Karnataka High Court
Veman Vidyavardhak Sangha ... vs The State Of Karnataka on 2 February, 2026
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NC: 2026:KHC-D:1425
WP No. 100595 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 2ND DAY OF FEBRUARY 2026
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
WRIT PETITION NO. 100595 OF 2026 (EDN-RES)
BETWEEN:
VEMAN VIDYAVARDHAK SANGHA
HUBBALLI-DHARWAD,
HAVING ITS OFFICE AT
K.H.PATIL COLLEGE CAMPUS, VIDYANAGAR,
TQ: HUBBALLI, DIST: DHARWAD-580031,
REPRESENTED BY ITS SECRETARY.
...PETITIONER
(BY SRI. K.L.PATIL, SRI. S.S.BETURMATH,
AND SRI. S.A.SONDUR, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
THROUGH DEPARTMENT OF SCHOOL EDUCATION,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
VIDYAN SOUDHA, BENGALURU-560001.
2. DEPUTY DIRECTOR (ADMINISTRATION)
SCHOOL EDUCATION DEPARTMENT,
RODDA ROAD, TQ AND DIST. DHARWAD-580001.
Digitally
3. THE BLOCK EDUCATION OFFICER, NAVALGUND
signed by
MANJANNA E
Location:
HIGH COURT
TQ. NAVALGUND, DIST. DHARWAD-582208.
MANJANNA OF
E KARNATAKA
DHARWAD
BENCH
...RESPONDENTS
Date:
2026.02.13
12:02:01
+0530
(BY SRI. PRAVEEN K.UPPAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INIDA, PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT
BEARING NO.G2/SHA.SHI.A/KHAHUTU/VEMANA/65/ 2023-24/5070
DATED 10/12/2025 ISSUED BY RESPONDENT NO.2 VIDE ANNEXURE-
F.2; CONSEQUENTLY, ISSUE A WRIT IN THE NATURE OF MANDAMUS
DIRECTING THE RESPONDENTS TO GRANT APPROVAL TO THE
PETITIONER FOR FILLING UP OF THE POST OF ASSISTANT TEACHER
IN CBZ SUBJECT ALONG WITH SANCTION OF GRANT IN AID AND
OTHER STATUTORY GRANTS, IN THE INTEREST OF JUSTICE AND
EQUITY AND ETC.
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NC: 2026:KHC-D:1425
WP No. 100595 of 2026
HC-KAR
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
ORAL ORDER
The petitioner has approached this Court calling in question the endorsement dated 10.12.2025 issued by the respondent No.2-Deputy Director (Administration) School Education Department whereby, the petitioner has been called upon to produce a PTR sheet or approval of the Managing Committee from the District Court, as a pre- condition for granting approval to fill up an aided posts of Assistant Teacher (CBZ).
2. Brief facts;
The petitioner is a registered educational society running four recognized educational institutions in Dharwad and Gadag Districts. The petitioner was originally registered under the Bombay Public Trust Act, 1950 (for short '1950 Act') and submits that it continues to exist as a valid educational trust. In the year 2025, the petitioner initiated -3- NC: 2026:KHC-D:1425 WP No. 100595 of 2026 HC-KAR the selection process to fill up one aided post of Assistant Teacher in Chemistry, Biology and Zoology (for short 'CBZ') subject. Upon completion of the selection process, the proposal was forwarded through channel to the competent authority for approval.
3. By communication dated 19.06.2025, the respondent authorities sought certain documents including staff registers, vacancy details and PTR sheet. The petitioner submitted a detailed reply on 15.07.2025, producing all relevant documents and specifically pointing that,
1) The petitioner is already a registered Trust,
2) There is no statutory requirement to obtain registration under the Religious and Charitable Trust Act, 1920 or approval of the managing committee from the District Court, and
3) Insistence on PTR sheet is legally untenable. -4-
NC: 2026:KHC-D:1425 WP No. 100595 of 2026 HC-KAR
4. It is stated that despite reply and despite the several binding decisions of this Court, the respondent No.2 issued the impugned endorsement dated 10.12.2025 reiterating the very same demand. Aggrieved, petitioner has approached this Court in this writ petition.
5. Learned counsel for the petitioner submits that insistence on production of the PTR sheet or approval of the managing committee from the District Court is contrary to law and unsupported by any statutory provision. He submits that the issue involved in this petition is no longer a res integra in view of the judgment of this Court in the case of Sardar Veeranagouda Patil Vs. The State of Karnataka1 (Sardar), wherein the similar demands were held impermissible, the Division Bench decision in WA No.100006/2022 dated 27.08.2024 has categorically made the aspect clear.
6. Per contra, the Learned Additional Government Advocate for respondents-State sought to justify the 1 WP No.106556/2023 D.D.04.01.2024 -5- NC: 2026:KHC-D:1425 WP No. 100595 of 2026 HC-KAR endorsement on the basis of the administrative structures and procedural compliance, contending that the approval cannot be granted without the demanded documents.
7. This Court has carefully considered the rival submissions and perused the material on record. The point that arises for consideration is;
Whether the authorities are justified in insisting for a PTR sheet or the approval of the managing committee of the District Court as a condition prescribed for granting approval to fill up the aided teaching post?
8. The Co-ordinate Bench of this Court in Sardar's case has categorically held that insistence on production of PTR sheet for processing approval of aided post is unsustainable. The Division Bench decision in WP No.100006/2022 has further clarified that the repeal of the 1950 Act, does not extinguish the existence of personal or legal personality of the Trust registered thereunder and that -6- NC: 2026:KHC-D:1425 WP No. 100595 of 2026 HC-KAR Sections 3 and 7 of the Religious and Charitable Trust Act, 1920, do not mandate approval of managing committee. The Division Bench has also held that the executive circulars cannot impose obligations or conditions, which are not contemplated by the statute.
9. In light of the decision of the Division Bench, the reliance placed by the respondents on the circular dated 09.03.2004 is wholly misconceived. The petitioner has already furnished all relevant documents required for considering the approval of the aided post. The repeated insistence on PTR sheet and District Court approval, despite the decisions rendered in Sardar's case and the decision in WA No.100006/2022 clearly demonstrate non application of mind amounts to an arbitrary exercise of the power.
10. This Court is of the considered view that the impugned endorsement dated 10.12.2025 is illegal, arbitrary and contrary to the law laid down by this Court -7- NC: 2026:KHC-D:1425 WP No. 100595 of 2026 HC-KAR and the point framed for consideration is answered accordingly, and this Court pass the following;
ORDER
i) The writ petition is allowed.
ii) The impugned endorsement dated
10.12.2025 is hereby quashed.
iii) The respondent-authorities are directed
to consider and grant approval for filling up the aided post of the Assistant Teacher for Chemistry, Biology and Zoology subject in accordance with law without insisting upon PTR sheet or District Court approval, within a period of four (4) weeks from the date of receipt of the copy of this order.
Sd/-
JUSTICE K.S.HEMALEKHA PJ/Ct:VH List No.: 1 Sl No.: 27