Manjunatha N vs The State Of Karnataka on 14 May, 2026

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    Karnataka High Court

    Manjunatha N vs The State Of Karnataka on 14 May, 2026

    Author: S.R.Krishna Kumar

    Bench: S.R.Krishna Kumar

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                        HC-KAR
    
    
    
                            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,
    Digitally signed        MORARJI DESAI RESIDENTIAL SCHOOL,
    by CHANDANA             KUDIGE KUSHALNAGAR TALUK, KODAGU,
    BM
                            RESIDING AT MULLUSAGE VILLAGE AND POST,
    Location: High          KUSHALNAGAR HOBLI, SOMWARPET TALUK,
    Court of
    Karnataka               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,
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         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,
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          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.
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    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,
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           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
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                                      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;

    SPONSORED

    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.

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    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.

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    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 order:-

    “5. All the writ appeals are accordingly
    disposed of in terms of the judgment dated
    21.02.2013 passed in W.A.Nos.5127/12 and
    W.A.Nos.5183-61/12 with connected appeals. The
    operative portion of the judgment dated 21.2.2013
    reads thus:

    “The writ appeals filed by the appellant-
    Society are dismissed. The service weightage shall
    be awarded to those teachers who are in service as
    on the date when the Cadre and Recruitment
    Regulations came into force. The appellant shall
    accommodate the respondents without disturbing the
    candidates who have already been selected by the
    appellant.”

    However, there shall be no order as to costs.”

    5. A Chart in a Tabular Form is also produced,
    wherein the details of various petitioners including private
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    respondents herein and the Chart provides for the details of
    the name of the persons, the subject against which the
    application is made, the Institution where he/she has
    discharged duties earlier, writ appeal number, number of
    years of service put-in, marks secured in the entrance exam
    and the weightage marks given, total marks secured,
    cut-off marks and the category against which they have
    applied.

    6. On perusing the marks secured, it is seen that
    respondent Nos.1 to 3 have secured 57.11, 58.5 and 45.96
    respectively and the cut-off marks are 63.45, 63.3 and 61.35
    respectively. Interestingly, the weightage marks have not
    been added. If the weightage marks, as settled by this Court
    i.e., at the rate of 5% per year is calculated then respondent
    Nos.1 and 2 would be entitled to 15 % and respondent No.3
    would be entitled to 20 %.

    7. Learned Senior counsel would contend that
    respondents have served the Institution for a truncated
    period and not for a fully completed year and in the light of
    the Cadre and Recruitment Regulations, which provides for
    awarding of weightage marks only for completed year, the
    respondents would be entitled to 10, 10 and 15 marks.

    8. Even if the same are taken as correct, for the
    sake of arguments, even then the respondents would fairly
    secure more than the cut-off marks and thereby render them
    eligible for consideration. In that view of the matter, we are of
    the considered opinion that the instant writ appeal would not
    survive for consideration.

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    9. If the marks secured by respondent Nos.1 and
    2 and the weightage marks even if calculated for 2 years
    each, respondent No.1 would have secured 67.11 marks and
    the cut-off being 63.45, respondent No.1 is entitled to be
    appointed. Respondent No.2 would have secured 68.5
    marks and the cut-off being 63.3, respondent No.2 is entitled
    to be appointed.

    10. Learned counsel for respondent No.3 would
    invite the attention of the Court to Annexure-G (running page
    No.93) of the writ appeal being service particulars issued by
    the Principal of the School and would point out that
    respondent No.3 has been in service from 2006-2007 to
    2011-2012 and if the service which is alleged to have been
    truncated in the year 2006-2007 and 2010-2011 are not
    counted, even otherwise, he has completed four years of
    continuous service.

    11. The said document is not disputed by the
    appellant-Institution. If that be the case, then respondent
    No.3 would be entitled for weightage of marks for the year
    2007-08, 2008-09, 2009-10, 2011-12. In all, he would be
    entitled to 20% weightage marks. In that event, if 20 marks is
    added to the marks obtained by him in the qualifying
    examination, the total marks would come to 65.96, which is
    well above the cut-off marks which is 61.35. Hence,
    respondent No.3 is also entitled to be appointed.

    12. We make it clear that the issue of awarding of
    weightage marks for partially completed year of service is not
    decided in these appeals as the respondents are even

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    otherwise entitled to be appointed. The fact also remains that
    they have already been appointed subject to the result of the
    writ petition.

    In that view of the matter, the Writ Appeal does not
    survive for consideration. Accordingly, the Writ Appeal
    stands rejected.”

    In W.P.Nos.8113-8131/2015 and connected
    matters, it is held as under:

    “All these petitioners, who are Teachers of various
    Schools working under the control of the Respondent No.3 –
    Karnataka Residential Educational Institutions Society
    (‘KREIS’ for short) are before this Court for the following
    reliefs:

    a) Issue a writ of mandamus or any other
    appropriate writ order or direction holding that Tippani
    bearing No. Nil dated 2.12.2014 produced at
    Annexure-E1 is illegal and is opposed to Articles 14,16
    and 21 of the Constitution and also is opposed to the
    orders passed by this Hon’ble Court to meet the ends
    of justice.

    b) Issue a writ of certiorari or any other
    appropriate writ, order or direction directing the
    respondents quashing the Select List bearing reference
    No. KA.VA.SHE.SA.SA/ADALITHA/HOO. NE/CR-01-

    2013-14 dated 10.12.2014 produced at Annexure-F as
    the same is illegal and violative of Article 14,16 and 21
    of the Constitution.

