Karnataka High Court

Dr (Ms) B K Naik vs State Of Karnataka on 10 July, 2015

Equivalent citations: AIR 2016 (NOC) 400 (KAR.) (DHARWAD BENCH), 2016 LAB. I. C. (NOC) 264 (KAR.) (DHARWAD BENCH), 2016 (1) AKR 555, (2016) 1 KCCR 58

Author:
Aravind Kumar

Bench:
Aravind Kumar

:1:

R
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

DATED THIS THE 10TH DAY OF JULY, 2015

BEFORE

THE HON'BLE MR. JUSTICE ARAVIND KUMAR

WRIT PETITION No.21216 OF 2014
CONNECTED WITH
WP No.108991/2014, WP No.108986/2014
WP Nos.109282/2014 & 109294-310/2014
WP Nos.111162/2014 & 100853-858/2015
WP Nos.111163/2014 & 100846-852/2015
WP No.108979/2014, WP No.109265/2014
WP No.108992/2014, WP No.108984/2014
WP No.108976/2014, WP No.108978/2014
WP No.108989/2014, WP No.109264/2014
WP No.109261/2014, WP No.108988/2014
WP No.109273/2014, WP No.108983/2014
WP Nos.100077-100079/2015, WP No.108980/2014
WP No.109274/2014, WP No.109275/2014
WP No.109280/2014,
WP Nos.101104/2015 & 101105-125/2015
WP No.100958/2015, WP No.108974/2014
WP No.113061/2014,
WP Nos.109283/2014 & 109311-319/2014
WP Nos.110012/2014 & 100916-925/2015 & 100926/2015
WP No.108981/2014,
WP No.110011/2014 & 100905-915/2015
WP Nos.109517-109547/2014 & 109548/2014
WP Nos.109549-109556/2014 & 109557/2014
WP No.101240/2015, WP Nos.101084-101103/2015
WP No.109421/2014, WP No.109426/ 2014
WP Nos.109227-109243/2014
WP Nos.109034/2014 & 109121-140/2014
WP No.109032/2014, WP No.109272/2014
WP No.108975/2014, WP Nos.109331-109344/2014
WP Nos.109322-109330/2014,
WP Nos.109484-109498/2014, WP No.108987/2014
WP No.108990/2014
:2:

WP Nos.101128/2015 & 101185-187/2015
WP Nos.101127/2015 & 101168-183/2015
WP Nos.101129/2015 & 101184/2015
WP No.109423/2014, WP No.109425/ 2014
WP No.109431/ 2014, WP No.109422/2014
WP No.109420/2014, WP No.109418/2014
WP No.109419/2014, WP No.109427/2014
WP No.109424/2014, WP No.109430/2014
WP No.109428/2014, WP No.109429/2014
WP No.101218/2015, WP No.101398/2015
WP No.101359/2015
WP Nos.101130/2015 & 101652/2015 & 101653-662/2015
WP Nos.101131/2015 & 101649-651/2015
WP Nos.101456-101472/2015,
WP Nos.102032-102033/2015,
WP Nos.102020-102031/2015,
WP Nos.101630-101639/2015,
WP Nos.101620-101629/2015,
WP Nos.101233-101235/2015,
WP No.101364/2015,
WP Nos.101603-101615/2015,
WP No.101530/2015, WP No.101399/2015,
WP Nos.101618-101619/2015,
WP No.108977/2014, WP No.108948/2014,
WP No.108949/2014,WP No.108950/2014,
WP No.108951/2014, WP No.102092/2015,
WP Nos.102093/2015 & 102095-104/2015,
WP Nos.102094/2015 & 102105/2015,
WP Nos.102106-102110/2015,
WP Nos.109081-109098/2014,
WP Nos.109044-109080/2014,
WP No.108982/2014,
WP Nos.109432-109434 & 109435-437/2014,
WP Nos.102118-102119/2015,
WP Nos.101221-101222/2015,
WP No.101714/2015,
WP Nos.101958-101961/2015,
WP Nos.101699-101713/2015,
WP Nos.102111-102115/2015,
WP Nos.101947-101957/2015,
WP Nos.101962-101964/2015,
WP Nos.102283-102286/2015,
WP Nos.102287-102291/2015 & 102356-359/2015,
:3:

