Karnataka High Court
Vishwa Bharat Seva Samiti vs The Principal Secretary on 20 January, 2026
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WP No. 106647 of 2016
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 20TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
WRIT PETITION NO. 106647 OF 2016 (EDN-RES)
BETWEEN:
1. VISHWA BHARAT SEVA SAMITI,
SHAHAPUR, BELAGAVI,
(A SOCIETY REGISTERED UNDER THE KARNATAKA
SOCIETIES REGISTRATION ACT, 1960),
R/O. 1644, ALAWAN GALLI, SHAHAPUR,
BELAGAVI, BY ITS PRESIDENT,
SMT. MANGAL W/O ARUN NANDIHALLI,
AGE: 44 YEARS, OCC: PRESIDENT.
2. PRAKASH S/O PARASHURAM NANDIHALLI,
SECRETARY OF THE VISHWA BHARAT SEVA SAMITI,
SHAHAPUR, BELAGAVI, AGE: 49 YEARS,
R/O. 1644, ALAWAN GALLI, SHAHAPUR,
BELAGAVI-590 003.
... PETITIONERS
(BY SRI. SANJAY S. KATAGERI, ADVOCATE)
AND:
MANJANNA
E 1. THE PRINCIPAL SECRETARY,
PRIMARY AND SECONDARY EDUCATION,
Digitally signed by
MANJANNA E
DEPARTMENT OF EDUCATION,
Location: HIGH COURT OF
KARNATAKA DHARWAD M.S. BUILDING, BENGALURU-560 001.
BENCH
Date: 2026.01.28 10:36:08
+0530
2. THE ADDL. COMMISSIONER FOR
PUBLIC INSTRUCTION,
RODDA BAHADUR ROAD,
DHARWAD-580 008.
3. THE UNDER SECRETARY
(SECONDARY EDUCATION),
DEPARTMENT OF EDUCATION,
M.S. BUILDING, BENGALURU-560 001.
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4. VIJAY S/O PARASHURAM NANDIHALLI,
AGE: 55 YEARS, OCC: ALLEGED PRESIDENT OF
VISHWA BHARAT SEVA SAMITI,
SHAHAPUR, BELAGAVI,
(EARLIER REGISTERED UNDER
BOMBAY PUBLIC TRUSTS ACT, 1950),
R/O. 1644, ALAWAN GALLI, SHAHAPUR,
BELAGAVI-590 003.
5. SMT. SUSHMA D/O KRISHNA PATIL,
AGE: 42 YEARS, OCC: ASST. TEACHER,
R/O. 1ST BUS STOP VIJAYNAGAR,
POST: HINDALGA, BELAGAVI-591 108.
6. SMT. VIJAYA D/O NARAYAN PATIL,
AGE: 31 YEARS, OCC: ASST. TEACHER,
R/O. MARUTI GALLI, BENKANHALLI,
POST: HINDALAGA, TAL: BELAGAVI,
DIST: BELAGAVI-591 108.
7. SHRI. VIKAS S/O ANANDRAO PATIL,
AGE: 24 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST: KOLOLI, TAL: PANHALA,
DIST: KOLHAPUR, MAHARASHTRA,
NOW RESIDING AT: PANDIT NEHRU COLLEGE,
SHAHAPUR, BELAGAVI.
8. SHRI. RAJSHEKHAR S/O KRISHNA KAMBLE,
AGE: 39 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST: CAMP, BELAGAVI.
9. SHRI. SURAJ S/O MARUTIRAO YALLURKAR,
AGE: 25 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST: GADHINGLAJ, TAL: GADHINGLAJ,
DIST: KOLHAPUR, MAHARASHTRA,
NOW RESIDING AT: PANDIT NEHRU COLLEGE,
SHAHAPUR, BELAGAVI.
10. SHRI. VINAYAK S/O VENKAPPA GAJKOSH,
AGE: 31 YEARS, OCC: ASST. TEACHER,
R/O. AT PWD QUARTERS, GOKAK,
DIST: BELAGAVI.
11. SHRI. BASAVARAJ
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S/O VIRUPAKSHA HUNSHYAL,
AGE: 31 YEARS, OCC: ASST. TEACHER,
R/O. SHINDI KURBET, TAL: GOKAK,
DIST: BELAGAVI.