    c) Issue a writ of mandamus or any other
    appropriate writ order or direction directing the
    respondents grant weightage of 5% for each academic
    year’s service irrespective of the date of appointment
    and proportionate weightage to the service which is
    less than one half of the academic year and further
    consider the cases of the petitioner for appointment to

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    the posts to which they have applied to meet the ends
    of justice.

    d) Issue a writ of mandamus or any other
    appropriate writ order or direction directing the
    respondents grant weightage to the service put by the
    petitioners irrespective of the subject taught by them
    the case of the petitioners for the appointment to meet
    the ends of justice.

    e) Issue a writ mandamus or any other
    appropriate writ order or direction directing the
    respondents consider the objections filed by the
    Petitioner and ascertain the service put by the
    Petitioner from the school records without the
    intervention of the teachers and principals who were
    appointed during the pendency of the WP 20204-
    364/2011 and WA 5127/2012 to meet the ends of
    justice.

    f) Issue a writ of mandamus or any other
    appropriate writ order or direction directing the
    respondents include the names of the petitioners in the
    final select list and further consider the case of the
    petitioner for appointment to the posts of
    Principals/Teachers in the services of the schools
    run/controlled by the Karnataka Residential Institutional
    Society from the date on which the respondents have
    appointed Teachers and Principals in the year
    2012/with effect from occurrence of the vacancy or
    whichever is earlier and grant them fixation of pay,
    arrears of salary and increments and all the
    consequential benefits to meet the ends of justice.

    2. Learned counsel for the petitioners in these writ
    petitions has filed a memo dated 22.10.2019, today, in the
    open Court to dismiss the prayer (b) as not pressed, with
    liberty to the petitioners to approach this court, if need arises
    in future, in separate Proceedings.

    3. The memo dated 22.10.2019 is placed on record.
    Accordingly, the prayer (b) in these writ petitions is dismissed
    as not pressed, with liberty to the petitioners approach this

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    Court, if need arises in future, in separate Proceedings, in
    accordance with law.

    4. It is the case of the petitioners that they are
    qualified to be appointed to the posts of Teachers/Principals
    and they were appointed as Principals/Teachers and now
    they are wrongfully relieved from service. Each one of them
    has a Bachelor’s/Master’s Degree in the discipline of Arts/
    Science/Mathematics or equivalent qualification. Some of
    the petitioners have passed Bachelor’s Degree in Education
    or possess equivalent qualification and some of them are
    qualified to be appointed as Principals. Every one of them
    were appointed either to the post of Principal or as Teacher
    during the ‘No Rule Period’ in Morarji Desai Residential
    Schools or in Morarji Desai Residential Schools for the
    Minorities, Kittur Rani Chennamma Schools or in Ekalavya
    Model Residential Schools, which are situated in different
    parts of Karnataka working under the 3rd respondent. It is
    further contended that all the above schools were started as
    a succor to the talented children who could not afford quality
    education. The State Government took initiative by following
    the Scheme of the Central Government under which Javahar
    Navodaya Vidyalayas were started.

    5. It is further case of the petitioners that as on the
    date of filing these writ petitions, there are about 600 schools
    which are under the control of the Department of Social
    Welfare and there are another 50 to 60 Schools which are
    under the control of Minority Department of Government of
    Karnataka. More than 100 schools are in the pipelines as

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    per the statement made by the Minister for Social Welfare on
    the floor of the house in the Belgaum Session of the
    Legislature which has appeared as a news item in ‘Prajavani’
    dated 19.12.2014. Originally, Schools were started in
    different names and now there are only five categories of
    Schools viz., 1) Morarji Desai Residential Schools which
    include Schools meant for students from the BCM
    Category/SC-ST category; 2) Ekalavya Model Residential
    Schools meant for ST students, wherein 75% of the students
    are admitted from SC-ST category and 25% from other
    categories; 3)Kithur Rani Chennamma Schools which are
    meant for girls; 4) A.B. Vajapayee Residential Schools – Co-
    education and 5) Morarji Desai Residential Schools for
    Minorities. All the above Schools are under the control of the
    3rd respondent – KREIS. The 5th category which is under
    the control of the 3rd respondent – KREIS is sought to be
    handed over to the Department of Minorities, which is yet to
    be done. The State Government in its order dated 22.6.2001
    as per Annexure-A1 made proposal for transfer of residential
    schools to the 3rd respondent – KREIS. Thereafter, the
    Government decided to continue the schools under its
    management as could be seen from the order dated
    5.10.2004 as per Annexure-A2.

    6. It is further case of the petitioners that the
    Government by its order dated 21.10.2009 had constituted a
    Committee to make recruitments. Identical orders were
    issued in the past. By the said order, a Committee was
    constituted under the Chairmanship of the Deputy
    Commissioner. The said Committee was authorized to

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    recruit Teachers as per the Government Order dated
    21.10.2009. When they were recruited, there was a
    notification inviting applications and there was a written test
    followed by an Interview. Thereafter, a select list of eligible
    candidates was prepared and based on the said select list
    and by following roster and also by complying with the
    reservation policy, the above Petitioners appointed.
    Thereafter, orders of appointment came to be issued in their
    favour. The Zilla Panchayaths were recruiting Teachers to
    the above schools for good length of time till they were
    handed over the KREIS. Annexure-A5 dated 17.5.2010 is
    the recruitment notification issued by the Deputy
    Commissioner and Annexure-A6 prescribes the qualification.
    In pursuant to the said notifications, candidates submitted
    their applications and subsequently, they were asked to
    undergo a written test and interviews also conducted.
    Nehru Yuvaka Kendra was one of the Agency in several
    districts through which the respondents got the orders of
    appointment issued to the Teachers and Principals. Kenoics
    was another organization chosen by the respondents to
    issue the orders of appointment to the Teachers selected by
    the Committee constituted by the respondents.