WP No.102076/2015,
WP Nos.102173-102193/2015,
WP No.101675/2015, WP No.109514/2014,
WP No.109276/2014, WP Nos.101356-358/2015,
WP No.102400/2015,
WP Nos.102390-394/2015 & 102464-465/2015,
WP Nos.102388-389/2015,
WP No.112087/2014, WP No.102399/2015,
WP Nos.102395-398/2015,
WP Nos.102239-248/2015,
WP Nos.102292-296/2015 & 102365/2015,
WP No.102496/2015, WP No.102497/2015,
WP No.102427/2015,
WP Nos.104207-210/2014,
WP Nos.102116-117/2015 (S-RES)

IN WP NO. 21216 OF 2014:

BETWEEN:

DR (MS) B K NAIK,
D/O K.T NAIK,
AGED ABOUT 52 YEARS,
ASSOCIATE PROFESSOR,
SVM COLLEGE, ILKAL,
BAGALKOT DIST.
KARNATAKA-587101. ... PETITIONER

(BY SRI. JANARDHANA G, ADVOCATE)

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAY AND
PARLIAMENTARY AFFIARS,
REPRESNETED BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU -560 001.

2. DIRECTOR OF COLLEGIATE EDUCATION,
GOVENRMENT OF KARNATAKA,
SESHADRI ROAD,
:4:

BENGALURU-560 001.

3. THE PRINICPAL,
SVM ART, SCIENCE AND
COMMERCE COLLEGE,
ILKALA, BAGALKOT DIST.
KARNATAKA-587101. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI. RAVI V.HOSMANI, AGA FOR R1 AND R2,
SRI RAJSHEKHAR BURJI, ADV. FOR R3)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEX-F PUBLISHED IN KARNATAKA GAZETTE DTD.12.2.2014
AND DIRECT THE R-1 TO FOLLOW THE DECISION RENDERED
BY THIS COURT IN W.A.NO.848/2008 C/W 450/2007
DTD.3.11.2009 VIDE ANNEXURE-E IN TREATING THE PRIVATE
EDUCATIONAL INSTITUTIONS EMPLOYEES ON PAR WITH
GOVERNMENT EMPLOYEES IN PROVIDING SERVICE BENEFITS
TO THEM.

IN WP NO. 108991 OF 2014:

BETWEEN:

SHRI MAHADEV B PATIL,
AGE: 42 YEARS,
OCC: SELECTION GRADE LECTURER,
SGES RURAL POLYTECHNIC TARIHAL,
HUBBALLI,
DIST: DHARWAD. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY
LAW & PARLIAMENTARY
AFFAIRS DEPARTMENT,
VIDHANA SOUDHA, BENGALURU.
:5:

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY
HIGHER EDUCATION DEPARTMENT
M S BUILDING,
BENGALURU.

3. DIRECTOR OF TECHNICAL
EDUCATION
GOVERNMENT OF KARNATAKA
PALACE ROAD,
BENGALURU.

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC
TARIHAL, HUBBALLI
DIST: DHARWAD. .. RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE, DATED:12.02.2014, ISSUED BY RESPONDENT NO.1
AND ANNEXURE-J, CIRCULAR ISSUED BY THE RESPONDENT
NO.3 DATED:05.09.2014 AND DIRECT THE RESPONDENTS TO
TREAT THE PRIVATE EDUCATION EMPLOYEES ON PAR WITH
GOVERNMENT EMPLOYEES AND PROVIDING SERVICE
BENEFITS TO THEM AND ETC.,

IN WP NO. 108986 OF 2014:

BETWEEN:

SHRI NARAYANRAO B BAMMIGATTI
AGED ABOUT: 45 YEARS,
OCC: SELECTION GRADE LECTURER,
SGES RURAL POLYTECHNIC TARIHAL,
HUBBALLI-580026,
DIST: DHARWAD. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)
:6:

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY,
LAW & PARLIAMENTARY
AFFAIRS DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU -560001.

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT,
M S BUILDING,
BENGALURU -560001.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA,
PALACE ROAD,
BENGALURU -560001.

