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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 15242 OF 2026 (S-RES)
BETWEEN:
1. MANJUNATHA N
S/O NARAYANAPPA,
AGED ABOUT 40 YEARS,
WORKING AS PHYSICAL EDUCATION TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL (BC),
GATTHAVENKATARAVANA, MULBAGAL (T),
KOLAR (DIST),
RESIDING AT BELLAMBALLI (V)
DEVARAYASAMUDRA (P)
MULBAGAL (T), KOLAR (DIST)
PIN 563127.
2. DODDAIAH S.S,
S/O LATE SHIVAPPA,
AGED ABOUT 48 YEARS,
WORKING AS PHYSICAL EDUCATION TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL,
KUDIGE KUSHALNAGAR TALUK, KODAGU,
RESIDING AT MULLUSAGE VILLAGE AND POST,
KUSHALNAGAR HOBLI, SOMWARPET TALUK,
KODAGU.
3. RAMESHA K.R,
S/O RAMAKRISHNE GONDA,
AGED ABOUT 44 YEARS,
WORKING AS KANNADA TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL (205),
BASAVANA HALLI, KUSHALNAGAR TALUK,
KODAGU DISTRICT,
RESIDING AT NO.122, SAMPARA,
PANCHACHARYA LAYOUT,
VIJAYANAGARA 4TH STAGE, MYSORE.
4. MAHADEVA D.G,
S/O GOVINDAIAH,
AGED ABOUT 41 YEARS,
WORKING AS SOCIAL SCIENCE ASSISTANT TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL (ST-110)
KAGGUNDI, PERIYAPATNA TALUK,
MYSORE DISTRICT,
RESIDING AT D.K KOPPAL (VILLAGE),
SIDDAPURA (POST), HEBBAL (HOBLI),
K.R NAGAR (TALUK),
MYSORE DISTRICT.
5. ANANDAMURTHY M.V.
S/O VEERABHADRAPPACHARYA,
AGED ABOUT 49 YEARS,
WORKING AS KANNADA TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL (ST-109)
DHARMAPURA, HUNSUR TALUK,
MYSURU DISTRICT,
RESIDING AT: MALALI VILLAGE,
KESTUR POST, HEBBALU HOBLI,
K.R NAGAR TALUK.
MYSURU DISTRICT - 571602.
6. EREGOWDA K,
S/O KULLE GOWDA (U/F MALE GOWDA),
AGED ABOUT 44 YEARS,
WORKING AS KANNADA TEACHER,
K.R.C.R.S. HIREHALLY (ST-424),
H.D KOTE TALUK,
MYSORE DISTRICT,
RESIDING AT: SHIRAMAHALLY (V)
K.G HALLY (H) H.D KOTE (TQ), MYSORE (DIST).
7. ASHA RANI D.N,
D/O S R GIRISH,
AGED ABOUT 38 YEARS,
WORKING AS HINDI TEACHER,
KITTUR RANI CHENNAMMA RESIDENTIAL SCHOOL,
HERAHALLI, H.D KOTE TALUK,
MYSORE DISTRICT-571113,
RESIDING AT NO.550, B BLOCK MAHADEVAPURA,
J.P NAGAR MYSORE - 570008.
8. ASEED.
S/O HAMOOD,
AGED ABOUT 40 YEARS,
WORKING AS PHYSICAL EDUCATION TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL,
VOGGA, KAVALAPADURU VILLAGE (BC-143),
BANTWAL, DAKSHINA KANNADA,
RESIDING AT: PADE HOUSE,
PADANGADY POST AND VILLAGE,
BELTHANGADY TALUK,
DAKSHINA KANNADA - 574217.
9. GEETHA M,
D/O M MALLAIAH,
AGED ABOUT 47 YEARS,
WORKING AS HINDI TEACHER,
SRI MORARJI DESAI RESIDENTIAL SCHOOL,
DODDAHUNDI, MYSURU TALUK,
MYSURU DISTRICT,
RESIDING AT NO.1052,
SATHAGALLY LAYOUT,
SATHAGALLY, MYSURU.
