Karnataka High Court
WP/23843/2018 of SRI. NARASIMHA MURTHY H.N Vs PRINCIPLE SECRETARY on 3 June 2026
NC: 2026:KHC:26007-DB WP No. 23843 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 23843 OF 2018 (S-KAT) BETWEEN: SRI. NARASIMHA MURTHY H.N.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
WRIT PETITION NO. 23843 OF 2018 (S-KAT)
BETWEEN:
SRI. NARASIMHA MURTHY H.N.
ASSISTANT TEACHER,
GOVERNMENT HIGHER PRIMARY SCHOOL
ELEPETE, DODDABALLAPUR TOWN,
BANGALORE RURAL DISTRICT-561203
KARNATAKA STATE.
…PETITIONER
(BY SRI. NARASIMHA MURTHY H.N., (PARTY-IN-PERSON))
AND:
1.
PRINCIPLE SECRETARY
DEPARTMENT OF EDUCATION,
GOVERNMENT OF KARNATAKA
M.S. BUILDING, BANGALORE-560001.
2.
COMMISSIONER
DEPARTMENT OF PUBLIC INSTRUCTION
GOVERNMENT OF KARNATAKA,
NRUPATUNGA ROAD,
BANGALORE-560001.
3.
THE DIRECTOR OF SECONDARY EDUCATION
DEPARTMENT OF PUBLIC INSTRUCTION
GOVERNMENT OF KARNATAKA
Digitally signed by
VIJAYALAKSHMI
B N
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
NRUPATUNGA ROAD
BANGALORE-560001.
4.
DEPUTY DIRECTOR (ADMINISTRATION)
K.G.ROAD, BANGALORE RURAL DISTRICT,
GOVERNMENT OF KARNATAKA
BANGALORE-560001.
5.
BLOCK EDUCATION OFFICER
DODDABALLAPURA TALUK
DODDABALLAPURA
BANGALORE RURAL DISTRICT-561203.
6.
SRI. NAVARATHNA PRAKASH
ASSISTANT TEACHER
GHS MARAGONDANAHALLI
NELAMANGALA TALUK-562111
BANGALORE RURAL DISTRICT.
…RESPONDENTS
(BY SRI. HARISHA A.S., AGA FOR R1 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE ORDER DATED
21.09.2017
PASSED
BY
THE
HON'BLE
KARNATAKA
ADMINISTRATIVE TRIBUNAL, BENGALURU, IN APPLICATION
NO.1729/2013,
AS
BEING
ILLEGAL,
ARBITRARY
AND
CONTRARY TO LAW. (ANNEXURE-A) AND ETC.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT
and
HON'BLE DR. JUSTICE K.MANMADHA RAO
HC-KAR
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Heard the petitioner - party in person and learned AGA Sri.Harisha A S for respondent Nos.1 to 6.
2. Perused the entire writ petition papers.
3. The petitioner is before this Court questioning order dated 21.09.2017 in Application No.1729/2013, whereunder, while observing that the petitioner is not eligible for promotion as on 01.01.2012 and promotion given to respondent No.4 is in order; reserving liberty to make one more representation to respondent Nos.1 and 2, directed to consider the same. The petitioner has also challenged memo dated 09.05.2018 (Annexure - B), whereunder, the petitioner's request for promotion in pursuance to Annexure - A order is also rejected and the petitioner has also challenged Annexure - C - Amended Cadre Recruitment Rules.
HC-KAR
4. In the impugned order (Annexure -A), the Tribunal has categorically observed that the petitioner was not eligible for promotion as on 01.01.2012 as he has not acquired the relevant qualification and it has specifically held that respondent No.4 was eligible and consequently refused to interfere with promotion of respondent No.4 as the petitioner was not eligible having required qualification as on 01.01.2012.
5. We do not find any error in the observation made by the Tribunal. However, we find that the Tribunal had given liberty to the petitioner to make representation seeking promotion from 2013 and, accordingly, the petitioner had made representation, which was considered and rejected by endorsement dated 09.05.2018 (Annexure
- B). Instead of challenging the said endorsement dated 09.05.2018 before the Tribunal, which is the first Court, the petitioner is before this Court questioning order dated 21.09.2017 in Application No.1729/2013, which directed
HC-KAR
consideration of representation, which order has already been implemented by the State authorities.
6. It is open for the petitioner to question memo dated 09.05.2018 (Annexure - B and C) rejecting his request for promotion alongwith C and R Rules before the Tribunal, if it is permissible in accordance with law with all exceptions.
7. With the above, writ petition stands disposed of.
SD/- (S.G.PANDIT) JUDGE
SD/- (DR.K.MANMADHA RAO) JUDGE
GSR List No.: 1 Sl No.: 10