Karnataka High Court
M.Bhuvaneshwari vs The State Of Karnatka on 16 March, 2026
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2026:KHC:15420
WP No. 46930 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 46930 OF 2019 (S-RES)
BETWEEN:
M.BHUVANESHWARI
D/O. M. SUBRAYA BHAT,A
AGED ABOUT 45 YEARS,
ASSISTANT TEACHER,
NAVODAYA HIGH SCHOOL,
BETTAMPADY VILLAGE - 574 259,
PUTTUR TALUK, D.K. DISTRICT.
...PETITIONER
(BY SRI. NARAYANA BHAT.M, ADVOCATE)
AND:
1. THE STATE OF KARNATKA
REPRESENTED BY ITS SECRETARY,
DEPT. OF EDUCATION
(PRIMARY & SECONDARY)
Digitally M.S. BUILDINGS,
signed by
MADHURI S BENGALURU - 560 001.
Location: High
Court of 2. THE COMMISSIONER
Karnataka DEPARTMENT OF PUBLIC INSTRUCTIONS,
NRUPATHUNGA ROAD,
BENGALURU - 560 001.
3. THE DEPUTY DIRECTOR
DEPARTMENT OF PUBLIC INSTRUCTIONS,
MALLIKKATTE,
MANGALURU - 575 003.
4. BLOCK EDUCATION OFFICER
DEPARTMENT OF PUBLIC INSTRUCTIONS,
PUTTURU - 575 202.
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NC: 2026:KHC:15420
WP No. 46930 of 2019
HC-KAR
5. NAVODAYA VIDYA SAMITHI (REGD.)
NAVODAYA HIGH SCHOOL,
BETTAMPADY VILLAGE - 574259,
PUTTUR TALUK,
D.K. DISTRICT.
6. NAVODAYA HIGH SCHOOL
BETTAMPADY VILLAGE - 574259,
PUTTUR TALUK, D.K. DISTRICT.
REP. BY ITS HEAD MISTRESS
7. SMT. SWETHA DAS
W/O. SRI. SURESH,
AGED 33 YEARS,
R/AT " SRINIDHI" , URAMALU ROAD,
CHIKKAMUDNOORU VILLAGE & POST,
PUTTUR TALUK,
D.K. DISTRICT - 574 202.
8. THE COMPETENT AUTHORITY
AND THE DEPUTY SECRETARY,
DEPARTMENT OF EDUCATION
(PRIMARY & SECONDARY),
GOVT. OF KARNATAKA,
M.S. BUILDINGS,
BENGALURU-560 001.
...RESPONDENTS
(BY SRI. G. RAMESH NAIK, AGA FOR R-1 TO R-4 & R-8
SRI. M. NAGARAJAN, ADVOCATE FOR R-5 & R-6
SRI. GOVINDARAJ.K.JOISA, ADVOCATE FOR R-7)
THIS W.P IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUITON OF INDIA PRAYING TO CALL FOR RECORDS
PERTAINING TO THE CASE OF THE PETITIOENR AND QUASH THE
IMPUGNED ORDER PASSED IN APPEAL DATED 3.9.2019 PRODUCED AT
ANENXURE-P AS THE SAME IS VIOLATIVE OF ART.14, 16 AND 21 OF THE
CONSTITUTION AND ALSO SUFFERS FROM NON APPLICATION OF MIND
AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B'
GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 46930 of 2019
HC-KAR
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
"(a) Issue a writ of certiorari or any other appropriate writ or order or direction, quashing the impugned order passed in Appeal No. 4/13(ED)115 SLB 2019 dated 3.9.2019 produced at Annexure-P as the same is violative of Art 14,16 and 21 of the constitution and also suffers from non application of mind.
(b) Issue a writ of mandamus or any other appropriate writ or order or direction, directing the respondents to grant all consequential benefits consequent upon quashing the above order
(c) Issue a writ of mandamus or any other appropriate writ or order or direction, directing the respondents No 1 to 6 to continue the petitioner in service as science teacher (CBZ) in the 5th Respondent Institution by paying salary on month to month basis, to meet the ends of justice.
(d) Grant the petitioner the cost of this proceedings;
and Pass such other order or orders as this Hon'ble Court may deem fit and expedient to pass in the circumstances of the case."