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC,
TARIHAL, HUBBALLI-26,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3 )

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE, DATED 12.02.2014 IN NUMBER SAMVYASHA E 60
SHASANA 2013 BANGALORE ISSUED BY RESPONDENT NO.1
AND ANNEXURE-J CIRCULAR BEARING NO. DTE 4 GRT(2) 2014
ISSUED BY THE RESPONDENT NO.3 DATED 05.09.2014 AND
DIRECT THE RESPONDENTS TO TREAT THE PRIVATE
EDUCATION EMPLOYEES ON PAR WITH GOVT. EMPLOYEES
AND PROVIDING SERVICE BENEFITS TO THEM AND ETC.,
:7:

IN WP Nos.109282/2014 &
109294-310/2014:

BETWEEN:

1. SHRI HANAMATTAPPA
S/O. KALLAPPA RAJOOR,
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR
OF PHYSICS, SRI KALMESHWAR
VIDYAPRASARAK SAMITHI'S
ARTS, SCIENCE & COMMERCE
COLLEGE, HOLEALUR,
TQ: RON, DIST: GADAG

2. SHRI SHEKARAPPA
S/O. VEERAPPA ANDANSHETRA
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR
OF KANNADA,
--- REST DO----

3. SHRI RAJENDRAKUMAR
S/O. SHIDDANAGOUDA PATIL
AGE: 52 YEARS
OCC: ASSOCIATE PROFESSOR
OF COMMERCE
--- REST DO----

4. SHRI MALLAPPA
S/O. NEELAPPA KADAPATTI
AGE: 51 YEARS
OCC: ASSOCIATE PROFESSOR
OF HISTORY
--- REST DO----

5. SHRI PRAKASH
S/O. SHANKARAPPA KANAVI
AGE: 50 YEARS
OCC: ASSOCIATE PROFESSOR
OF CHEMISTRY
--- REST DO----
:8:

6. SHRI NURANDAGOUDA
S/O. RANGANAGOUDA
HIRESAKKARAGOUDAR
AGE: 50 YEARS
OCC: ASSOCIATE PROFESSOR
OF MATHEMATICS
--- REST DO----

7. SHRI NAGAPPA
S/O. SHANKARAPPA HUNASHIKATTI
AGE: 52 YEARS
OCC: ASSOCIATE PROFESSOR
OF KANNADA
--- REST DO----

8. SHRI PARASURAM
S/O. REVANDHIDDAPPA SADUGOL
AGE: 51 YEARS
OCC: ASSOCIATE PROFESSOR
OF COMMERCE
--- REST DO----

9. SHRI GANGADHAR
S/O. PUTTAPPA CHAKRASALI
AGE: 53 YEARS
OCC: ASSOCIATE PROFESSOR
--- REST DO----

10. SHRI SHIDDLINGAPPA
S/O. SANGAPPA HURKADLI
AGE: 49 YEARS
OCC: ASSOCIATE PROFESSOR
OF SOCIOLOGY
--- REST DO----

11. SHRI MANOHAR
S/O. KANTEPPA ROTTI
AGE: 53 YEARS
OCC: ASSOCIATE PROFESSOR
OF COMMERCE
--- REST DO----
:9:

12. PRABHUDEVE
S/O. ANDANAPPA GANJIHAL
AGE: 50 YEARS
OCC: ASSOCIATE PROFESSOR
OF KANNADA
--- REST DO----

13. SHRI SANGAPPA
S/O. BASAPPA SAJJANAR
AGE: 48 YEARS
OCC: ASSOCIATE PROFESSOR
OF CHEMISTRY
--- REST DO----

14. SHRI BASAVARAJ
S/O. APPANNA BELAVATAGI
AGE: 54 YEARS
OCC: ASSOCIATE PROFESSOR
OF ECONOMICS
--- REST DO----

15. SHRI GANGADHAR
S/O. VEERBHADRAPPA BILAGI
AGE: 54 YEARS
OCC: ASSOCIATE PROFESSOR
OF MATHEMATICS
--- REST DO----

16. SHRI SHEKAPPA
S/O. YENKAPPA PUJAR
AGE: 48 YEARS
OCC: ASSOCIATE PROFESSOR
OF PHYSICS
--- REST DO----

17. SHRI LINGABASAPPA
S/O. BASAPPA KAPPALI
AGE: 53 YEARS,
OCC: LIBRARIAN
--- REST DO----

18. SHRI AMARESHAGOUDA
: 10 :

S/O. SHIVASHANKARAGOUDA PATIL
AGE: 55 YEARS
OCC: PHYSICAL DIRECTOR
--- REST DO---- ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
R/BY ITS PRINCIPAL SECRETARY
VIDHANA SOUDHA,
BENGALURU.

2. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF EDUCATION
R/BY ITS SECRETARY
VIDHANA SOUDHA,
BENGALURU.

3. THE COMMISSIONER
DEPARTMENT OF EDUCATION
BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION
GOVERNMENT OF KARNATAKA
VISHWESHWARIAH CIRCLE,
BENGALURU.

5. THE REGIONAL JOINT DIRECTOR
COLLEGIATE EDUCATION
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD .

6. SRI KALMESHWARA VIDYAPRASARAK
SAMITHI HOLEALUR,
TQ: RON, DIST: GADAG
R/BY ITS CHAIRMAN
: 11 :

7. THE PRINCIPAL
SRI KALMESHWARA VIDYAPRASARAK
SAMITHI'S ARTS, SCIENCE &
COMMERCE COLLEGE,
HOLEALUR,
TQ: RON DIST: GADAG. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5 )

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH ANNEXURE-H PUBLISHED IN KARNATAKA GAZETTE IN
NO.SAVYASHAE 60 SHASANA 2013, BENGALURU DATED
12.02.2014 IN PART IV(A) AND ETC.,

IN WP Nos.111162/2014 & 100853-858/2015:

BETWEEN:

1. SHRI SHIVAYOGAPPA
S/O REVAPPA YEMMI
AGE: 50 YEARS,
OCC: ASSOCIATE PROFESSOR
(COMMERCE), GOOD NEWS
WELFARE SOCIETYS, ARTS
& COMMERCE FIRST GRADE COLLEGE,
KALAGHATAGI, TQ: KALAGHATAGI,
DIST: DHARWAD

2. DR.MAHESH
S/O DHARMAPPA HORAKERI
AGE: 46 YEARS, OCC: LIBRARIAN,
GOOD NEWS WELFARE SOCIETYS,
ARTS & COMMERCE FIRST
GRADE COLLEGE, KALAGHATAGI,
TQ: KALAGHATAGI, DIST: DHARWAD

3. DR.VIJAYKUMAR R BETGAR
AGE: 50 YEARS,
OCC: ASSOCIATE PROFESSOR
(POLITICAL SCIENCE),
R/O.HOUSE NO.8562/A/1,
: 12 :

VITTAL NIVAS,
KOPPAD KERI, M B NAGAR,
DHARWAD.

4. DR.BASAVARAJ BIRADAR
AGE: 50 YEARS,
OCC: ASSOCIATE PROFESSOR
(KANNADA),
R/O. BANASHANKARI KRUPA,
OPP.ACC CEMENT SHOP,
SRIDEVI NAGAR,
YALAKKI SHETTAR COLONY,
DHARWAD.

5. SHRI GURUPAD R SOOLIBHAVI
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR
(SOCIOLOGY),
R/O.C/O.DR.J A HADAGALI,
I MAIN, RAJATAGIRI, DHARWAD

6. PROF.SHANTALA S NAYAK
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR (KANNADA),
R/O. OM PRASHANTAM, HUBLI,
KARWAR ROAD, NEAR APMC,
KALGHATGI, DIST: DHARWAD

7. PROF.ANITA BHAT
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR (HISTORY),
R/O.ANUGRAHA,
C/O.N S UPADHYA, ADVOCATE,
VIDYAGIRI, KALGHATGI,
DIST: DHARWAD. ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF LAW &
: 13 :

PARLIAMENTARY AFFAIRS,
RPTD.BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU

2. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF EDUCATION,
RPTD.BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU

3. THE COMMISSIONER
DEPARTMENT OF EDUCATION,
NRUPATUNGA ROAD, BENGALURU

4. THE DIRECTOR OF COLLEGIATE
EDUCATION
GOVERNMENT OF KARNATAKA,
VISHWESHWARIAH CIRCLE,
BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDA,
D C COMPOUND, DHARWAD

6. GOOD NEWS WELFARE SOCIETY,
KALAGHATAGI, DIST: DHARWAD
RPTD.BY ITS THE ADMINISTRATOR
/SECRETARY

7. THE PRINCIPAL
GOOD NEWS WELFARE SOCIETY,
ARTS & COMMERCE,
1ST GRADE COLLEGE,
KALAGHATAGI,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
: 14 :