12. SHRI. PRASANKUMAR S/O SADHASHIV KURBET,
AGE: 30 YEARS,
OCC: PHYSICAL EDUCATION TEACHER,
R/O. AT IMA HALL ROAD, GOKAK,
DIST: BELAGAVI.
13. SMT. SHRIDEVI D/O BHIMAPPA MUGALIHAL,
AGE: 31 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST: K.K. KOP,
TAL. AND DIST: BELAGAVI.
14. SHRI. PANDU S/O YALLAPPA MAKANNAVAR,
AGE: 30 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST: BADIGWAD,
TAL: GOKAK, DIST: BELAGAVI.
15. SHRI. RAMESH S/O MARUTI KANBARGI,
AGE: 32 YEARS, OCC: KANNADA TEACHER,
R/O. AT/POST: SHINDOLI,
TAL. AND DIST: BELAGAVI.
16. SMT. VARSHATAI D/O MAHADEV KHOT,
AGE: 26 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST: MANOCHIWADI,
TAL: CHIKKODI, DIST: BELAGAVI.
17. SHRI. SHIVAPUTRA S/O RAMACHANDRA SANGALI,
AGE: 41 YEARS,
OCC: PHYSICAL EDUCATION TEACHER,
R/O. AT: SHINDI KURBET, TAL: GOKAK,
DIST: BELAGAVI.
18. SHRI. YALLAPPA S/O GOVIND KALASEKAR,
AGE: 33 YEARS, OCC: ASST. TEACHER,
R/O. AT: AMBEDKAR GALLI, YELLUR,
TAL. AND DIST: BELAGAVI.
19. SHRI. BHAIRU S/O GOVIND PATIL,
AGE: 42 YEARS, OCC: ASST. TEACHER,
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R/O. AT/POST: KARAMBAL, TAL: KANAPUR,
DIST: BELAGAVI.
20. SMT. ROOPA D/O VASANT KULKARNI,
AGE: 26 YEARS, OCC: KANNADA TEACHER,
R/O. SAVARKAR ROAD, POST: TILAKWADI,
BELAGAVI.
21. SHRI. DINKAR S/O RAMLING PATIL,
AGE: 33 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST: TUDAYE, TAL. CHANDGAD,
DIST: KOLHAPUR, MAHARASHTRA,
NOW RESIDING AT: JYOTIRAO PHULE VIDYALAYA,
GORGUNGI, DIST: BELAGAVI.
22. SHRI. MAHESH S/O HANMANTH SABALE,
AGE: 33 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST: OLAMANI, TAL: KHANAPUR,
DIST: BELAGAVI.
23. SHRI. SIDDHARUDH S/O SIDRAM PATIL,
AGE: 27 YEARS, OCC: KANNADA TEACHER,
R/O. AT/POST: MADIHALLI,
TAL: HUKKERI, DIST: BELAGAVI.
24. SHRI. TUKARAM S/O NAGOJI SADEKAR,
AGE: 33 YEARS, OCC: ASST. TEACHER,
R/O. AT POST: JAMBOTI, TAL: KHANAPUR,
DIST: BELAGAVI.
25. SMT. SUJATA D/O SHANKAR CHALVETKAR,
AGE: 27 YEARS, OCC: ASST. TEACHER,
R/O. ROY ROAD, POST: TILAKWADI,
BELAGAVI.
26. SMT. SAROJ D/O RAMAJI JADHAV,
AGE: 42 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST: BIJGANI,
TAL. AND DIST: BELAGAVI.
27. SHRI. NAGENDRA S/O SHIVAJI KARAMBALKAR,
AGE: 29 YEARS, OCC: ASST. TEACHER,
R/O. AT BHALKI, POST: MADIGUNJI,
TAL: KHANAPUR, DIST: BELAGAVI.
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28. SHRI. BHARAT S/O MAHADEV SHINDE,
AGE: 29 YEARS, OCC: ASST. TEACHER,
R/O. AT MANDEDURGA, POST: SUNDI,
TAL: CHANDGAD, DIST: KOLHAPUR,
MAHARASHTRA, NOW RESIDING
AT: SWAMI VIVEKANANDA HIGH SCHOOL,
VEHGAON, DIST: BELAGAVI.
29. SHRI. SANTOSH S/O PANDURANG MELAGE,
AGE: 33 YEARS,
OCC: PHYSICAL EDUCATION TEACHER,
R/O. AT: CHAVAT GALLI, POST: GARLGUNJI,
TAL: KHANAPUR, DIST: BELAGAVI.