    7. It is further case of the petitioners that their
    appointment was not a back door entry. There was no
    transgression of any rules. The selection was done after
    issue of a notification, followed by a written test and Interview
    and all the trappings of regular recruitment were followed
    while making the said recruitment and there was no private
    Agency in the picture till the selection took place. The Zilla

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    Panchayats at the instance of the respondents constituted a
    Committee for recruitment of Teachers and Principals.
    Private agencies were roped in thereafter for the reasons
    best known to the respondents, and got issued orders of
    appointment through the said agencies. The said agencies
    are not contractors within the meaning of the Contract
    Labour (Regulations and Abolition) Act
    . None of the
    respondents had taken permission to employ contract labour
    nor the contractor engaged by the respondents had
    registered himself/itself and obtained licenses as required
    under the provisions of the said Act.

    8. It is further case of the petitioners that when the
    petitioners were appointed, there were no recruitment rules
    in force as already stated. Thereafter, the Management of
    the Schools was handed over to the KREIS by the
    Government and the Zilla Panchayat. The KREIS started
    exceeding its limits and therefore, the Government decided
    to wind up KRIES at one point of time. But, KRIES
    continued to exist and the Government backed out of the
    proposal of winding it up for the reasons best known to it.

    9. It is further case of the petitioners that ultimately,
    the State Government finally decided to frame recruitment
    rules for KRIES and Draft Recruitment Rules were framed by
    the Government and the same were published and
    objections were filed by several Teachers. Despite filing
    objections, without considering the same, the Draft Rules
    published were made final. The Rules provided for grant of
    weightage to the petitioners and similarly situated Teachers

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    who were selected by the Committee constituted under the
    Government Orders by the Zilla Panchayaths under the
    Chairmanship of the Deputy Commissioner and appointed
    through the agencies. By misinterpreting the Rules, the 3rd
    respondent – KREIS only favoured the Teachers who were
    recruited by KREIS, which was one of the Contractor at the
    said point of time as it had no administrative control over the
    Schools.

    10. It is further case of the petitioners that in the
    circumstances, Teachers were compelled to approach this
    Court by filing Writ Petition Nos.20204-20364/2011 and
    connected matters. This Court considering the rival
    contentions of both the parties by its order dated 13.7.2012
    allowed the said Writ Petitions in part and issued certain
    directions directing the respondents therein to regularize the
    Principals and Teachers appointed prior to 2004-05 and
    continued in service as on the date of Absorption
    Regulations, 2011 came into force subject to fulfilling the
    other conditions. Aggrieved by the said order passed by the
    learned Single Judge of this Court, KREIS filed Writ Appeal
    No.5127/2012 and connected matters. The Division Bench
    of this Court by its Judgment dated 28.2.2013 dismissed the
    Appeals affirming the view taken by the learned Single Judge
    that the respondents therein i.e, Principals/Teachers are
    entitled for service weightage. Aggrieved by the said order,
    the 3rd respondent – society also filed SLP (civil)
    No.30845/2013 and connected matters, which came to be
    dismissed on 9.9.2013. In the mean time, there were
    series of discussions between the respondents and

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    representatives of Teachers, who were required to be
    removed on re-doing select list. A Tippani dated 2.12.2014
    came to be issued for publication of second provisional list
    as per Annexure-E1.

    11. It is further case of the petitioners that inspite of
    the directions issued by this Court, affirmed by the Division
    Bench and reaffirmed by the Hon’ble Supreme Court, the
    select list of eligible candidates does not contain the names
    of the petitioners and the same is illegal and the Teachers
    who were appointed during the ‘no rule period’ cannot be
    held to be not eligible after the rules are introduced.
    Therefore, the inaction on the part of the respondents in not
    selecting the petitioners is violative of Articles 14, 16 and 21
    of the constitution of India. Therefore, the petitioners are
    before this Court for the reliefs sought for.

    12. The respondents including the State Government
    have not filed objections.

    13. I have heard the learned counsel for the parties to
    the lis.

    14. Sri M. Narayana Bhat, Sri K.B. Narayana Swamy,
    Sri N. Nagaraja Rao and Sri Deepak, learned counsel for the
    petitioners in these writ petitions contended with vehemence
    that select list has been prepared on the basis of the
    particulars furnished by the Teachers appointed during the
    pendency of the earlier proceedings. The said Teachers had
    furnished factually incorrect particulars for the purpose of the
    preparation of the list. If the select list is re-done, the
    Principals and Teachers appointed would lose their position.

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    The present list is prepared on the basis of the information
    furnished by the interested parties. The Annexure-E1 –
    Tippani dated 2.12.2014 issued by the respondents is in
    violation of Articles 14, 16 and 21 of the Constitution of India.
    They further contended that the names of the petitioners are
    not included in the list which was published by the KREIS.
    The publication of the list was brought to the notice of this
    Court in Contempt Petition filed by the Teachers. It was
    stated by the respondents that they have complied with the
    orders passed by this Court. Recording the said statement,
    the Contempt Proceedings were dropped. They would
    further contend that the impugned Tippani as per Annexure-
    E1 dated 2.12.2014 is issued without following the rules and
    orders passed by this Court and the same is violative of
    Articles 14, 16 and 21 of the Constitution of India and the
    same cannot be sustained. They further contended that the
    writ petitions and writ appeals are all concluded as far back
    as in the year 2012 and 2013 respectively. Despite lapse of
    two years’ time as on the date of filing the present writ
    petitions, the respondents did not comply the orders passed
    by this Court. Therefore, the impugned action of the
    respondents cannot be sustained and directions as sought
    for shall be granted.