"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT,2014" AND CONSEQUENTLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-M AND ETC.,

IN WP Nos.111163 OF 2014 &
100846-852/2015:

BETWEEN:

1. SMT.LOVELY PRABHA
D/O JEORGE MICHAEL,
AGE: 52 YEARS,
OCC: FIRST DIVISION ASSISTANT (FDA),
R/O. MATHA KRUPA, GANDHI NAGAR,
KALGHATGI, DIST: DHARWAD

2. SMT.ANNAMMA CHACKO
AGE: 53 YEARS,
OCC: SECOND DIVISION ASSISTANT (SDA)
R/O.C/O.ST.MARY'S SCHOOL,
BELVANTAR POST, MACHAPUR,
KALGHATGI, DIST: DHARWAD

3. SHRI LOKKUS
S/O SAVER LOPIS, AGE: 51 YEARS,
OCC: SECOND DIVISION ASSISTANT (SDA)
R/O. MATHA KRUPA, GANDHI NAGAR,
KALGHATGI, DIST: DHARWAD

4. SHRI K A NADAF
AGE: 51 YEARS, OCC: TYPIST,
R/O. PLOT NO.57,
THIMMASAGAR ROAD,
SANTOSH NAGAR, OLD HUBBALLI,
(NEKAR NAGAR AREA),
HUBBALLI, DIST: DHARWAD

5. SHRI RUDRAYYA K KOTI
AGE: 51 YEARS, OCC: ATTENDER,
R/O. BISANALLI,
: 15 :

THIMMASAGAR ROAD,
SANTOSH NAGAR, OLD HUBBALLI,
(NEKAR NAGAR AREA), HUBBALLI,
DIST: DHARWAD

6. SHRI SYLWESTER C PANNAKAR
AGE: 49 YEARS, OCC: POEN,
R/O.AT POST: TAMARIKOPPA,
TQ: KALGHATGI, DIST: DHARWAD

7. SHRI BASTEPPA T TUMAKANNAVAR
AGE: 49 YEARS, OCC: POEN,
R/O.AT POST: TAMARIKOPPA,
TQ: KALGHATGI, DIST: DHARWAD

8. SHRI REMIJI
S/O JOHN HANIYAVAR
AGE: 40 YEARS, OCC: POEN,
R/O.AT POST: TAMARIKOPPA,
TQ: KALGHATGI, DIST: DHARWAD. ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
TO THE DEPRTMENT OF LAW &
PARLIMENTARY AFFAIRS,
RPTD.BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

2. THE STATE OF KARNATAKA
TO THE DEPRTMENT OF EDUCATION,
RPTD.BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

3. THE COMMISSIONER
DEPRTMENT OF EDUCATION,
NRUPATUNGA ROAD,
BENGALURU.
: 16 :

4. THE DIRECTOR OF COLLEGIATE
EDUCATION, GOVERNMENT
OF KARNATAKA,
VISHWESHWARIAH CIRCLE,
BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDA,
D C COUMPOUND, DHARWAD

6. GOOD NEWS WELFARE SOCIETY
KALAGHATAGI, DIST: DHARWAD,
RPTD.BY ITS
ADMINISTRATOR/SECRETARY

7. THE PRINCIPAL
GOOD NEWS WELFARE SOCIETY,
ARTS & COMMERCE, 1ST GRADE
COLLEGE, KALAGHATAGI,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF "
KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT,2014" AND CONSEQUENTLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-K AND ETC.,

IN WP No.108979/2014:

BETWEEN:

SHRI JAGADISH H DYAVAPPANAVAR,
AGED ABOUT 48 YEARS,
OCC: SELECTION GRADE LECTURER,
SGES RURAL POLYTECHNIC,
: 17 :

TARIHAL, HUBBALLI-580 026,
DIST: DHARWAD. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY,
LAW & PARLIAMENTARY AFFAIRS
DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU -560001.

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT,
M S BUILDING,
BENGALURU -560001.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA,
PALACE ROAD,
BENGALURU -560001.

