IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107603 OF 2025 (S-R)

BETWEEN:

1. SHRI. SALIM S/O. MAKTUMSAB IDDALAGI, AGE: 64 YEARS, OCC: RTD PROFESSOR (ASSISTANT PROFESSOR) BASAVESHWAR ENGINEERING COLLEGE, BAGALKOTE, R/O 8^TH CROSS VIDYAGIRI 32/1 BAGALKOTE.

2. SHRI. VINOD S/O. SHANKARRAO PURANIK, AGE: 63 YEARS, OCC: PROFESSOR BASAVESHWAR ENGINEERING COLLEGE (AIDED), BAGALKOTE, R/O: ANUGRAHA PLOT NO. 13/2

12^TH MAIN CROSS, VIDYAGIRI BAGALKOTE. 3. SHRI. SURESH S/O TOTAPPA DUNDUR, AGE: 63 YEARS, OCC: PROFESSOR BASAVESHWAR ENGINEERING COLLEGE (AIDED), BAGALKOTE, Digitally signed by R/O: ANUGRAHA PLOT NO. 13/2 RAKESH S HARIHAR 12^TH MAIN CROSS, VIDYAGIRI BAGALKOTE.

Location: High Court of Karnataka, Dharwad Bench, 4. SHRI. DAYANND S/O. GURULINGAYYA MALLAPUR, Dharwad AGE: 61 YEARS, OCC: RTD ASSISTANT PROFESSOR (C.A.S) BASAVESHWAR ENGINEERING COLLEGE(AIDED) BAGALKOTE, R/O: GURUPREMA PLOT N O 3, P 81

17^TH CROSS VIDYAGIRI, BAGALKOTE.

5. SHRI. BASAVAPRABHU S/O. GURULINGAPPA * SHEPARAMATTI, AGE: 62 YEARS, OCC: RTD C.A.S PROFESSOR, BASAVESHWAR ENGINEERING COLLEGE BAGALKOTE, * Corrected vide Court Order dated 21.11.2025 Sd/- MNPJ R/O: ISHWAR KATAGERI NO 8, VEETHARAY BEHIND, SHREE MANDIR KELAGERI ROAD, DHARWAD.

6. SHRI AMRESH S/O. PARAPPA NAGUR, AGE: 63 YEARS, OCC: RETD FOREMAR (E AND C DEPT)

(E AND C DEPT) BASAVESHWAR ENGINEERING COLLEGE BAGALKOTE R/O: NO AMARESHWARKRUPA, P.NO 34, 9^TH CROSS, VIDYAGIRI, BAGALKOTE.

7. SHRI. SHEKHARAPPA S/O ANDANEPPA HALLUAR, AGE: 62 YEARS, OCC. RETIRED FDA, DEPT. OF ADMINISTRATION, SHRI. BASAVESHWAR ENGINEERING COLLEGE (AIDED), BAGALKOTE DIST: BAGALKOTE – 587 101, R/O: NEAR AARADHANA HOTEL, DAS BUILDING, OLD BUS STAND, BAGALKOTE – 587 101. 8. SHRI SHASHIDHAR S/O. SHIVASANGAPPA NADAVINAMANI, AGE: 60 YEARS, OCC: ASST. INSTRUCTOR SHRI BASAVESHWAR ENGINEERING COLLEGED (AIDED), BAGALKOTE, DIST: BAGALKOTE – 587 101, R/O: SECTOR NO.42 PLOT NO.151A NAVANAGAR BAGALKOTE – 587 103.

9. SMT. SAROJINI BASATTEPPA KULLOLI (AFTER MARRIAGE CALLED AS SMT. SARAOJINI G. MAKARATIHAL) AGE: 60 YEARS, OCC: ASSOCIATE PROFESSOR, DEPARTMENT OF ELECTRONICS AND COMMUNICATIONS, R/O: M 56, 8^TH CROSS, 3^RD MAIN SECTOR 63, A, NAVANAGAR, BAGALOTE – 587 103.

…PETITIONERS (BY SRI. UMESH AINAPUR, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, MINISTRY OF LAW AND PARLIAMENTARY AFFAIRS, R/BY ITS SECRETARY, VIDHAN SOUDHA, BENGALURU – 560 001.

2. THE STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, HIGHEDR EDUCATION DEPARTMENT OF COLLEGIATE, M. S. BUILDING, DR AMBEDKAR ROAD, BENGALURU – 560 001.

3. THE COMMISSIONER FOR COLLEGIATE AND TECHNICAL EDUCATION, PALACE ROAD, BENGALURU – 560 001.

4. DIRECTOR OF TECHNICAL EDUCATION, PALACE ROAD, BENGALURU – 560 001.

5. SHREE BASAVESHWARA VEERASHAIVA VIDYAVADHAKA SANGHA, REPRESENTED BY ITS CHAIRMAN, BAGALKOT DISTRICT, BAGALKOT.

6. THE PRINCIPAL BASAVESHWAR ENGINEERING COLLEGE (AIDED), BAGALKOTE – 587101.

…RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 TO R4; SRI. G.K.HIREGOUDAR, ADVOCATE FOR R5 AND R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE PROVISIONS OF SECTION 3 (1) AND (2) OF THE KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES REGULATION OF PAY, PENSION AND OTHER BENEFITS) ACT 2014 (KARNATAKA ACT 7 OF 2014) DATED 12/02/2014 MAPA 23 SHAK VARSHA 1935 NO.115. VIDE ANNEXURE -F. PASSED BY THE 1^ST RESPONDENT AS UNCONSTITUTIONAL AND CONSEQUENTLY STRUCK DOWN THE SAID PROVISIONS AS ULTRA-VIRUS OF THE CONSTITUTION OF INDIA. ISSUE WRIT OF MANDAMUS DIRECTING RESPONDENT NO.2 RELEASE PENSIONERY BENEFITS FROM THE DATE OF INITIAL APPOINTMENT OF PETITIONERS AND ETC., THIS WRT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioners are before this Court seeking for the following relief:

i. Declare the provisions of Section 3 (1) and (2)

of the Karnataka