30. SMT. VIDYA D/O VISHNU PATIL,
AGE: 30 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST: HADLGE, TAL: GADHINGLAJ,
TAL: GADHINGLAJ, DIST: KOLHAPUR,
MAHARASHTRA, NOW RESIDING
AT: SWAMI VIVEKANANDA HIGH SCHOOL,
VEHGAON, DIST: BELAGAVI.
31. SMT. REKHA D/O SUBHANNA PATIL,
AGE: 30 YEARS, OCC: ASST. TEACHER,
R/O. KANBARGI ROAD, REVENUE COLONY,
BELAGAVI.
32. SHRI. MARUTI S/O BABU PANTHAR,
AGE: 35 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST: KODACHWAD,
TAL: HUKKERI, DIST: BELAGAVI.
33. SMT. SUMAN D/O OMANI BOKADE,
AGE: 36 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST: KANGRALI B.K.,
TAL. AND DIST: BELAGAVI.
34. SMT. DEEPA D/O CHANDRAKANT PATIL,
AGE: 27 YEARS, OCC: ASST. TEACHER,
R/O. MARATHA COLONY, POST: KANGRALI (B.K.)
TAL: BELAGAVI, DIST: BELAGAVI.
35. SMT. MEGHATAI D/O TUKARAM DESAI,
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AGE: 27 YEARS, OCC: ASST. TEACHER,
R/O. AT VITTHAL RAKHUMAI GALLI,
KARLE POST: KINAYE,
TAL. AND DIST: BELAGAVI.
36. SHRI. BALU S/O VITTHAL SALUNKHE,
AGE: 40 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST: SHIVANGE,
TAL. CHANDGAD, DIST: KOLHAPUR,
MAHARASHTRA, NOW RESIDING
AT KARMAVEER VIDYA MANDIR,
PEERANWADI.
37. SHRI. BAPU S/O RAMU KADGAONKAR,
AGE: 43 YEARS, OCC: ASST. TEACHER,
R/O. AT: SAIRAM NIVAS SULAGA,
VENGURLA ROAD, POST: HINDALGA,
TA. AND DIST: BELAGAVI.
38. SHRI. UDAY S/O LAXMAN KOLI,
AGE: 39 YEARS, OCC: KANNADA TEACHER,
R/O. AT: SHINDI KURBET, TAL. GOKAK,
DIST: BELAGAVI.
39. SMT. PRANALI D/O JAYWANT NAIK,
AGE: 32 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST HINDALAGA,
TAL. AND DIST: BELAGAVI.
40. SMT. MEERATAI D/O PANDURANG PATIL,
AGE: 32 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST: NAGARDALE,
TAL. CHANDGAD, DIST: KOLHAPUR,
MAHARASHTRA, NOW RESIDING
AT: HINDALAGA HIGH SCHOOL,
BELAGAVI.
41. SHRI. SATISH S/O RAMLINGA DESAI,
AGE: 27 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST: BELAVATTI,
TAL. AND DIST: BELAGAVI.
42. SHRI. YALLAPPA S/O FAKIRAPPA PUGATI,
AGE: 34 YEARS, OCC: KANNADA TEACHER,
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R/O. AT: AZAM NAGAR, BELAGAVI.
43. SHRI. KRISHNA S/O YALLAPPA SAWANT,
AGE: 36 YEARS, OCC: PHYSICAL EDUCATION TEACHER,
R/O. AT: CHAVAT GALLI, POST: GARLGUNJI,
TAL: KHANAPUR, DIST: BELAGAVI.
44. SMT. RAJSHREE D/O DATTU GADKARI,
AGE: 28 YEARS, OCC: ASST. TEACHER,
R/O. AT SURUTE, TAL: CHANDGAD,
DIST: KOLHAPUR, MAHARASHTRA,
NOW RESIDING AT: V.B.S.S.
GIRLS HIGH SCHOOL, YELLUR,
DIST: BELAGAVI.
45. SHRI. VISHAL S/O BALASO MOHITE,
AGE: 24 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST: KANCHANPUR,
TAL: MIRAJ, DIST: SANGALI,
MAHARASHTRA, NOW RESIDING
AT: V.B.S.S. GIRLS HIGH SCHOOL,
YELLUR, DIST: BELAGAVI.