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC,
TARIHAL, HUBBALLI-26,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE DATED 12.02.2014 ISSUED BY RESPONDENT NO.1
AND ANNEXURE-J CIRCULAR PASSED BY THE RESPONDENT
NO.3 DTD.05.09.2014 AND DIRECT THE RESPONDENTS TO
TREAT THE PRIVATE EDUCATION EMPLOYEES ON PAR WITH
GOVT. EMPLOYEES AND PROVIDING SERVICE BENEFITS TO
THEM AND ETC.,
: 18 :

IN WP No.109265/2014:

BETWEEN:

SHRI SUBRAY NARAYAN HEGDE
AGE: 49 YEARS,
OCC: SELECTION GRADE LECTURER
SRI VIDYADIRAJ POLYTECHNIC
KUMTA DIST: UTTAR KANNADA. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY
LAW AND PARLIAMENTARY AFFAIRS
DEPARTMENT,
VIDHANA SOUDHA, BENGALURU

2. STATE OF KARNATAKA
R/BY ITS UNDER SECRETARY,
EDUCATION DEPARTMENT
(TECHNICAL EDUCATION),
M S BUILDING,
BENGALURU

3. DIRECTOR OF TECHNICAL EDUCATION
GOVT OF KARNATAKA
PALACE ROAD,
BENGALURU.

4. THE PRINCIPAL
SRI VIDYADIRAJ POLYTECHNIC KUMTA
DIST: UTTAR KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE, DATED 12.02.2014 ISSUED BY RESPONDENT NO.1
: 19 :

AND ANNEXURE-J CIRCULAR PASSED BY THE RESPONDENT
NO.3 DATED 05.09.2014 AND DIRECT THE RESPODNENTS TO
TREAT THE PRIVATE EDUCATION EMPLOYEES ON PAR WITH
GOVT. EMPLOYEES AND PROVIDING SERVICE BENEFITS TO
THEM AND ETC.,

IN WP No.108992/2014:

BETWEEN:

SMT.AKKAMAHADEVI Y NAVALAGUND
AGE: 44 YEARS
OCC: SELECTION GRADE LECTURER
SGES RURAL POLYTECHNIC TARIHAL
HUBBALLI, DIST: DHARWAD. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY
LAW & PARLIAMENTARY AFFAIRS
DEPARTMENT, VIDHANA SOUDHA,
BENGALURU.

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY
HIGHER EDUCATION DEPARTMENT
M S BUILDING,
BENGALURU.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA
PALACE ROAD, BENGALURU.

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC
TARIHAL, HUBBALLI
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SHRI RAVI V.HOSAMANI, AGA FOR R1-R3)
: 20 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE, DATED 12.02.2014 IN NUMBER SAMVYASHA E 60
SHASANA 2013 BANGALORE ISSUED BY RESPONDENT NO.1
AND ANNEXURE-J CIRCULAR BEARING NO. DTE 4 GRT(2) 2014
PASSED BY THE RESPONDENT NO.3 DATED 05.09.2014 AND
DIRECT THE RESPONDENTS TO TREAT THE PRIVATE
EDUCATION EMPLOYEES ON PAR WITH GOVT. EMPLOYEES
AND PROVIDING SERVICE BENEFITS TO THEM AND ETC.,

IN WP No.108984/2014:

BETWEEN:

SHRI MAHANTESH M SHYAGOTI
AGED ABOUT: 53 YEARS,
OCC: SELECTION GRADE LECTURER,
SGES RURAL POLYTECHNIC TARIHAL,
HUBBALLI-580026,
DIST: DHARWAD. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY,
LAW & PARLIAMENTARY AFFAIRS
DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU -560001.

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT,
M S BUILDING,
BENGALURU -560001.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA,
PALACE ROAD,
: 21 :

BENGALURU -560001.

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC,
TARIHAL,
HUBBALLI-26,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE, DTD.12.02.2014 ISSUED BY RESPONDENT NO.1 AND
ANNEXURE-J CIRCULAR ISSUED BY THE RESPONDENT NO.3
DTD.05.09.2014 AND DIRECT THE RESPONDENTS TO TREAT
THE PRIVATE EDUCATION EMPLOYEES ON PAR WITH GOVT.
EMPLOYEES AND PROVIDING SERVICE BENEFITS TO THEM
AND ETC.,

IN WP No.108976/2014:

BETWEEN:

SHRI NAVARATNA R MOTE,
AGED ABOUT: 49 YEARS,
OCC: SELECTION GRADE LECTURER
SGES RURAL POLYTECHNIC TARIHAL
HUBBALLI-580 026,
DIST: DHARWAD. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY,
LAW & PARLIAMENTARY AFFAIRS
DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU -560001.
: 22 :

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT,
M S BUILDING,
BENGALURU -560001.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA,
PALACE ROAD,
BENGALURU -560001.