2. Heard both sides and perused the material on record.
3. A perusal of the material on record will indicate that at the first instance, the petitioner was appointed as an Assistant -4- NC: 2026:KHC:15420 WP No. 46930 of 2019 HC-KAR Science Teacher (CBZ) on 03.12.2012. Respondent No.7 challenged the same by filing an appeal before the Appellate Authority, which was contested by the petitioner and finally culminated in an order dated 29.09.2019 passed by the Hon'ble Division Bench of this Court in W.A.No.3334/2018, whereby the appeal filed by respondent No.7 before the Appellate Authority was restored to file of the Appellate Authority with a direction to dispose of the same, in accordance with law. The said order passed by the Hon'ble Division Bench of this Court in W.A.No.3334/2018 dated 29.07.2019 reads as under:
"Heard the learned counsel appearing for the appellant, the learned Additional Government Advocate appearing for the first and second respondents, the learned counsel appearing for the third and fourth respondents and the learned counsel appearing for the fifth respondent. The appeal is taken up for final hearing.
2. An advertisement was published by the third and fourth respondents inviting applications for appointment of Assistant Science Teacher possessing qualification of B.Sc. with Chemistry, Botany and Zoology (CBZ) as optional subjects. The post was reserved for Category-1. In the advertisement, it is mentioned that in the absence of candidates belonging to Category-1, the post will be filled in by general candidates.-5-
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3. Both the appellant and the fifth respondent applied on the basis of the said advertisement. The present appellant was selected. The fifth respondent preferred an appeal before the first respondent by invoking Sections 130 and 131 of the Karnataka Education Act, 1983. The Appellate Authority came to the conclusion that the stand of the third and fourth respondents that they had communicated the date and time of the interview to the fifth respondent cannot be accepted. The Appellate Authority noted that there were four applications received for the post, including the applications by the appellant and the fifth respondent. By the order dated 28th February 2015, the Appellate Authority proceeded to set aside the appointment order given to the appellant and directed the third respondent to issue interview call letters to the candidates belonging to Category-1 and call them for interview after granting them a reasonable time. The said order was challenged by the appellant by filing a writ petition before the learned Single Judge. By the impugned order, the learned Single Judge has rejected the petition.
4. The learned counsel appearing for the appellant submitted that the fifth respondent does not possess the requisite qualifications as she has done B.Sc. in Chemistry, Zoology and Microbiology. His submission is that as the fifth respondent is not at all qualified to apply for the post, the appeal preferred by her could not have been entertained at all.-6-
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5. The learned counsel appearing for the fifth respondent supported both the orders. Even the learned counsel appearing for the third and fourth respondents supported the order.
6. We have considered the submissions. The effect of the order dated 28th February 2015 passed by the first respondent is that with a view to give an opportunity to the fifth respondent to appear for the interview, the appointment of the appellant has been cancelled. If the fifth respondent is not at all qualified to apply for the post as per the prescribed qualifications, obviously, the appeal preferred by her could not have been entertained.
7. Therefore, it will be appropriate if by setting aside the impugned orders, the appeal is ordered to be re-heard with a direction to the Appellate Authority to decide whether the fifth respondent is eligible. It follows that if the fifth respondent is not eligible, the question of entertaining a challenge at her instance by way of appeal will not arise.
8. Accordingly, we dispose of the appeal by passing the following order:
(i) The order of the first respondent dated 28th February 2015 in Appeal No.4/2013 is hereby set aside and the said appeal is restored to the file of the first respondent and consequently, the impugned order of the learned Single Judge is also set aside;-7-
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(ii) We direct the appellant, the third and fourth respondents and the fifth respondent to appear before the Appellate Authority on 8th August 2019 at 11 a.m. for fixing the date of hearing. The Appellate Authority shall hear and decide the appeal as expeditiously as possible and preferably, within one month from the date on which the parties appear before it. While deciding the appeal, the Appellate Authority shall decide the question whether the fifth respondent possesses necessary qualifications attached to the post;
(iii) We make it clear that we have made no final adjudication on the qualifications possessed by the fifth respondent and the said issue is left open to be decided by the Appellate Authority;
(iv) The appeal is partly allowed on the above terms.
(v) The pending interlocutory applications do not survive and are accordingly disposed of."
