In the absence of a statutory definition for 'completed year' in recruitment rules, contract employees are entitled to proportionate service weightage for periods less than a full academic year to ensure fair treatment in the selection process, provided the initial recruitment was merit-based and not back-door entry.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTIUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.2 TO GRANT SERVICE WEIGHTAGE AT THE RATE OF 5 PER CENT PER EACH COMPLETED ACADEMIC YEAR, IRRESPECTIVE OF DATE OF APPOINTMENT, AND TO FURTHER GRANT APPROPRIATE WEIGHTAGE FOR ANY PART YEAR SERVICE RENDERED, INCLUDING THE SERVICE LESS THAN ONE FULL ACADEMIC YEAR IN ACCORDANCE WITH LAW AND BINDING THE JUDICIAL PRONOUNCEMENT. THE PETITIONER FURTHER SEEKS DIRECTION TO THE RESPONDENT TO CONSIDER THE CASES FOR SELECTION AND APPOINTMENT TO THE POST HE HAS APPLIED FOR UNDER THE RECRUITMENT CONDUCTED BY THE KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY (KREIS) IN THE LIGHT OF HIS QUALIFYING SERVICE AND REPRESENTATION DATED 04.10.2025 VIDE SUBMITTED AND TO GRANT D/4-10-2025 VIDE ANNEX-K. HIM THE BENEFIT OF SUCH SERVICE WEIGHTAGE AS HAS ALREADY BEEN EXTENDED TO SIMILARLY PLACED TEACHERS AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks for the following reliefs:-

(a) Issue writ of mandamus or any other appropriate writ or, order or direction directing the respondent no.2 to grant service weightage at the rate of 5 per cent per each completed academic year, irrespective of date of appointment, and to further grant appropriate weightage for any part year service rendered, including the service less than one full academic year in accordance with law and binding the judicial pronouncement. The petitioner further seeks direction to the respondent no.2 to consider the cases for selection and appointment to the post he has applied for under the Recruitment conducted by the Karnataka Residential Educational Institution Society (KREIS) in the light of his DI4-10-2025 vice Annexure-K qualifying service and representation dated 04.10.2025 submitted and to grant him the benefit of such service weightage as has already been extended to similarly placed teachers.

(b) Issue other writ of mandamus to direct the respondent no.2 to include the name of the petitioner in the final selection list and to appoint them to the respective post with effect from the day on which other similarly placed candidates were appointed under the same recruitment process or from the date of occurrence of vacancy, whichever is higher, and to consequently extend all service related benefits including of fixation of pay, arrears of salary, continuity of service and annual increments in order to meet the ends of justice.

c) And pass any other orders or order as this Hon'ble court deems fit to be granted in the facts and circumstances of the case by allowing this writ petition in the interest of justice and equity.”

2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

3. Though several contentions have been urged by both sides in support of their respective claims, the issue in controversy between the parties is directly and squarely covered by the judgments of the Hon’ble Division Bench of this Court in the cases of The Karnataka Residential Educational Institutions Society Vs. Mounesh – W.A.No.545/2021 dated 07.11.2022 and The Karnataka Residential Educational Institutions Society Vs. Vishwanath M.S. , - W.A.No.360/2020 and Connected matters dated 19.07.2023 and judgment of Co-ordinate Bench of this Court in the case of Vishwanath M.S. and Ors Vs. The State of Karnataka – W.P.Nos.8113-8131/2015 and connected matters dated 22.10.2