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC,
TARIHAL, HUBBALLI-26,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3,
R4 SD)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION AT ANNEUXRE-H, PUBLISHED IN KARNATAKA
GAZETTE, DATED:12.02.2014, ISSUED BY RESPONDENT NO.1 &
ANNEXURE-J, CIRCULAR, PASSED BY THE RESPONDENT NO.3
DATED:05.09.2014 & DIRECT THE RESPONDENTS TO TREAT
THE PRIVATE EDUCATION EMPLOYEES ON PAR WITH GOVT.
EMPLOYEES AND PROVIDING SERVICE BENEFITS TO THEM
AND ETC.,

IN WP No.108978/2014:

BETWEEN:

SHRI RAMESH V SHIROL,
AGED ABOUT: 55 YEARS,
OCC: SELECTION GRADE LECTURER,
SGES RURAL POLYTECHNIC,
TARIHAL, HUBBALLI-580 026,
DIST: DHARWAD. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)
: 23 :

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY,
LAW & PARLIAMENTARY AFFAIRS
DEPARTMENT, VIDHANA SOUDHA,
BENGALURU -560001.

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT,
M S BUILDING,
BENGALURU -560001.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA,
PALACE ROAD, BENGALURU -560001.

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC,
TARIHAL, HUBBALLI-26,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE DATED 12.02.2014 ISSUED BY RESPONDENT NO.1
AND ANNEXURE-J CIRCULAR ISSUED BY THE RESPONDENT
NO.3 DTD.05.09.2014 AND DIRECT THE RESPONDENTS TO
TREAT THE PRIVATE EDUCATION EMPLOYEES ON PAR WITH
GOVT. EMPLOYEES AND PROVIDING SERVICE BENEFITS TO
THEM AND ETC.,

IN WP No.108989/2014:

BETWEEN:

SHRI KIRAN G B
AGED ABOUT: 40 YEARS,
: 24 :

OCC: SELECTION GRADE LECTURER,
SGES RURAL POLYTECHNIC TARIHAL,
HUBBALLI-580026,
DIST: DHARWAD. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY,
LAW & PARLIAMENTARY AFFAIRS
DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU -560001.

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT,
M S BUILDING, BENGALURU -560001.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA,
PALACE ROAD,
BENGALURU -560001.

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC,
TARIHAL, HUBBALLI-26,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE, DATED:12.02.2014, ISSUED BY RESPONDENT NO.1
AND ANNEXURE-J, CIRCULAR ISSUED BY THE RESPONDENT
NO.3 DATED:05.09.2014 AND DIRECT THE RESPONDENTS TO
TREAT THE PRIVATE EDUCATION EMPLOYEES ON PAR WITH
GOVERNMENT EMPLOYEES AND PROVIDING SERVICE
BENEFITS TO THEM AND ETC.,
: 25 :

IN WP No.109264/2014:

BETWEEN:

SMT.VEENA
W/O JAGADISH NAYAK
BEFORE MARRIAGE SHAMALA KAMAT
AGE: 42 YEARS,
OCC: SELECTION GRADE LECTURER,
SRI VIDYADIRAJ POLYTECHNIC KUMTA
DIST: UTTAR KANNADA. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY
LAW AND PARLIAMENTARY AFFAIRS
DEPARTMENT, VIDHANA SOUDHA,
BENGALURU.

2. STATE OF KARNATAKA
R/BY ITS UNDER SECRETARY
EDUCATION DEPT. (TECHNICAL EDUCATION)
M S BUILDING, BENGALURU.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVT OF KARNATAKA
PALACE ROAD, BENGALURU.

