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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF DECEMBER, 2021

BEFORE

THE HON' BLE MR. JUSTICE S.G. PANDIT

WRIT PETITION No.22596/2021 (S-RES)

BETWEEN:

1. SMT. S.R.RENUKA

W/O SHIVALINGAPPA

AGED ABOUT 59 YEARS

PRESENTLY WORKING AS

IN-CHARGE HEAD MISTRESS

SRI VINAYAKA HIGH SCHOOL

MALALI, HOSADURGA TALUK

CHITRADURGA DISTRICT-577527.

2. SRI VINAYAKA EDUCATION SOCIETY (REGD)

REP. BY ITS SECRETARY

SIDDARAMANAGARA

HOSADURGA TOWN

CHITRADURGA DISTRICT-577527.

...PETITIONERS

(BY SRI A V GANGADHARAPPA, ADV.)

AND:

1. COMMISSIONER OF PUBLIC INSTRUCTIONS

NEW PUBLIC OFFICES BUILDING

K.R. CIRCLE

BENGALURU-560001

2. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS

CHITRADURGA DISTRICT

CHITRADURGA-577201.

3. BLOCK EDUCATION OFFICER

HOSADURGA TALUK

CHITRADURGA DISTRICT-577527.

&RESPONDENTS

(BY SMT. M.C.NAGASHREE, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT

THE RESPONDENTS TO CONSIDER AND ACCORD APPROVAL TO

THE DECISION TAKEN BY THE COMMITTEE OF MANAGEMENT

OF THE 2^ND PETITIONER TO GIVE PROMOTION TO THE 1^ST

PETITIONER TO THE POST OF HEAD MISTRESS OF SRI

VINAYAKA HIGH SCHOOL AT MALALI IN HOSADURGA TALUK,

WITH EFFECT FROM 01.08.2018 AS HAS BEEN REPRESENTED

BY THE 2^ND PETITIONER DATED 28.07.2020 TRUE COPY OF

WHICH

IS

PRODUCED

AS

ANNEXURE-C

AND

AS

RECOMMENDED BY THE R3 DATED 30.07.2020 TRUE COPY OF

WHICH IS PRODUCED AS ANNEXURE-D.

THIS PETITION COMING ON FOR PRELIMINARY HEARING

THIS DAY, THE COURT MADE THE FOLLOWING:-

O R D E R

The petitioners are before this Court under Article

226 of the Constitution of India, praying for a writ of

mandamus to direct the respondents to accord approval

to the decision taken by the Committee of Management

of the 2^nd petitioner-Sri Vinayaka High School (for short

8the Management9) at Malali in Hosadurga Taluk, to give

promotion to the 1^st petitioner to the post of Head

Mistress of the 2^nd petitioner-School w.e.f. 01.08.2018

as recommended by the 2^nd petitioner-Management

dated 28.07.2020 (Annexure-C) and as recommended by

the

3^rd

respondent-Block

Education

Officer

by

communication dated 30.07.2020 (Annexure-D).

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2.

Heard Sri A.V. Gangadharappa, learned counsel

for the petitioners and Smt. M.C. Nagashree, learned

AGA for respondents. Perused the writ petition papers.

3.

Learned counsel for the petitioners would submit

that 1^st petitioner was appointed as Hindi Teacher and

admitted

to

grant

under

memorandum

dated

07.06.1995 (Annexure-A) by the Additional Director of

Public Instructions Department. On retirement of one

Sri M. Shivalingappa, who was working as Head Master,

the 2^nd petitioner-Management resolved to appoint the

1^st petitioner as Head Mistress of Sri Vinayaka High

School run by the 2^nd petitioner at Malali, Hosadurga

Taluk, Chitradurga District. Accordingly resolution

dated 26.07.2020 was passed to promote petitioner to

the post of Head Mistress and by letter dated

28.07.2020

(Annexure-A)

addressed

to

the

3^rd

respondent sought approval. The 3^rd respondent-the

Block Education Officer, on scrutiny of the material

placed by the 2^nd petitioner-Management, forwarded the

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proposal (Annexure-D) to the 2nd respondent-Deputy

Director of Public Instructions (for short 8the DDPI9) by

communication/letter dated 30.07.2020. Submission of

the learned counsel for the petitioner is that even

though the Management had taken a decision in August

2018

and

proposal

was

sent

immediately,

the

respondents have not taken any decision in the matter

of approval of appointment of 1^st petitioner as Head

Mistress. It is his submission that respondents have to

perform their statutory duty in the matter of approval of

appointment of 1^st petitioner as Head Mistress, which is

forwarded by the 2^nd petitioner-Management.

4.

Per

contra,

learned

AGA

submits

that

on

examination, app