10. SANGAPPA R BEERUNAGI,
S/O REVAPPA,
AGED ABOUT 42 YEARS,
WORKING AS PHYSICAL EDUCATION TEACHER,
KITTUR RANI CHANNAMMA RESIDENTIAL SCHOOL
KOLHAR (SC-450),
BASAVANA BAGEVADI TALUK,
VIJAYAPUR DISTRICT - 586 210,
RESIDING AT CHADACHAN TALUK,
VIJAYAPUR DISTRICT,
PIN-586 205.
11. JAGADEESH B.K,
S/O. KUSHAPPA. B
AGED ABOUT 41 YEARS,
WORKING AS COMPUTER TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL (205),
BASAVANAHALLI, KUSHALNAGAR,
KODAGU-571 234,
RESIDING AT: NO.246 JAMBURU BANE,
MADAPURA POST, SOMWARPET, KODAGU-571 251.
12. RUPAKSHI,
D/O SUDHAKAR KALTI,
AGED ABOUT 48 YEARS,
WORKING AS HINDI TEACHER, MORARJI RESIDENTIAL
SCHOOL HUNASAGI,
SHORAPUR TALUK,
YADGIR DISTRICT.
13. GIRISHA E.V,
S/O BASAVARAJU,
AGED ABOUT 41 YEARS,
WORKING AS MATHEMATICS TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL (205)
BASAVANAHALLI, KUSHALNAGAR KODAGU-571 234,
RESIDING AT ECHOORU VILLAGE AND POST PERIYAPATNA
TALUK, MYSORE.
14. DAYANAND HIREMATH,
S/O SOMAYYA,
AGED ABOUT 41 YEARS, WORKING AS ASST. HINDI
TEACHER, MORARJI DESAI RESIDENTIAL SCHOOL
GANJIGATTI, SHIGGAON TALUK HAVERI DISTRICT,
RESIDING AT BASAVESHWARA NAGAR,
2ND CROSS,
B BLOCK HAVERI.
15. GANGAMMA S BETAGERIMATH,
D/O SIDDARAMAIAH,
AGED ABOUT 40 YEARS,
WORKING AS ASST. ERIGLISH TEACHER,
KITTUR RANI CHANNAMMA RESIDENTIAL SCHOOL
MADAPUR, SAVANUR TALUK, HAVERI DISTRICT,
RESIDING AT KALALAKONDA TALLIHALLI POST, SAVANUR
TALUK, HAVERI DISTRICT.
16. CHANDRAGOUDA N PATIL,
S/O NARASANAGOUDA,
AGED A ABOUT 44 YEARS, WORKING AS ASST. KANNADA
TEACHER, KITTUR RANI CHANNAMMA RESIDENTIAL
SCHOOL, MADAPUR, SAVANUR TALUK, HAVERI DISTRICT,
RESIDING AT KADAKOL SAVANUR TALUK,
HAVERI DISTRICT.
17. ANITA V.MANNANNAVAR,
VIRIPAXAPPA,
AGED ABOUT 46 YEARS,
WORKING AS ASST HINDI TEACHER, AT MADAPUR TALUK,
SHIGGAVI, DR.HAVERI RESIDING AT PO.SHIGGAVI, TALUK
SHIGGAVI HAVARI DISTRICT.
18. MANJAIAH B.,
S/O BASAVARAJA,
AGED ABOUT 45 YEARS, WORKING AS A PRINCIPAL MDRS
SCHOOL (110) KAGGUNDI, PIRIYAPATNA TALUK,
MYSORE DISTRICT,
RESIDING AT NO.734, 6TH CROSS,
BASAVAGUDI, HEBBOL, MYSORE.