4. It is a matter of record and undisputed fact that the petitioner herein was arrayed as respondent No.3 in the aforesaid appeal filed by respondent No.7. The said appeal filed by respondent No.7, Shwetha Das was allowed by the Appellate Authority vide impugned order dated 03.09.2019, thereby cancelling/revoking/setting aside the appointment of the petitioner -8- NC: 2026:KHC:15420 WP No. 46930 of 2019 HC-KAR as an Assistant Science Teacher in respondent Nos.5 and 6 - School, i.e., Navodaya High School, Bettampady Village, Puttur Taluk, D.K. District.
5. The aforesaid order at Annexure-P dated 03.09.20219 passed by the Appellate Authority cancelling/revoking the appointment of the petitioner as an Assistant Science Teacher in the aforesaid School was assailed by the petitioner before this Court, which granted an interim order dated 09.10.2019 in favour of the petitioner. The said interim order dated 09.10.2019 continues to remain in force and operate between the parties even till today, as a result of which the petitioner continues to work as an Assistant Science Teacher (CBZ) at Navodaya High School, Bettampady Village, Puttur Taluk, D.K. District, while respondent No.7 is awaiting results of the present petition for the purpose of securing appointment in the said school.
6. Learned counsel for the petitioner submits that during the pendency of the present petition, several subsequent events have transpired, as a result of which the petitioner filed I.A.No.1/2025, which was allowed by this Court, vide Order dated 08.04.2025 by holding as under:
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NC: 2026:KHC:15420 WP No. 46930 of 2019 HC-KAR "ORAL ORDER ON I.A.No.1/2025 I.A.No.1/2025 is filed by the petitioner for amendment of the writ petition.
It is seen that the petitioner has claimed that certain vacancies arose in the school managed by Panaje Vidya Vardhaka Sangha which is running a high school by name Subhodha high school at Panaje and at Arla Padavu, which is an aided institution and that the management has not filled up the vacancies that has arisen. She claims that she had submitted representations, consequent to which, certain endorsements were issued to her.
Following this, various other events have occurred during the pendency of this writ petition, which she intends to bring on record in this petition. She has also sought to incorporate additional reliefs in view of the changed circumstances.
A perusal of the application does show that the facts that the petitioner intends to place on record by way of an amendment, have all arisen, after the writ petition is filed. Hence, an opportunity has to be granted to the petitioner to plead these facts and also seek for the additional reliefs. Moreover, the respondents would not be prejudiced, in any manner, whatsoever, if this application is allowed.
Hence, I.A.No.1/2025 is allowed and the petitioner is permitted to amend the writ petition and file an amended writ petition.
Interim order granted earlier is extended till the next date of hearing."
7. In pursuance of the same, the petitioner has carried out amendment and filed amended petition, which is taken on
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NC: 2026:KHC:15420 WP No. 46930 of 2019 HC-KAR record. A perusal of the documents produced along with the amended petition will clearly indicate that during the pendency of the present petition, there arose a vacancy in the post of Assistant Science Teacher at Subodha High School, Panaje at Arla Padavu, which intimated respondent No.3 that they had no objection for the petitioner to be appointed as Assistant Science Teacher (CBZ) in their school, as can be seen from the documents at Annexures- S, in particular Annexures-S4, 10, 11 and 17.
8. Learned counsel for the petitioner submits that the present petition may be disposed of directing respondent Nos.1 to 3 to approve the transfer of the petitioner from Navodaya High School, Bettampady to Subodha High School, Panaje at Arla Padavu and also further direct respondent Nos.1 to 3 to consider the claim of respondent No.7 for appointment as Assistant Science Teacher in terms of the impugned order.
9. Per contra, learned AGA and learned counsel for respondent No.7 submits that they do not have any objection for the aforesaid procedure to be adopted by this court for the purpose of disposal of the present petition.
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10. In view of the aforesaid facts and circumstances and the submissions made by both sides, I deem it just and appropriate to dispose of the petition by issuing certain directions.
11. In the result, I pass the following:
ORDER
(i) The petition is disposed of.
(ii) The concerned respondent Nos.1 to 3 are directed to approve transfer of the petitioner as an Assistant Science Teacher from Navodaya High School, Bettampady Village to Subodha High School, Panaje at Arla Padavu, within a period of one month from the date of receipt of a copy of this order.
(iii) The concerned respondent Nos.1 to 3 are also directed to consider the claim of respondent No.7 for appointment as Assistant Science Teacher in respondent Nos.5 and 6 - School in accordance with law, as per the impugned order and in accordance with law, within a period of two months from the date of receipt of a copy of this order.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE BMC: List No.: 1 Sl No.: 42