46. SHRI. VINAYAK S/O LAXMAN ZANGARUCHE,
AGE: 29 YEARS, OCC: ASST. TEACHER,
R/O: SONOLI, POST: BELGUNDI,
TAL. AND DIST: BELAGAVI.
47. SHRI. SHRIKANT S/O MAHADEV NAIK,
AGE: 32 YEARS, OCC: KANNADA TEACHER,
R/O. AT: C/O. RAMESH SONDUR
MAHANTESH NAGAR, MALLAPUR,
P.G. POST GHATAPRABHA,
TAL. GOKAK, DIST: BELAGAVI.
48. SHRI. VINAYAK S/O VILASRAO JADHAV,
AGE: 31 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST: TUDAYE, TAL: CHANDGAD,
DIST: KOLHAPUR, MAHARASHTRA,
NOW RESIDING AT: V.B.S.S. GIRLS HIGH SCHOOL,
BELAGUNDI, DIST: BELAGAVI.
49. SHRI. GAJANAN S/O MALHARI KHAMBLE,
AGE: 28 YEARS, OCC: ASST. TEACHER,
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R/O. AT/POST: TOPINKATTI,
TAL: KHANAPUR, DIST: BELAGAVI.
50. SMT. RAJANANDA D/O PRATAP PATIL,
AGE: 31 YEARS, OCC: ASST. TEACHER,
R/O. AT: SAHYADRI NAGAR,
POST: HINDALAGA-591 108,
TAL. AND DIST: BELAGAVI.
51. SMT. GEETA D/O DUNDAPPA PATIL,
AGE: 33 YEARS, OCC: ASST. TEACHER,
R/O. AT: C/O. PRAKASH KOLI,
AT/POST: KANGRALI B.K.,
TAL. AND DIST: BELAGAVI.
52. SHRI. DINESH S/O ASHOK KHORAGADE,
AGE: 33 YEARS, OCC: ASST. TEACHER,
R/O. AT: JYOTINAGAR GANESHPUR,
POST: HINDALAGA-591 108,
TAL. AND DIST: BELAGAVI.
53. SHRI. SOMNATH S/O ISHWAR MADULKAR,
AGE: 40 YEARS,
OCC: PHYSICAL EDUCATION TEACHER,
R/O. AT: MADAWALE, POST: TURKEWADI,
TAL: CHANDGAD, DIST: KOLHAPUR,
MAHARASHTRA, NOW RESIDING
AT: MADHYAMIK VIDYALAYA,
KANGRALI (B.K.), BELAGAVI.
54. SMT. SUREKHA D/O GAVADU PATIL,
AGE: 27 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST: BASARGE, TAL: CHANDGAD,
DIST: KOLHAPUR, MAHARASHTRA,
NOW RESIDING AT: MADHYAMIK VIDYALAYA,
KANGRALI (B.K.), DIST: BELAGAVI.
55. SMT. UJWALA D/O SHIVAJI HATTIKAR,
AGE: 31 YEARS, OCC: ASST. TEACHER,
R/O. AT: KALMESHWAR GALLI, YELLUR,
TAL. AND DIST: BELAGAVI.
56. SMT. SADHANA D/O BHARMU HANNURKAR,
AGE: 33 YEARS, OCC: ASST. TEACHER,
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R/O. AT: C/O. B.N. GOUDADKAR,
SHRINATH NAGAR, POST: HINDALAGA-591 108,
TAL. AND DIST: BELAGAVI.
57. SHRI. KALINDAR S/O GUNDU MENASE,
AGE: 27 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST: SHINOLI KHURD,
TAL: CHANDGAD, DIST: KOLHAPUR,
MAHARASHTRA, NOW RESIDING
AT: MADHYAMIK VIDYALAYA,
KARALE, TALUK: BELAGAVI.
58. SHRI. SACHIN S/O SHIVAJI PATIL,
AGE: 33 YEARS, OCC: ASST. TEACHER,
R/O. AT/POST: MALE, TAL: HATHKANGALE,
DIST: KOLHAPUR, MAHARASHTRA,
NOW RESIDING AT: MADHYAMIK VIDYALAYA,
NANDIHALLI, TALUK: BELAGAVI.
