Sri.Shanthesh K v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6860 OF 2021 (S-RES)

BETWEEN:

¶1SRI.SHANTHESH K S/O DANDEPPA K AGED ABOUT 40 YEARS WORKING AS ENGLISH TEACHER MORARJI DESAI RESIDENTIAL SCHOOL KANNAYAKANAHALLI HARAPANAHALI TALUK BALLARI DISTRICT-583131.

¶2SRI RAMESHA M S/O KALAVVA M AGED ABOUT 37 YEARS WORKING AS PHYSICAL EDUCATION TEACHER MORARJI DESAI RESIDENTIAL SCHOOL NAZEER NAGARA, HARAPANAHALLI TALUK BALLARI DISTRICT-583127.

¶3SRI K HANUMANTHAPPA S/O THIMMANNA K AGED ABOUT 40 YEARS WORKING AS PHYSICAL EDUCATION TEACHER MORARJI DESAI RESIDENTIAL SCHOOL KANDAGALLU KUDLIGI TALUK BALLARI DISTRICT-583134.

¶4SMT SUJATHA H W/O GURUBASAVARAJ G AGED ABOUT 45 YEARS WORKING AS HINDI TEACHER

Location: HIGH COURTOF KARNATAKA NC:(2026:KHC:8250( WP(No.(6860(of(2021( ( , ,,HC-KAR( ( ( MORARJI,DESAI,RESIDENTIAL,SCHOOL, AMBALI,,KOTTURU,TALUK, BELLARY,DISTRICT-583134, …PETITIONERS, (BY,SMT.,SHILPA,RANI,,ADVOCATE), AND:(

1., THE,STATE,OF,KARNATAKA, REP.,BY,ITS,SECRETARY, DEPARTMENT,OF,SOCIAL,WELFARE, M,S,BUILDING,,BANGALORE-560001., ,

2., THE,EXECUTIVE,DIRECTOR/,SECRETARY, KARNATAKA,,RESIDENTIAL,INSTITUTIONS,SOCIETY, CO-OPERATIVE,BOARD,BUILDING, 6TH,AND,7TH,FLOOR, NEAR,CHANDRIKA,HOTEL, CUNNINGHAM,ROAD, BANGALORE-560001., …RESPONDENTS, (BY,SRI.G,RAMESH,NAIK,,AGA,FOR,R1:, SRI,S,M,PARITOSH.,,ADVOCATE,FOR,R2), , , THIS, WRIT, PETITION, IS, , FILED, UNDER, ARTICLES, 226, AND,227,OF,THE,CONSTITUTION,OF,INDIA,PRAYING,TO,ISSUE, A,WRIT,OF,MANDAMUS,OR,ANY,OTHER,WRIT,DIRECTING,THE, RESPONDENTS,TO,CONSIDER,THE,REPRESENTATIONS,OF,THE, PETITIONERS, DATED:12.10.2020,, 28.10.2020, AND,28.1.2021, PRODUCED, AS, ANNEXURE-K, SERIES, AND, IN, TERMS, OF, THE, ORDER, DATED:22.10.2019, IN, W.P.NO.8113-8131/2015, ANNEXURE-H,AND,11.10.2018,IN,W.P.NO.12664/2016,(S-RES), WHICH, IS, PLACED, AT, ANNEXURE-G, AND, IN, ACCORDANCE, WITH,LAW,AND,ETC., , THIS,PETITION,,COMING,ON,FOR,PRELIMINARY,HEARING, IN, 'B', GROUP,, THIS, DAY,, ORDER, WAS, MADE, THEREIN, AS, UNDER:, CORAM:, HON'BLE,MR.,JUSTICE,H.T.,NARENDRA,PRASAD, ORAL(ORDER(

¶1In this writ petition, the petitioners have sought for the following reliefs: "a) Issue a writ of mandamus or any other writ directing the respondents to consider the representations of the petitioners dated, 12.10.2020, dated, 28.10.2020, and 28.01.2021 produced as Annexure-K Series and in terms of the order dated

22.10.2019 in W.P.No.8113-8131/2015 (Annexure-H) and 11.10.2018 in wp Nos.12664/2016 (S-RES) which is placed at Annexure-G and in accordance with law. b) Issue a writ of mandamus or any other appropriate writ or direction, directing the respondents grants weightage of 5% for each academic years' service irrespective of the date of appointment and proportionate weightage to the service which is less than one half the academic year and further consider the cases of the petitioner for appointment to the posts to which they have applied to meet the ends of justice;

c) Issue any other writ or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case."

¶2The case of the petitioners is that the respondent No.2, Society, had issued notification in the year 2011 inviting applications for appointment of Teachers in the schools run by the respondent No.2, Society. Pursuant thereto, the petitioners were appointed as Teachers in the schools run by respondent No.2 on a contractual basis. As

per the Rules notified by the State Government, the benefit of service weightage was not extended to the petitioners and similarly situated persons. Thereby, the petitioners and other similarly situated persons filed W.P.Nos.20204-20364/2011 and connected matters. This Court, by order dated 13.07.2012, allowed the writ petitions and held that the petitioners are entitled for the benefit of service weightage. Being aggrieved by the said order dated 13.07.2012, respondent No.2 preferred W.A.No.5127/2012 and W.A.Nos.5831-61/2012 and connected matters. By order dated 28.02.2013, the Division Bench of this Court dismissed the writ appeals, affirming the order passed by the learned Single Judge. Thereafter, respondent No.2, Society, filed SLP No.15456/2013 before the Apex Court. The Apex Court, by order dated

09.09.2013, dismissed the said SLP. Thereafter, the respondents have not extended the service weightage to the petitioners and other similarly situated persons. Therefore, some of them approached this Court

in W.P.No.9803/2022 and the said writ petition came to be disposed of on 16.12.2025.

¶3In view of the above, without expressing any opinion on the merits of the case, this writ petition is disposed of.

¶4The respondents are directed to reconsider the case of the petitioners in accordance with law, keeping in view the order passed by this Court in W.P.Nos.20204-20364/2011 dated 13.07.2012 and also the order passed by the Hon'ble Apex Court in SLP No.24767/2023 decided on 22.07.2025, within a period of eight weeks from the date of receipt of a copy of this order.

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

DM LIST NO.: 1 SL NO.: 23