    15. It is further contended that the petitioners had
    given all their particulars in the earlier round of writ petitions.
    None of the said facts were disputed. It was not the case of
    the respondents in the earlier round of proceedings that the
    petitioners are not entitled to weightage. The Division Bench
    of this Court while confirming the order passed by the

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    learned Single Judge, has in categorical terms recorded a
    finding that the petitioners are entitled to weightage and
    regularization of their service. Now, it is not open to the
    respondents to change the very basis of preparation of the
    list. Therefore the impugned action of the respondents
    cannot be sustained. It is further contended that since the
    petitioners are entitled to award of 5% of marks for a year’s
    service, for part of year’s service, proportionate weightage is
    required to be extended. The services of the petitioners
    were utilized by the respondents irrespective of their
    academic qualification. Now, technicalities are sought to be
    cited for depriving them of the weightage for each completed
    year of service. This should not have been done by the
    respondents. It is in utter violation of the directions issued by
    the learned Single Judge in the Writ Petitions, which is
    affirmed by the Division Bench in the Writ Appeals and re-
    affirmed by the Hon’ble Supreme Court in SLP. Therefore,
    the petitioners sought to allow the writ petitions for the reliefs
    sought for.

    16. Per contra, Sri Nagaiah, learned counsel for the
    3rd respondent in all these Writ Petitions sought to justify the
    action of the respondents and contended that the 3rd
    respondent has not directly appointed the petitioners and
    they were appointed by the outside Agency under the control
    of the 3rd respondent and inspite of following the procedure
    and giving weightage, the petitioners were not selected. He
    would further contend that in pursuance of the orders passed
    by this Court and in terms of the Karnataka Residential
    Educational Institutions Society (Cadre & Recruitment)

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    Regulations-2011, the 3rd respondent has prepared Tippani
    as per Annexure-E1 dated 2.12.2014 to consider the
    weightage of the petitioners. Inspite of the same, the
    petitioners were not selected. Therefore, he sought to
    dismiss all these writ petitions.

    17. I have given my anxious consideration to the
    arguments advanced by the learned counsel for the parties
    and perused the entire material on record carefully.

    18. It is an undisputed fact that earlier all these
    petitioners were before this Court in Writ Petition Nos.20204-
    20364/2011 and connected matters seeking certain reliefs.
    This Court considering the entire material on record has
    recorded a finding that “pursuant to the recruitment
    notification dated 27.4.2011, the respondents conducted
    combined competitive examination. Respondents further
    contend that the petitioners in the combined competitive
    examination have not secured the qualifying marks required
    for selection. Now, the respondents have published the final
    selection list and the additional selection list. Admittedly, the
    service weightage was not extended to the petitioners while
    processing the final selection list and the additional selection
    list. Therefore, the respondents have to re-issue the final
    selection list by extending the benefit of service weightage to
    the petitioners.” It has also recorded a finding that the
    Absorption Regulations are not applicable to the non-
    teaching staff. Ultimately, the said writ petitions came to be
    partly allowed with the following directions:

              i)         Writ petitions are partly allowed
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              ii)      The petitioners are not entitled for absorption
    

    under the Absorption Regulations, 2011.

    iii) The respondents shall regularize the Principals
    and teachers appointed prior to 2004-2005 and
    continued in service as on the date of
    Absorption Regulations, 2011 came into force
    subject to fulfilling the other conditions.

    iv) It is declared that all the Principals and teachers
    including the petitioners herein appointed on or
    after 2004-2005 are entitled for the benefit of
    service weightage as specified in Recruitment
    Regulations, 2011.

    v) The respondents to complete the selection
    process pursuant to the recruitment notification
    dated 27.4.2011 by granting the benefit of
    service weightage to the petitioners and all
    other similarly situated Principals and teachers.

    vi) Since respondents have already processed the
    applications and issued final selection list and
    additional selection list, they have to redo the
    process of selection by extending the benefit of
    service weightage to the petitioners and
    similarly situated candidates.

    vii) Till the completion of selection process as
    stated above the present placement of
    petitioners and others who are continuing in
    service shall not be disturbed.

    viii) The prayer in the writ petitions in so far as it
    relates to quashing of recruitment notification
    dated 27.4.2011 is hereby rejected.

    ix) The writ petitions filed by the non-teaching staff
    are hereby dismissed.

    19. It is also not in dispute that, being aggrieved by
    the said directions/orders passed by the learned single
    Judge of this Court, the 3rd respondent-the Karnataka
    Residential Educational Institutions Society filed
    W.A.No.5127/2012 and connected appeals. The Division
    Bench of this Court, considering the entire material on
    record, recorded a finding that, “While dealing with the

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    regularization of service of temporary employees, the
    Hon’ble supreme Court had repeatedly held that, where
    initial entry was legal, the candidates were qualified,
    appointment made against the sanctioned post, long service
    would entitle them to be candidate for awarding service
    weightage. On the other hand, if the initial entry into service
    was illegal or where the candidate did not possess the
    qualification prescribed for the post, the question of awarding
    service weightage does not arise. In the instant case, the
    initial entry into service is not back door entry. The
    candidates are qualified and eligible to be appointed as
    teachers. In pursuance to the permission granted by the
    State Government prescribing the qualification to the post,
    the respondents were appointed by the concerned Zilla
    Panchayats. All the respondents (present petitioners) have
    necessary qualification to the said posts. There is no
    differences between the appointment made by the appellant
    Society (3rd respondent herein) as well as the Zilla
    Panchayats on outsourcing. Hence, there is no infirming or
    irregularity in the order passed by the learned single Judge
    directing the appellant to award service weightage to the
    respondents also (present petitioners).

