IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25^TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR WRIT PETITION NO. 101668 OF 2025 (S-KAT)

BETWEEN:

1. THE STATE OF KARNATAKA, REP. BY PRL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, 6^TH FLOOR, M. S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU – 560 001.

2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS DEPARTMENT OF SCHOOL EDUCATION AND LITERACY NRUPATUNGA RAOD, BANGALORE – 560 001.

3. THE COMMISSIONER OF PUBLIC INSTRUCTIONS, DEPARTMENT OF EDUCATION, DHARWAD -580 001, DIST: DHARWAD.

4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, DHARWAD – 580 001.

… PETITIONERS (BY SRI. SHARD V. MAGADUM, AGA)

AND:

SMT. JAYASHREE D/O. MARTANDAPPA MALAGI, AGED ABOUT 56 YEARS, OCC: CRAFT TEACHER, KARNATAKA PUBLIC SCHOOL, KARADI GUDDA – 580 201, TQ & DIST: DHARWAD, R/O: H. NO.112, 3^RD CROSS, MURUGHA RAJENDRA NAGAR, HEBBALLI AGASI, DHARWAD – 580 001.

…RESPONDENT (BY SRI. RAMESH I. ZIRALI, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, CALL FOR RECORDS IN APPLICATION NO.10123/2024 ON THE FILE OF THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI. TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION SETTING ASIDE THE IMPUGNED ORDER DATED 21-06-2024 IN A.NO.10123/2024, PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI, VIDE ANNEXURE-C.

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

CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD)

The respondent has successfully prosecuted her application in No.10123 of 2024 with the Karnataka State Administrative Tribunal, Belagavi [for short, ‘the Tribunal’]. The Tribunal, by the impugned order dated 21.06.2024, has interfered with the second petitioner's Endorsement dated 02.12.2022 directing the petitioners to consider the respondent’s representation for promotion as DIET Lecturer with retrospective effect from the date from which a junior in the seniority list is promoted. The Tribunal has directed compliance with its directions within four months from the date of receipt of a certified copy of the order.

2. The State Government and the Senior Officers with the Department of School Education and Literacy [the petitioners] are aggrieved by the Tribunal's decision. The second petitioner has issued the Endorsement dated 02.12.2022 informing the respondent that she cannot be considered for promotion as DIET Lecturer because she is working as Craft Teacher Grade-II and the promotional avenue would only be to those who are working as Craft Teacher Grade-I. The Tribunal has interfered with the Endorsement dated 02.12.2022 essentially for the following three reasons:

[A] The petitioner has responded to the application for an appointment in the year 1993 based on her SSLC certificate and a Craft certificate which, according to the C&R Rules, would be the requisite qualification for Craft Teacher Grade-I. The Tribunal has observed that for Craft Teacher Grade-I, the prescribed qualification is 7^th standard with a Certificate in Craft.

[B] the respondent is mentioned in the seniority list of Craft Teachers Grade-I in the years 2011, 2017, 2018 and

2023.

[C] The respondent's eligibility to promotion as DIET Lecturer must be considered in the light of her seniority amongst the Craft Teacher Grade-I.

3. Sri Sharad V. Magadum, the learned Additional Government Advocate submits that this Court must intervene because [i] the respondent is appointed under the notification which expressly stipulates that the applications will be filed for posts with the pay scale of Rs.550-1050/-, the pay scale admissible to the Craft Teacher Grade-II; [ii] the State Government, as way back in the year 2004, has issued a Circular stipulating that everyone who is