59. SHRI. BHARMANNA S/O KRISHNA KAMBLE,
AGE: 34 YEARS, OCC: ASST. TEACHER,
OCC: AT/POST: TURKEWADI,
TAL: CHANDGAD, DIST: KOLHAPUR,
MAHARASHTRA, NOW RESIDING
AT M.V. HIGH SCHOOL,
DHAMANE, TQ: BELAGAVI.
... RESPONDENTS
(BY SRI. ASHOK T. KATTIMANI, AGA FOR R1 TO R3;
SRI. NANDISH PATIL, ADVOCATE FOR
SRI. F.V. PATIL AND SRI. RAMESH N. MISALE,
ADVOCATES FOR C/R4;
SRI. RAMESH N. MISALE, ADVOCATE FOR R5, R33, R35 AND R45;
SMT. POOJA HEDGE, ADVOCATE FOR R6, R11, R12, R15,
R16, R26, R30, R39, R47, R48, R49, R55 AND R56;
SERVICE OF NOTICE TO R8 IS HELD SUFFICIENT
V/O/DATED 05.06.2024;
SMT. GEETA K.M. ADVOCATE FOR R7, R9, R10, R13, R14,
R17 TO R29, R31, R32, R38, R42 TO R44, R50, R51,
R53 TO R55, R57 AND R58;
R37, R40, R41, R46, R52, R59 ARE SERVED;
SERVICE OF NOTICE TO R34 AND R36 ARE HELD
SUFFICIENT V/O/DATED 10.10.2019)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR
ORDER OR DIRECTION, BY QUASHING THE IMPUGNED DIRECTION IN
NO. Er 38 J¸ïNºÉZï 2014 DATED: 13.06.2016 AS PER ANNEXURE-V
HEREIN ISSUED BY THE RESPONDENT NO.1 HEREIN THROUGH THE
RESPONDENT NO.3 HEREIN AND THE CONSEQUENTIAL IMPUGNED
ORDER DATED: 30.06.2016 IN NO. f5/±Á²C/SÁºÀÄvÀÄ/«¨sÁ/73/2012-13/1341
AS PER ANNEXURE-X HEREIN PASSED BY THE RESPONDENT NO.2
HEREIN, AND THEREBY ALLOWING THIS WRIT PETITION AND ETC.
THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
ORAL ORDER
Petitioners, claiming to be the president and secretary of Vishwa Bharata Seva Samiti registered under the Karnataka Societies Registration Act, 1960 ('KSR Act' for short), are calling in question the Government direction dated 13.06.2016 and the consequential approval order dated 30.06.2016, whereby appointments made to certain aided teaching posts were approved. Brief facts:
2. Respondent No.4-Trust is a long standing institution registered under the Bombay Public Trust Act,
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NC: 2026:KHC-D:611 WP No. 106647 of 2016 HC-KAR 1950, managing aided educational institutions for several decades. Due to internal disputes, elections to the managing committee were conducted pursuant to the direction of the Apex Court. In the said election, the group now represented by petitioners lost the election. Subsequent thereto, the petitioners formed and registered a separate society under the KSR Act, claiming a right to manage the same institutions, which led to multiple rounds of civil and writ litigations.
3. The civil suits between the parties resulted in a temporary injunction orders, restraining the petitioner- Society from interfering with the management and administration of the institutions, which injunction confirmed through appellate proceedings and ultimately by the Apex Court. In the meanwhile, proposals relating to appointment of teaching staff were considered by the competent authorities, resulting in issuance of the impugned Government direction dated 13.06.2016 and approval order dated 30.06.2016, approving only a limited
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NC: 2026:KHC-D:611 WP No. 106647 of 2016 HC-KAR number of posts after scrutiny. Challenging the said order, the present writ petition is filed.
4. Learned counsel appearing for the petitioners contends that the appointments were approved in violation of the statutory recruitment rules and mandatory procedures and that a prior approval was not obtained and therefore the approval orders are illegal and arbitrary.
5. Per contra, learned counsel appearing for the respondents submits that the petitioners lack locus standi, as they stand restrained by Civil Court injunction, which is affirmed by the Apex Court, from interfering with the management of the institutions. It is submitted that the earlier writ petitions and connected proceedings have conclusively settled the issue of management and authority. On merits, it is contended that the approving authority independently scrutinized the proposal and approved only eligible appointments, strictly in accordance with law.