    20. The said order passed by the Division Bench of
    this Court in W.A.No.5127/2012 and connected appeals
    confirming the order passed by the learned single Judge has
    been affirmed by the Hon’ble Supreme Court by its order
    dated 09.09.2013 in SLP No.30845/2013.

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    21. In view of the above, the learned single Judge and
    the Division Bench, in categorical terms, held that the
    petitioners’ entry into service is not back door entry. They
    were qualified and eligible for being appointed as teachers,
    in pursuance of the permission granted by the State
    Government prescribing the qualification to the post and
    accordingly, petitioners were appointed by the concerned
    Zilla Panchayath. All the petitioners have necessary
    qualification to the said post and there is no difference
    between the appointment made by the present respondent
    No.3-Society and the Zilla Panchayath on outsourcing.
    Therefore, the present petitioners are entitled to award of
    service weightage. The said concurrent finding of fact
    recorded by this Court based on the material documents, has
    reached finality, since the Hon’ble Supreme Court has
    dismissed the SLP filed by the respondent No.3.

    22. In view of the above, the 3rd respondent is bound
    to follow the directions issued by the learned single Judge,
    confirmed by the Division Bench and reaffirmed by the
    Hon’ble Supreme Court and issue final selection list after
    giving service weightage. Admittedly, as on today, the
    respondents have not published the list, considering the
    directions issued by the learned single Judge, confirmed by
    the Division Bench and reaffirmed by the Hon’ble Supreme
    Court.

    23. Very curiously, the 3rd respondent issued Tippani
    dated 02.12.2014 as per Annexure-E1 and formulated
    certain guidelines. When the learned single Judge, and the

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    Division Bench of this Court, in categorical terms held that all
    the petitioners were not appointed through back door entry
    and they were selected after following the procedure and
    therefore, they are entitled to service weightage, it is not
    open for the 3rd respondent to prepare a Tippani which has
    no source either in the recruitment rules or in the observation
    made by this Court. It seems that the Tippani issued by the
    3rd respondents is only with an intention to remove the basis
    of directions issued by this Court indirectly which is
    impermissible in law. Therefore, the Annexure-E1/Tippani
    dated 02.12.2014 issued by the 3rd respondent cannot be
    sustained.

    24. Infact, what is found in Annexure-E1/Tippani is the
    meaning of the words ‘completed year of service’ and
    continuous service’ as provided in Section 2a and 2b of the
    Payment of Gratuity Act, 1972, which reads as under:

    2a. “Completed year of service” means continuous
    service for one year.

    2b. “Continuous Service” means-An employee
    shall be said to be in continuous service for a period if
    he has, for that period, been in uninterrupted service,
    including service, which may be interrupted on account
    of sickness, accident, leave, absence from duty without
    leave (not sickness, accident, leave, absence from duty
    without leave (not being absence as break in service
    has been passed in accordance with the standing
    orders, rules or regulations governing the employees of
    the establishment), lay-off, strike or a lock-out or
    cessation of work not due to any fault of the employee,
    whether such uninterrupted or interrupted service was
    rendered before or after the commencement of this Act;”

    25. Admittedly, all the assertions made by the
    petitioners in the present writ petitions have not been denied
    either by the 3rd respondent or the State Government. The

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    State Government has been a silent spectator sitting on the
    fence to over see the drama between the petitioners and the
    3rd respondent which is never expected by this Court. When
    the State Government was a party in the earlier Writ
    Petitions and Writ Appeals before this Court, it is for the
    State Government to come forward in the interest of justice
    to direct the 3rd respondent to comply the order passed by
    this Court in respect of petitioners and other similarly situated
    persons. The same has not been done.

    26. In view of the aforesaid reasons, the inaction on
    the part of the 3rd respondent in not considering the
    directions issued by this Court cannot be tolerated.

    27. At this stage, Sri Nagaiah, learned counsel for the
    3rd respondent brought to the notice of the Court that in
    pursuance of the directions issued by this Court, selection list
    has been issued as per Annexure-D by giving service
    weightage, but petitioners have not been selected. Though
    the submission of the learned counsel is to be accepted,
    there is no document showing that the petitioners’ case is
    rejected. Therefore, the order passed in respect of other
    candidates does not amount to compliance of the directions
    issued by this Court. It is the duty of the respondents to pass
    specific order in respect of petitioners as to whether they are
    selected or not. The same has not been done. The inaction
    on the part of the respondent in not considering the
    directions issued by this Court cannot be sustained.

    28. For the reasons stated above, the writ petitions
    are allowed. The impugned Tippani dated 02.12.2014 vide

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    Annexure-E1 is without any basis and in utter violation of
    Articles 14, 16 and 21 of the Constitution of India and cannot
    be sustained. Accordingly, Annexure-E1 is quashed only
    insofar as petitioners are concerned. A writ of mandamus is
    issued to the 3rd respondent – The Karnataka Residential
    Educational Institutions Society, to grant 5% weightage to
    each academic year of service of the petitioners irrespective
    of the date of appointment and proportionate weightage to
    the service which is less than one half of the academic year,
    in terms of the Absorption Rules and pass appropriate
    Orders individually in respect of each of the petitioner, in
    accordance with law, within an outer limit of 12 weeks from
    the date of receipt of certified copy of this Order, strictly in
    terms of the orders passed by the learned single Judge,
    confirmed by the Division Bench and reaffirmed by the
    Hon’ble Supreme Court.

    Ordered accordingly.”

