IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 2^ND DAY OF JUNE, 2021

BEFORE

THE HON’BLE MR. JUSTICE ASHOK G NIJAGANNAVAR

W.P. NO.107566/2019 (EDN-RES)

BETWEEN:

1 .

SRI.YALLAPPA

S/O MURAGEPPA PUJAR

AGE: 35 YEARS, OCC: LABOUR (FARMER),

R/O: SULIKERI VILLAGE, TQ: BADAMI,

DIST: BAGALKOTE.

2 .

SRI.BASAVARAJ

S/O HOLABASAPPA BILAGI

AGE: 36 YEARS, OCC: BUSINESS,

R/O: SULIKERI VILLAGE,

TQ: BADAMI, DIST: BAGALKOTE.

3 .

SRI.TIMMANNA

S/O YALLAPPA NAYAKAR

AGE: 34 YEARS, OCC: FARMER,

R/O: SULIKERI VILLAGE,

TQ: BADAMI,

DIST: BAGALKOTE.

4 .

SMT.YALLAMMA

W/O SHEKARAPPA INDRI

AGE: 40 YEARS, OCC: FARMER,

R/O: SULIKERI VILLAGE,

TQ: BADAMI,

DIST: BAGALKOTE.

2

5 .

SRI.RAVI

S/O GUNDAPPA BHAJANTHRI

AGE: 30 YEARS, OCC: AGRICULTURE,

R/O: SULIKERI VILLAGE,

TQ: BADAMI, DIST: BAGALKOTE.

6 .

SRI.YAMANAPPA

S/O GUNDAPPA BHAJANTHRI

AGE: 32 YEARS, OCC: AGRICULTURE,

R/O: SULIKERI VILLAGE, TQ: BADAMI,

DIST: BAGALKOTE.

7 .

SRI.SHIVANAND

S/O VARUPAXAPPA INDRI

AGE: 35 YEARS, OCC: AGRICULTURE,

R/O: SULIKERI VILLAGE,

TQ: BADAMI, DIST: BAGALKOTE.

8 .

SRI.RAMESH

S/O SHANKRAPPA WADHAGER

AGE: 31 YEARS, OCC: AGRICULTURE,

R/O: C/O GANGEPPA A KITTALI

SULIKERI VILLAGE, TQ: BADAMI,

DIST: BAGALKOTE.

9 .

SRI.IRANNA

S/O DODDAPPA KERUR

AGE: 35 YEARS, OCC: AGRICULTURE,

R/O: SULIKERI VILLAGE,

TQ: BADAMI, DIST: BAGALKOTE.

10 . SRI.CHANNAVEERAYYA

S/O MUPPAYYA MATHAPATHI

AGE: 39 YEARS, OCC: AGRICULTURE,

R/O: SULIKERI VILLAGE, TQ: BADAMI,

DIST: BAGALKOTE.

3

11 . SRI.GURUNATH HANAMANT KITTALI

AGE: 38 YEARS, OCC: AGRICULTURE,

R/O: SULIKERI VILLAGE, TQ: BADAMI,

DIST: BAGALKOTE.

12 . SRI.HANANGAPPA PBHIMAPPA DONI

AGE: 38 YEARS, OCC: AGRICULTURE,

R/O: SULIKERI VILLAGE, TQ: BADAMI,

DIST: BAGALKOTE.

...PETITIONERS

(BY SRI.: ANAND.R.KOLLI, ADV.)

AND:

1 .

THE STATE OF KARNATAKA

REPRESENTED BY ITS UNDER SECRETARY,

DEPARTMENT OF EDUCATION,

M.S. BUILDING, BENGALURU.

2 .

THE UNDER SECRETARY (I/C)

TO THE GOVERNMENT OF KARNATAKA,

EDUCATION DEPARTMENT,

(PRIMARY EDUCATION),

M.S. BUILDING, BENGLAURU.

3 .

THE COMMISSIONER OF

DEPARTMENT OF PUBLIC INSTRUCTIONS,

M.S. BUILDING, BENGALURU.

…RESPONDENTS

(BY SRI.V.S. KALASOORMATH, HCGP FOR R1 TO R3)

THIS

WRIT

PETITION

IS

FILED

UNDER

ARTICLES 226 AND 227 OF THE CONSTITUTION OF

INDIA PRAYING TO QUASH THE AMENDMENT OF

RULE 4(II) AND AMENDMENT OF RULE 8 ARISING

OUT OF THE IMPUGNED NOTIFICATION DATED

30.01.2019 BEARING NO.ED 36 PGC 2018 ISSUED

BY THE RESPONDENT NO.1, AND DECLARE THAT

AMENDMENT OF RULE 4(II) AND AMENDMENT OF

4

RULE 8 IS AN ULTRAVIRUS/ UNCONSTITUTIONAL

AND THE IMPUGNED NOTIFICATION IS HEREWITH

PRODUCED AND MARKED AS ANNEXURE-C AND

ETC.,

THIS WRIT PETITION COMING ON FOR ORDERS

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Learned

HCGP

accepts

notice

for

respondents.

Counsel for the petitioners has filed memo

for withdrawal of the writ petition.

In view of the submission of the learned

counsel for the petitioners, writ petition is

dismissed as withdrawn.

SD/-

JUDGE

MNS/