

1 - NC: 2025:KHC:6155 WP No. 41483 of 2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO.41483 OF 2017 (S-RES)

BETWEEN:

SMT. T. JAYALAKSHMAMMA W/O SRI. GIRIYAPPA, WORKING AS GROUP-D EMPLOYEE, AGED ABOUT 37 YEARS, MATHRU MANDALI HIGH SCHOOL, V.V. MOHALLA, MYSORE-570 002. R/AT NO.2418, 8^TH CROSS, KAILASAPURA, MANDI MOHALLA, MYSORE-570 021.

…PETITIONER

(BY SRI. M.P. SRIKANTH, ADVOCATE)

AND:

Digitally signed by 1. THE STATE OF KARNATAKA KAVYA R BY ITS SECRETARY TO GOVERNMENT, Location: High PRIMARY AND SECONDARY EDUCATION, Court of M.S. BUILDING, DR. AMBEDKAR VEEDHI, Karnataka BANGALORE-560 001.

THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, PRIMARY & SECONDARY EDUCATION, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K.R.CIRCLE, BANGALORE-560 001.

2 - NC: 2025:KHC:6155 WP No. 41483 of 2017

THE DIRECTOR OF PUBLIC INSTRUCTIONS SECONDARY EDUCATION, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K.R. CIRCLE, BANGALORE-560 001.

THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, PUBLIC EDUCATION DEPARTMENT, MYSORE DISTRICT, MYSORE - 570 002.

THE BLOCK EDUCATION OFFICER, PUBLIC EDUCATION DEPARTMENT, NORTH RANGE, MYSORE - 570 002

MATHRU MANDALI, V.V. MOHALLA, MYSORE-570 002. REP. BY SECRETARY VIJAYALAKSHMI.

SRI. NAGESH, D GROUP EMPLOYEE IN ALKABIR HIGH SCHOOL, BANNIMANTAP, MYSORE - 570 002.

…RESPONDENTS

(BY SMT. PRATHIBHA R.K., AGA FOR R1 TO R5; R6 IS SERVED)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE SEC. 98(2) OF THE KARNATAKA EDUCATION ACT, 1983 AT ANNEXURE-J1 AS UNCONSTITUTIONAL AND ETC.

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

CORAM: HON'BLE MR JUSTICE S.G.PANDIT

3 - NC: 2025:KHC:6155 WP No. 41483 of 2017

ORAL ORDER

Heard Sri. M.P.Srikanth, learned counsel for the petitioner and Smt.Prathibha.R.K., learned Additional Government Advocate for respondent Nos.1 to 5. Perused the writ petition papers.

Learned counsel for the petitioner would submit that the petitioner is before this Court under Article 226 of the Constitution of India, praying to declare Section 98(2) of the Karnataka Education Act, 1983 (for short '1983 Act') vide Annexure-J1 as unconstitutional and also to declare Rule 11(6) of Karnataka Educational Institutions (Recruitment and Terms and Conditions of Services of Employees in Private Aided Primary and Secondary Educational Institutions) Rules, 1999 (for short '1999 Rules') vide Annexure-J as unconstitutional and also violative of the parent Act along with prayer to quash the Order dated 16.08.2017 bearing

No. f 1/100342/ ºÉ.².ªÀUÁð /78/2017-18 at Annexure-H.

Under Annexure-H, it is seen that excess teacher in the aided school for the Academic Year, 2017-18 is

NC: 2025:KHC:6155 WP No. 41483 of 2017

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re-allotted to the 6^th respondent-Institution i.e.,

respondent No.7.

Learned Additional Government Advocate on instructions submit that the petitioner has retired from service on attaining the age of superannuation on 29.02.2020 and it is also submitted that even respondent No.7 has also retired.

In view of the above circumstances, no purpose would be served in considering the prayer of questioning validity of particular provisions of 1983 Act and 1999 Rules. Moreover, posting of respondent No.7 to respondent No.6Institution under Annexure-H would have no consequence since the petitioner as well as respondent No.7 have retired as on this day.

In view of the above circumstances, writ petition is disposed of as having become infructuous .

Sd/(S.G.PANDIT) JUDGE

SMJ List No.: 1 Sl No.: 14