    In W.A.No.360/2020 and Connected matters:

    “This appeal is filed by the 3rd respondent in Writ
    Petitions No.8113-8131/2015 impugning the order dated
    22.10.2019. In terms of the impugned order, the note dated
    2.12.2014 marked at Annexure-E1 is quashed in so far as
    the petitioners are concerned, and in addition, a writ of
    mandamus is issued to the 3rd respondent-Karnataka
    Residential Educational Institutions Society (Hereinafter
    referred to as ‘Society’ for short) to grant 5% weightage to
    each academic year of service to the petitioners irrespective
    of the date of appointment.

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    2. The Learned Single Judge has also directed
    proportionate weightage to be given even if the period of
    service is less than one-half of the academic year.

    3. The grievance in this appeal filed by the Society is
    confined to the portion of the order directing proportionate
    weightage directed to be provided for the candidates for the
    period of service which is less than an academic year.

    4. The brief facts necessary for the adjudication of
    the case can be summarized as under:

    – The petitioners were appointed as teachers/
    principals and it is further stated that each of the petitioners
    is having the requisite educational qualifications for the post.
    The petitioners were appointed in Morarji Desai Residential
    School/Morarji Desai Residential School for Minorities/Kittur
    Rani Chenamma School/Ekalavya Model Residential School
    situated in different places in Karnataka. It is not in dispute
    that the said schools are run by society.

    5. It is further stated that on the filing date of the
    writ petitions, about 600 schools were coming under the
    control of the Department of School Welfare and 50-60
    schools coming under the control of the Minority Department
    of the Government of Karnataka. It is further claimed that
    earlier the above-referred schools came under five
    categories viz.,

    (i) Morarji Desai Residential School meant for students
    from the BCM category/SC-ST category

    (ii) Ekalavya Model Residential School.

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    (iii) Kittur Rani Chenamma School meant for girls.

    (iv) A B Vajpayee Residential School having co-education

    (v) Moraji Desai Residential School for Minorities.

    6. The State Government, by its order dated
    22.06.2001 marked at Annexure A1, proposed transferring
    the residential schools to the Society. Later, the Government
    decided to continue the schools under its management vide
    order dated 5.10.2004 marked in Annexure A2 to the writ
    petition.

    7. It is further stated that the Government vide
    order dated 21.10.2009 constituted a committee to recruit the
    teachers for the aforementioned institutions. The recruitment
    process involved written tests and interviews. The
    reservation policy of the State was also made applicable and
    based on merit and as per the reservation policy,
    appointments were made and the orders of appointment
    were issued in favour of the petitioners.

    8. In terms of the notification dated 17.5.2010 at
    Annexure A5, applications were invited for the post of a
    teacher, and qualifications were prescribed as per Annexure
    A6 to the writ petition.

    9. It is the case of the petitioners that all of them
    were recruited under the recruitment policy by following the
    due process prescribed. It is stated that no rule relating to
    recruitment is violated while recruiting the petitioners. It is
    also stated by the petitioners that specific recruitment rules
    were not in place when they were appointed, however, the

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    order dated 21.10.2009 was in place which governed the
    recruitment process.

    10. It is further stated that the management of the
    schools was handed over to Society and as the Society
    exceeded its limits, the Government decided to wind up the
    Society. However later, the Government withdrew its decision
    to wind up the Society and accordingly, the Society exists
    even today. Later the recruitment rules were framed which
    would govern the recruitment by the Society and objections
    were filed by several teachers to the draft recruitment rules
    published by the Government. It is contended that without
    considering the merits of the objections filed, the
    Government overruled the objections.

    11. The rules framed by the Government provided
    for the grant of weightage to the petitioners and similarly
    situated teachers who were selected by the Committee
    constituted under the Government Order or by the Zilla
    Panchayat under the chairmanship of the Deputy
    Commissioner. However, by misrepresenting the Rules, the
    Society granted weightage to only those teachers who were
    recruited by the Society. In the above factual scenario, writ
    petitions were filed in W.P. No.20204/2011 and connected
    matters. In terms of the impugned order dated 13.07.2012,
    writ petitions were allowed-in-part, and directions were
    issued to the respondents in the said writ petitions to
    regularise the teachers and principals appointed before
    2004-05 and continued in service as on the date of
    Absorption Regulations, 2011 subject to fulfilling other

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    eligibility criteria. The appeals filed by the Society in Writ
    Appeal 5127/2012 and connected matters are dismissed
    vide order dated 28.2.2013. The Special Leave Petition filed
    against the afore-mentioned order in SLP No.30845/2013 is
    also dismissed on 9.9.2013.

    12. Pursuant to this, the impugned note dated
    2.12.2014 is issued and the list of selected teachers is done
    afresh. Said note dated 2.12.2014 is called into question
    before the learned Single Judge.

    13. The learned Single Judge after hearing the
    parties to the proceeding has allowed the petitions and
    quashed the impugned note dated 2.12.2014 at Annexure E1
    and directed the Society to grant 5% weightage to each
    academic year of service irrespective of the date of
    appointment. The order quashing Annexure – E1 has attained
    finality as it is accepted by the Society as well as the State.
    The challenge is only to the order directing proportionate
    weightage for service less than a completed year.

    14. Heard the learned counsel appearing for the
    parties to the proceeding.

    15. It is the contention of the learned Senior
    counsel Sri M R Rajagopal for the appellants, that directions
    issued by the learned Single Judge to provide proportionate
    service weightage to the service which is less than an
    academic year in terms of The Karnataka Residential
    Educational Institutions Society (Cadre and Recruitment)
    Regulations, 2011 (For short ‘Regulations, 2011’) is illegal
    and violates the Regulations, 2011.

