Smt G M Roopa v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 13244 OF 2026 (S-RES) BETWEEN: SMT. G.M. ROOPA W/O PRAKASH, AED ABOUT 49 YEARS, OCC: LECTURER, R/AT NO.69/1, H.S. EXTENSION, 4TH MAIN, 1ST CROSS, HARIHAR, DAVANGERE DISTRICT - 577 002. …PETITIONER (BY SRI. PRAKASH M. PATIL, ADVOCATE) AND:

¶1THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION AND LITRACY DR. B.R. AMBEDKAR VEEEDHI, M.S. BUILDING, BENGALURU - 560 001.

¶2THE JOINT DIRECTOR (ADMN) DEPARTMENT OF PRE-UNIVERSITY EDUCATION, SAMPIGE ROAD, 18TH CROSS, MALLSWARAM, BANGALORE.

¶3THE SECRETARY BABASAHEB AMBEDKAR CHARITY TRUST (R) P.J. EXTENSIN, HARIHAR - 577 601, DAVANAGERE - DISTRICT. by SHARADAVANI B Location: High Court of Karnataka e -e2e-eeeee e e NC:(2026:KHC:23451 WP(No.(13244(of(2026

4.e THEeCOMMISSIONERe DEPARTMENTeOiePRE-UNIVERSITYeEDUCATION,e SAMPIGEeROAD,e18THeCROSS,ee MALLSWARAM,eBANGALOREe-e560e003.e …RESPONDENTSe (BYeSRI.eSPOORTHYeHEGDE,eAGAeiOReR1,eR2eANDeR4)e e THISe WPe ISe iILEDe UNDERe ARTICLEe 226e ANDe 227e Oie THEe CONSTITUTIONe Oie INDIAe PRAYINGe TOe DIRECTINGe THEe RESPONDENTeNO.e1eANDe2eTOeCONSIDEReTHEeREPRESENTATIONe DATEDe 16.03.2026e ANDe SUBMITTEDe BYe THEe PETITIONERe ONe

17.03.2026eVIDEeANNEXUREe-eCeINePURSUANCEeOieTHEeORDERe OieTHISeHON'BLEeCOURTeINeWPeNO.3300/2013eDATEDe27.11.2023e ANDeCONSIDEReTHEeCASEeOieTHEePETITIONEReTOeTHEePOSTeOie LECTURERe INe HISTORYe WITHe ALLe CONSEQUENTIALe BENEiITSe WITHINeTHEeTIMEeiRAMEeTOeBEeSTIPULATEDeBYeTHISeHON'BLEe COURT,eINeTHEeINTERESTeOieJUSTICEeANDeEQUITY.e e THISe PETITION,e COMINGe ONe iORe PRELIMINARYe HEARING,e THISeDAY,eORDEReWASeMADEeTHEREINeASeUNDER:e CORAM:e HON'BLEeMR.eJUSTICEeS.R.KRISHNAeKUMAR ORALeORDER Ine thise petition,e thee petitionere hase soughte fore thee followinge reliefs:e "i)eIssueeaeWriteoreordereinetheenatureeofeWriteofemandamuse directinge thee respondente No.e 1e ande 2e toe considere thee representatione datede 16.03.2026e ande submittede bye thee

petitioner on 17.03.2026 vide ANNEXURE C in pursuance of the order of this Hon'ble Court in WP No.3300/2013 dated

27.11.2023 and consider the case of the Petitioner to the post of Lecturer in History with all consequential benefits within the time frame to be stipulated by this Hon'ble Court, in the interest of justice and equity.

ii). Pass such other order or direction deemed just and expedient in the circumstances of the case including the posts."

¶2Heard learned counsel for the petitioner and learned AGA for respondent Nos.1, 2 and 4 and perused the material on record.

¶3In the earlier round of litigation this Court passed the following order:

¶1This petition is filed challenging a Notification, by which applications had been called for to fill up the post of a Lecturer in History.

¶2It is not in dispute that the petitioner has rendered service in the 2nd respondent Institution as a Lecturer in History from 2005 to 2013. It is also not in dispute that the petitioner possesses the necessary educational qualification.

¶3Sri V.Lakshminarayana, learned Senior Counsel appearing for the petitioner fairly submits that even today, the post to which the Notification was issued has remained vacant and the Institution has adequate student strength. He further submits that the Institution would, therefore, take steps to forward the name of the petitioner for considering her recruitment as a Lecturer in History, having regard to the fact that she has served the Institution from 2005 to 2013.

¶4In view of the said submission, the 2nd respondent is directed to forward the proposal for approving the appointment of the petitioner to the post of a Lecturer in History. The proposal shall clearly state that the petitioner had rendered service for more than eight years as a Lecturer in History and she also possessed the necessary educational qualifications.

¶5On such proposal being submitted, the 1st respondent shall consider the same and pass appropriate orders within a period of two months from the date of receipt of a copy of the proposal.

¶6The Government shall also take into consideration the judgment rendered by the Three Judges Bench of the Apex Court in the case of KARNATAKA STATE PRIVATE COLLEGE STOP-GAP LECTURERS' ASSOCIATION Vs. STATE OF KARNATAKA & OTHERS AIR 1992 SC 677, wherein it

has stated that the services of the temporary Teachers, who had worked for three years, should not be terminated and that they should be absorbed as and when regular vacancies arise. Writ Petition is accordingly disposed off."

¶4It is the grievance of the petitioner that his representation dated 16.03.2026 at Annexure - C submitted to the respondents has not been considered so far by them nor any order has been passed on the same. Under these circumstances, the petitioner is before this Court by way of the present petition.

¶5Per contra, learned counsel for the respondents submits that if reasonable time is given, they would consider and pass necessary order on the said representation.

¶6In view of the aforesaid facts and circumstances and rival submissions, the respondents are hereby directed to address the grievances of the petitioner and consider her representation dated 16.03.2026 at Annexure - C and pass appropriate order / take appropriate decision in accordance with law, within a period of three months from the date of receipt of a copy of this order. e -e6e-eeeee e e NC:(2026:KHC:23451 WP(No.(13244(of(2026

7.e Withe thee aforesaide directions,e thee petitione standse disposedeof. Sd/-e (S.R.KRISHNAeKUMAR)e JUDGEe BHe ListeNo.:e1eSleNo.:e23e