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6. This Court has carefully considered the rival contentions urged, the point that arises for consideration is:
"Whether the petitioners have locus standi to maintain the writ petition and whether the impugned order calls for interference?"
7. In O.S.Nos.546/2013 and 1178/2013, injunction order was passed restraining the petitioner's society from interfering with the management of the aided institutions. The said order was affirmed by the Apex Court in Civil Appeal Nos.3492-3494/2018 vide order dated 03.04.2018, which is culled out as under:
"ORDER Leave granted.
Heard the learned counsel for the parties. The matters arose out of the injunction order in OS No.1178/2013 passed by the trial court restraining the respondents from interfering with the management of the institution.
This order passed by the trial court has been affirmed by the High Court. At the same time, the High Court without any prayer from any party or
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NC: 2026:KHC-D:611 WP No. 106647 of 2016 HC-KAR any application for that purpose has observed that it would be appropriate for the trial court to appoint an independent body for management of the affairs of the institution.
Aggrieved by the said portion of the order, plaintiffs in O.S.No.1178/2013 have come up to this Court.
After hearing the learned counsel for the parties, we deem it appropriate to set aside that portion with respect to the appointment of independent body as that was not the prayer made before the trial court by any of the parties. It was not appropriate for the High Court to venture into that area.
However, it would be open to the parties to make such a prayer independently, before the trial court in case if they so deem fit. The trial court to decide the matter on its own merits, uninfluenced by any of the observations made by the High Court. Thus, we set aside the aforesaid portion of the order of the High Court and allow the appeal.
The trial court to make an endeavour to decide the suit as early as possible.
The appeals are allowed to the aforesaid extent.
No order as to costs."
(Emphasis supplied)
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8. In light of the said order, the petitioner's society is judicially interdicted from claiming any right of management or administration over the institutions run by respondent No.4-Trust. Once such order restrained operates, the petitioners cannot be permitted to circumvent by invoking writ jurisdiction to indirectly challenge administrative action arising out of the management of the institutions. The petitioners are neither the recognized management nor they possess any statutory right under the Karnataka Education Act, 1963 or the Rules to question the approval of appointments. The challenge is by a third party in a service matter without any employer or employee or statutory relationship. In view of the above, this Court finds that the petitioners do not have a requisite locus standi to maintain the present writ petition on this ground alone, the writ petition is liable to be dismissed. Even otherwise on perusal of the material on record, it indicates that the approving authority had not mechanically approved all the proposed posts, but has approved only a limited number of
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NC: 2026:KHC-D:611 WP No. 106647 of 2016 HC-KAR appointments which demonstrate independent scrutiny and application of mind.
9. Earlier writ proceedings relating to approval of appointments including W.P.No.107368/2014 and connected W.P.No.101276-101353/2015, culminated in direction requiring the competent authority to reconsider the matter in accordance with law, and the said exercise has been undertaken.
10. The judgments relied upon by the petitioners in the cases of i. M.P. State COOP. Bank ltd. Bhopal Vs. Nanuram Yadav and Others1 (Nanuram Yadav) ii. Renu and Others Vs. District and Sessions Judge, Tis Iiazari Courts, Delhi and Another2 (Renu), iii. Union of India and Another Vs. Raghuwar Pal Singh3 (Raghuwar Pal), iv. Amrit Yadav Vs. The State of Jharkhand and Others4 (Amrit Yadav) and v. State of West Bengal Vs. 1 (2007) 8 SCC 264 2 (2014) 14 SCC 50 3 (2018) 15 SCC 463 4 C.A.No(s).13950-13951/2024
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NC: 2026:KHC-D:611 WP No. 106647 of 2016 HC-KAR Baishakhi Bhattacharyya (Chatterjee) and Others5 (Baishakhi), lay down the principle that the appointments contrary to the statutory rules cannot be protected. There can be no quarrel with the said proposition. However, those decisions do not advance the petitioners' case, as the foundational requirement of local standi itself is absent and in any event, the competent authority has exercised jurisdiction vested in it.
11. For the foregoing reasons, the point framed for consideration is answered accordingly and this Court holds that the writ petition is not maintainable for want of locus standi and is devoid of merit. Accordingly, the writ petition stands dismissed.
Sd/-
JUSTICE K.S.HEMALEKHA AT CT:VH LIST NO.: 1 SL NO.: 48 5 C.A.No.4800/2025