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    16. It is urged that a 5% weightage can be provided
    to each completed year of service and not to those who have
    not completed one year.

    17. It is also urged by the learned Senior counsel
    that the impugned order is in the teeth of the judgment
    rendered in W.P.No.20204/2011 and connected cases which
    is confirmed by the Division Bench in W.A. No.5127/2012
    and connected matters. The attention of the Court is invited
    to the operative portion of the order in the
    W.P.No.20204/2011 and connected matters. The relevant
    portion reads as under:

    “(ii) the petitioners are not entitled to absorption
    under the Absorption, regulations, 2011.

    (iii) the respondent shall regularise the principal and
    teachers appointed before 2004-2005 and
    continue in service as of the date of Absorption,
    regulations, 2011

    (iv) It is declared that all the principals and teachers
    including the petitioners herein appointed on or
    after 2004-2005 are entitled to the benefit of
    service weightage as specified in Recruitment
    Regulations, 2011.”

    18. In support of their contentions, learned counsel
    for the Society has relied on the judgment of the Hon’ble
    Apex Court in the following cases:

    (i) MANISH vs ROHINI GOYAL ((2010)4 SCC

    393)

    (ii) STATE OF PUNJAB vs SINGHALA (1994(1)
    SCC 175)

    (iii) KARNATAKA STATE ROAD TRANSPORT
    CORPORATION vs ASHRAFULLA KHAN

    ((2002)2 SCC 560)

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    19. Learned Senior counsel Smt.Susheela,
    appearing for the employees/respondents urged that:

    (a) the expression “completed year” in the Rules 2011
    is not defined as such the learned Single Judge is justified in
    directing proportionate weightage to be given to the
    candidates even if they have not completed one academic
    year.

    (b) the State has not filed any appeal against the
    order passed by the learned Single Judge and the financial
    implication of the impugned order is on State and not the
    appellant-Society. It is further argued that since the State
    has accepted the order passed by the learned Single Judge,
    the appeal must be dismissed and the benefit of
    proportionate weightage shall be given to the
    respondents/employees.

    (c) in terms of the interim order, passed by this
    Court, some of the respondents are already employed and
    their employment should not be disturbed at this juncture.

    (d) Even as per the service particulars furnished by
    the appellants, it is apparent that the date of joining of
    employees was not the same and the employees were asked
    to join on different dates depending upon the admissions of
    the students and the opening of various schools run by the
    appellants.

    (e) Even under the Regulations 2011, it is specified
    that the regularisations are framed as a one-time measure,
    to provide relief to the employees who were serving under
    the society as such the learned Single Judge is justified in

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    directing proportionate weightage be given to the employees
    who have not completed one year.

    20. This Court has considered the contentions
    raised at the bar and perused the records.

    21. As far as the contention of the appellants that the
    impugned order is contrary to the orders passed in
    W.P. No.20204/2011 and connected cases which is
    confirmed by the Division Bench in W.A. No.5127/2012 is
    concerned, it is to be noticed that the Society has not raised
    this contention before the learned Single Judge by
    contending that the contesting respondents/employees were
    parties to the said proceedings. The appellants have not
    filed any statement of objections before the learned Single
    Judge. Even before this Court, it is not pointed out, as to
    which of the respondents were parties in the earlier
    proceedings. Thus, the contention that the contesting
    respondents are precluded from claiming any relief in view of
    the finding in paragraphs No. (ii), (iii) and (iv) of the operative
    portion of the order in the aforementioned Writ Petitions is
    untenable.

    22. From perusal of the reliefs claimed in Writ Petition
    No.20204/2011 and other connected matters as well as in
    subsequent Writ Petitions filed by the respondents and
    considering the relief granted, this Court is of the view that
    the previous proceedings will not come in the way of
    considering the claim of the petitioners.

    23. More importantly, the question of “proportionate
    weightage” with reference to the expression “every

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    completed year” did not arise in the earlier proceedings and
    no finding is recorded on the said issue now raised The
    scope of the expression, “every completed year” found in the
    Regulations 2011 was not considered and decided in the
    earlier writ proceeding.

    24. The next question is, “Whether the learned Single
    Judge is justified in issuing a direction to provide
    proportionate weightage even if one year of service is not
    completed while awarding the marks?”

    25. The relevant regulations required to be
    considered for adjudication of the present appeals are
    extracted as under:

    Weightage for contract principals

    Notwithstanding anything contained in the cadre and
    recruitment regulations of the society

    While preparing the merit list, a weightage of five
    percentage (5%) for each completed year of service shall be
    given subject to a maximum of forty percentage adding to the
    total percentage of Postgraduate degree, B.Ed and
    Competitive Examination in respect of candidates appointed
    by the Karnataka Residential Education Institutions Society
    who are working as principals in Morarji Desai/Kitturu Rani
    Chennamma Residential Schools on contract basis as a one
    time measure.

    Weightage for contract teachers

    Notwithstanding anything contained in these
    regulations

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    While preparing the merit list, a weightage of five
    percentages for each completed year of service shall be
    given subject to a maximum of forty percentage adding to the
    total percentage of degree, BE.d, B.P.Ed. and competitive
    examination in respect of candidates appointed by Karnataka
    Residential Education Institutions Society and who are
    working as Assistant Teachers/Principals in Morarji Desai
    Residential Schools on contract basis as a one time
    measure.

    26. For all other categories of teachers, the
    expressions “for each completed year of service” and “on
    contract basis as a one-time measure” are also incorporated
    in the Regulations 2011 providing for weightage.