19. SHASHIKALA MALIPATIL,
W/O MAHESH KUMAR,
AGED 47 YEARS,
WORKING AS A PRINCIPAL MDRS SCHOOL,
KODEKAL (SC-316), YADAGIRI,
RESIDING AT: NEAR MANDALAMMA GUDI, KODEKAL,
YADAGIRI, HUNSAGI TALUK, YADIGIRI DISTRICT.
…PETITIONERS
(BY SRI. L. SRINIVASA BABU.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP, BY ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE,
M.S.BUILDING, BANGALORE-560001.
2. THE EXECUTIVE DIRECTOR/SECRETARY,
KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION
SOCIETY, CO-OPERATIVE BOARD BUILDING,
6TH AND 7TH FLOOR, NEAR CHANDRIKA HOTEL,
CUNNINGHAM ROAD, BANGALORE-560001
…RESPONDENTS
(BY SRI. SIDHARTH BABU RAO.,ADV. FOR R2;
SRI. RAVINDRANATH, AGA, FOR R1)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER AND GRANT PROPORTIONATE SERVICE WEIGHTAGE TO THE PETITIONERS FOR THE ACADEMIC YEARS 2008-2009, 2009-2010, 2010-2011, 2011-2012 IN TERMS OF THE SERVICE RENDERED BY THE PETITIONERS FROM THE RESPECTIVE DATES OF JOINING, AND IN ACCORDANCE WITH THE JUDGMENTS RENDERED IN W.A. NO. 545/2021 DATED 07.11.2022 ANNEXURE-W. 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, petitioners seek for the following reliefs:-
" Wherefore, the Petitioners is most respectfully prays:
1. Issue a writ of Mandamus directing the Respondents to consider and grant proportionate service weightage to the Petitioners for the academic years 2008-2009, 2009-2010, 2010-2011, 2011-2012 in terms of the service rendered by the Petitioners from the respective dates of joining, and in accordance with the judgments rendered in W.A. No. 545/2021 dated 07.11.2022 Annexure-W
2. Issued writ of Mandamus directing the Respondents to consider the representation dated: :05-05-2026, 27-04-2026 04-05-2026, 30-04-2026, 27-04-26, 29-04-26, 29-04-2026, 29-04-2026, 29-04-2026, 25-09-2025, 04-05-2026 04-05-2026, 04-05-2026, 04-05-2026, 04-05-202, 04-05-2026, 05-11-2025 and 05-05-2026 vide ANNEXURE-AA, AA1, to AA18 and to grant the proportionate service weightage for the aforesaid academic years of 2007-2008, 2008-2009, 2009-2010, 2010-2011 and 2011-2012 while computing the total marks of the Petitioners for selection purposes, and consequently declare the Petitioners are eligible for selection against the post of Teacher;
3. Pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity."
2. Heard learned counsel for the petitioners 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 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 22.10.2019 at Annexures-H, K and J respectively, wherein it is held as under:
In W.A.No.545/2021:
“Heard the learned Senior counsel Sri. Y. R. Sadashiva Reddy along with Sri.Sidharth Baburao, learned counsel for the appellant - Institution and Smt. Ratna N. Shivayogimath and Sri. Shivayogesh Shivayogimath, learned counsel for the respondent Nos.1 to 3.
2. This intra Court appeal is directed against the order of the learned Single Judge passed in W.P.No.15280/2015.
3. The facts are not in dispute. The only dispute that is raised by the appellant-Institution is the proportionate weightage for partially completed year. The issue is raised on the basis of the Cadre and Recruitment Regulations, which provides for grant of 5% weightage for every completed year of service.
4. Learned Senior counsel has placed a memo before the Court dated 07.11.2022 enclosing therewith a copy of the order dated 21.03.2013 passed in a batch of Writ Appeals and the lead Writ Appeal being W.A.No.31346/2012 whereby, the Co-ordinate Bench has been pleased to up held the order of learned Single Judge rejecting the writ petition seeking to regularize and absorb them in their respective posts and to pay salary and other service benefits on par with similarly situated Government Teachers with the following
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