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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
NC: 2026:KHC:13297
WP No. 16893 of 2022
HC-KAR
DATED THIS THE 4TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 16893 OF 2022 (S-RES)
BETWEEN:
1. SHIVAKUMAR H., S/O HEMAGIRI AGED ABOUT 48 YEARS
LAB ATTENDER, SREE JAGADGURU RENUKACHARYA COLLEGE OF SCIENCE ARTS AND COMMERCE ANANDA RAO CIRCLE, BENGALURU – 560 009
2. K. B. MANJUNATHA SWAMY, S/O BASANNA
AGED ABOUT 56 YEARS ATTENDER SREE JAGADGURU RENUKACHARYA COLLEGE OF SCIENCE ARTS AND COMMERCE, ANANDA RAO CIRCLE BENGALURU – 560 009
…PETITIONERS
(BY SRI. K. R. BHAVANI SHANKAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT
EDUCATION DEPARTMENT (HIGHER EDUCATION)
M S BUILDINGS, BENGALURU – 560 001
2. THE COMMISSIONER FOR COLLEGIATE EDUCATION
UNNATHA SHIKSHANA SOUDHA, SHESHADRI ROAD, BENGALURU – 560 001
3. THE REGIONAL JOINT DIRECTOR OF COLLEGIATE EDUCATION,
SHESHADRI ROAD, BENGALURU – 560 009
4. THE PRINCIPAL SREE JAGADGURU RENUKACHARYA COLLEGE OF
SCIENCE ARTS AND COMMERCE ANANDA RAO CIRCLE, BENGALURU – 560 009
…RESPONDENTS
(BY SRI. SPOORTHY HEGDE, AGA FOR R1 TO R3; SRI. VISHWANATH H. M., ADVOCATE FOR R4)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LETTER BEARING NO.KAA.SHI.E/PRAA/KA/BEM/AAM- 1/29/VE/AA/2010-11 DTD 24.03.2021 OF THE 3RD RESPONDENT ANNEXURE-X, HOLDING THE SAME AS ILLEGAL, BAD IN LAW ARBITRARY ONE, DISCRIMINATORY AND VIOLATIVE OF ARTICLE 14 AND 16 OF THE CONSTITUTION OF INDIA AND AGAINST TO THE JUDGEMENT OF THIS HON’BLE COURT RENDERED IN MUNIYELLAPPA AND OTHERS CASE AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BMC List No.: 1 Sl No.: 61
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioners seek the following reliefs:
i) Issue Writ of Certiorari, quashing the Impugned Letter bearing No.Kaa.Shi.E/Praa.Ka.Bem/Aam-1/28/Ve.Aa/ 2010-11 dated 24.03.2021 of the 3rd Respondent (Annexure-X), holding the same as illegal, bad in law arbitrary one, discriminatory and violative of Article 14 & 16 of the Constitution of India and against to the Judgment of this Hon’ble Court rendered in Muniyellappa & others’ case, in the interest of justice and equity.
ii) Issue Writ of Mandamus directing the Respondents to admit the Petitioners to grant-in-aid w.e.f. 01.04.1997 with all consequential benefits such as service benefits, monetary benefits, arrears of salary and all other benefits flowing there from, in the interest of justice and equity.
iii) Pass such other Order/orders as this Hon’ble Court deems fit and just in the matter in the interest of justice and equity in the eye of law.
2. Heard learned counsel for the petitioners, learned counsel for respondent Nos.1 to 3 and learned counsel for respondent No.4 and perused the material on record.
3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioners submits that the issue in controversy is directly and squarely covered by the judgment of this Court in the case of Sri. M. Muniyellappa and others Vs. The State of Karnataka and others – W.P.Nos.963-965/2014 dated 18.01.2017 and prays that this petition may be disposed of in terms of the said judgment.
4. Per contra, learned AGA would reiterate the contentions urged in the Statement of Objections and submits that in addition to Sri. M. Muniyellappa’s case (supra), this Court has subsequently followed the judgment in the case of Smt. Rosalia M. Vs. The State of Karnataka and others – W.P.No.2939/2021 dated 18.02.2021 and the present petition may be disposed of accordingly.
5. In the case of Sri. M. Muniyellappa and others Vs. The State of Karnataka and others – W.P.Nos.963-965/2014 dated 18.01.201, this Court has held as under:
1. Heard Sri V Lakshminarayana, learned Senior counsel appearing on behalf of Smt.Shilpa Rani for petitioner and Sri E.S.Indiresh, learned Addl. Government Advocate appearing for respondents.
2. Petitioners were appointed as Attenders in third respondent – college on 31.07.1990 and since then they have been working in third respondent – college. Said appointment of petitioners came to be forwarded to the Deputy Director of Collegiate Education on 07.08.1990 by the Principal of college as per Annexure-J for approval of their appointment. Subsequently, on 03.08.1991 – Annexure- K, Secretary and Commissioner of Finance has intimated the Government that there are 16 posts vacant for non-teaching staff and 12 vacancies have been approved by the Directorate of Collegiate Education by order dated 07.07.1990 and are admitted to salary grant. It is thereafter, Principal of third respondent – college submitted the proposal for appointments on 17.10.1992 as per Annexure-L whereunder the names of petitioners-3, 4 & 5 found place in the list appended thereto. On 29.01.1999 – Annexure-M one more proposal was forwarded by the Principal of third respondent - college to the Joint Director of Collegiate Education whereunder names of the petitioners have been forwarded indicating thereunder that appointment of petitioners were prior to 01.06.1992. Reminder was also sent by the Principal of third respondent – college to the Joint Director of Collegiate Education on 04.03.2010 – Annexure- N enclosing therewith service particulars of the petitioners and also indicating thereunder that petitioners were appointed on 01.08.1990. The Principal Secretary, Education Department (Higher Education) has forwarded a communication to the Directorate of Collegiate Education on 04.02.2013 – Annexure-R to examine the claim of petitioners for being admitted to sala
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