    27. It is required to be noticed that the expression
    “each completed year of service” is not defined in the
    Regulations, 2011. It is not disputed that the date of entry of
    the teachers in the given academic year is not the same but
    varies. The date of entry is different for different teachers in
    different schools. The different date of entry is said to be
    because of different date of opening of schools owing to lack
    or delayed admissions of students. The proportionate
    weightage has not been awarded on the basis of uniform
    criteria and therefore, the discrepancies in awarding the
    marks have crept in.

    28. On reading the regulations extorted above, it is
    apparent that the measures taken for providing proportionate
    weightage are one-time measures.

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    29. Admittedly, the expression “each completed
    year of service” is not defined under the Regulations 2011.
    And it is also an admitted fact that the contract employees
    were employed only for a period of ten months on a contract
    basis. For the remaining two months of the year, they are not
    provided with any salary. This being the position, the
    contention of the appellants that weightage can be provided
    only for the “completed year of service” holds no water.
    Considering the facts and circumstances of the case, and
    also given the fact that the respondent employees have put
    in a considerable length of service on being recruited in an
    open competitive recruitment process conducted by the State
    or the instrumentality of the State, strict interpretation
    canvassed by the is results in injustice to the employees
    who are otherwise qualified to be regularised in service. The
    order of the learned single judge directing proportionate
    weightage only entitles certain percentage of marks to be
    taken into consideration to process the claim for
    regularisation of those candidates who have put in some
    service after being selected in a competitive selection
    process. It does not affect or take away the rights of the
    persons who have put in more years of service.

    30. Assuming that all the contesting respondents
    were parties in previous writ petitions and writ appeals, the
    Co Ordinate bench of this Court in the previous round of
    litigation in Writ Appeal No.5127/2012 has concluded that the
    entry into service is not a back door entry so far as the
    petitioners are concerned. The Court has given a finding
    that the candidates were qualified and eligible to be

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    appointed as teachers and has dismissed the appeal filed by
    the Society. It is also observed in the said order that “The
    appellant society as par as possible, try to accommodate the
    respondents, if, after giving service weightage they are
    selected without disturbing the candidates who are already
    selected and appointed”. The order passed in writ appeal is
    confirmed by the Hon’ble Apex Court vide order dated
    09.09.2013 in SLP No.30854/2013.

    31. This being the position, the order passed by the
    learned single judge in directing proportionate weightage to
    the employees who have not completed on academic year
    cannot be said to be an illegal order to interfere in an intra
    Court appeal.

    32. The ambiguity in the language employed in not
    correctly defining the completed year, particularly in a
    situation where the employees are paid salary only for 10
    months, learned single Judge is justified in holding that the
    petitioners should be given a proportionate weightage.

    33. It is also required to be noticed that all the
    institutions run by the appellant society are admitted to grant
    aid by the State. Thus, the salaries of the employees to be
    regularised in terms of the impugned order are to be paid by
    the State. The State has not preferred any appeal against the
    impugned order and has accepted the order.

    34. In terms of the interim order, some of the
    respondents are already employed and continuing in service.
    And it is also required to be noticed that the regularisation of
    the respondent/employees is subject to the respondent/

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    employees fulfilling other eligibility criteria and securing
    requisite marks on applying proportionate weightage and it is
    submitted that all the respondents may not qualify even if
    proportionate weightage is provided for the service less than
    a year.

    35. It is also required to be noticed that
    regularisation was denied in view of Annexure-E1, the note
    issued by the Government which was questioned before the
    learned single judge. The learned single judge has quashed
    Annexure-E1 in so far as the petitioners are concerned. In
    fact, in terms of guidelines issued under Annexure -E1, the
    claim of the respondent/employees was rejected by the
    State. However, the portion of the order quashing Annexure –
    E1 is not under challenge. The challenge is only to the order
    of the single judge directing proportionate weightage.

    36. As already noticed the Regulations provide for
    one time measure. The number of employees who may have
    their services regularised if proportionate weightage is given
    are also said to be few. Also considering the age of the
    respondent/ employees this Court is of the view that the
    learned single judge is justified in directing proportionate
    weightage be given to the employees who have completed
    less than a year in service.

    37. We have also considered the ratio laid down in the
    judgments cited by the appellants. The aforementioned
    judgements are delivered in a different set of facts and those
    judgments; no question is decided under Regulations 2011.

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    Hence, the ratio in the said judgments does not apply to the
    present case.

    38. For the reasons recorded supra, under the
    peculiar facts and circumstances of this case, this Court
    does not find any reason to interfere in the exercise of
    powers under Section 4 of the Karnataka High Court Act,
    with the order passed by the learned Single Judge.

    39. It is stated that respondents No.5 to 7 in
    WA No.652/2020 are already appointed. Since, Writ Appeals
    No.650/2020, 652/2020, 675/2020, and 693/2020 are filed
    raising similar questions and arising from the same
    impugned order, the said appeals are also required to be
    dismissed.

    Accordingly, the appeals are dismissed.”

    4. Under these circumstances, the present petition is also

    disposed of by directing the concerned respondents to address the

    grievance of the petitioners and consider their representations at

    Annexures-AA, AA1 to AA18 dated 05-05-2026, 27-04-2026,

    04-05-2026, 30-04-2026, 27-04-2026, 29-04-2026, 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, respectively and take appropriate decision / pass

    appropriate orders in accordance with law within a period of two

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    months from the date of receipt of a copy of this order, bearing in

    mind the judgments of the Hon’ble 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 the order the 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.

    5. Subject to the aforesaid directions, petition stands

    disposed of.

    Sd/-

    (S.R.KRISHNA KUMAR)
    JUDGE

    LDC/List No.: 2 Sl No.: 60



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