4. THE PRINCIPAL
SRI VIDYADIRAJ POLYTECHNIC KUMTA
DIST: UTTAR KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE, DATED 12.02.2014 ISSUED BY RESPONDENT NO.1
: 26 :

AND ANNEXURE-J CIRCULAR PASSED BY THE RESPONDENT
NO.3 DATED 05.09.2014 AND DIRECT THE RESPONDENTS TO
TREAT THE PRIVATE EDUCATION EMPLOYEES ON PAR WITH
GOVT. EMPLOYEES AND PROVIDING SERVICE BENEFITS TO
THEM AND ETC.,

IN WP No.109261/2014:

BETWEEN:

SRI MALIYAPPA
S/O. BANAPPA MOKHASHI
AGE: 49 YEARS,
OCC: SELECTION GRADE LECTURER,
SRI VIDYADIRAJ POLYTECHNIC KUMTA
DIST: UTTAR KANNADA. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY
LAW AND PARLIAMENTARY
AFFAIRS DEPARTMENT,
VIDHANA SOUDHA, BENGALURU

2. STATE OF KARNATAKA
R/BY ITS UNDER SECRETARY
EDUCATION DEPARTMENT
(TECHNICAL EDUCATION)
M S BUILDING, BENGALURU.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVT OF KARNATAKA
PALACE ROAD, BENGALURU.

4. THE PRINCIPAL
SRI VIDYADIRAJ POLYTECHNIC KUMTA
DIST: UTTAR KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)
: 27 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE, DATED 12.02.2014 IN NUMBER SAMVYASHA E 60
SHASANA 2013 BANGALORE ISSUED BY RESPONDENT NO.1
AND ANNEXURE-J CIRCULAR BEARING NO. DTE 4 GRT(2) 2014
PASSED BY THE RESPONDENT NO.3 DATED 05.09.2014 AND
DIRECT THE RESPONDENTS TO TREAT THE PRIVATE
EDUCATION EMPLOYEES ON PAR WITH GOVT. EMPLOYEES
AND PROVIDING SERVICE BENEFITS TO THEM AND ETC.,

IN WP No.108988/2014:

BETWEEN:

SHRI SURESH S
AGED ABOUT: 50 YEARS,
OCC: SELECTION GRADE LECTURER,
SGES RURAL POLYTECHNIC TARIHAL,
HUBBALLI-580026,
DIST: DHARWAD. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY,
LAW & PARLIAMENTARY AFFAIRS
DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU -560001.

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT,
M S BUILDING,
BENGALURU -560001.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA,
PALACE ROAD,
: 28 :

BENGALURU -560001.

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC,
TARIHAL, HUBBALLI-26,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3 )

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE, DATED 12.02.2014 ISSUED BY RESPONDENT NO.1
AND ANNEXURE-J CIRCULAR PASSED BY THE RESPONDENT
NO.3 DATED 05.09.2014 AND DIRECT THE RESPONDENTS TO
TREAT THE PRIVATE EDUCATION EMPLOYEES ON PAR WITH
GOVT. EMPLOYEES AND PROVIDING SERVICE BENEFITS TO
THEM AND ETC.,

IN WP No.109273/2014:

BETWEEN:

SHRI GIRISH
S/O PUNDALIK PRABHU
AGE: 45 YEARS,
OCC: SELECTION GRADE LECTURER
SRI VIDYADIRAJ POLYTECHNICA KUMTA
DIST: UTTAR KANNADA. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY
LAW AND PARLIAMENTARY
AFFAIRS DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU.
: 29 :

2. STATE OF KARNATAKA
R/BY ITS UNDER SECRETARY
EDUCATION DEPARTMENT
(TECHNICAL EDUCATION)
M S BUILDING,
BENGALURU.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVT OF KARNATAKA
PALACE ROAD,
BENGALURU.

4. THE PRINCIPAL
SRI VIDYADIRAJ POLYTECHNIC,
KUMTA,
DIST: UTTAR KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE, DATED:12.02.2014, ISSUED BY RESPONDENT NO.1
AND ANNEXURE-J, CIRCULAR ISSUED BY THE RESPONDENT
NO.3 DATED:05.09.2014 AND DIRECT THE RESPONDENTS TO
TREAT THE PRIVATE EDUCATION EMPLOYEES ON PAR WITH
GOVERNMENT EMPLOYEES AND PROVIDING SERVIE BENEFITS
TO THEM AND ETC.,

IN WP No.108983/2014:

BETWEEN:

SMT.JAYASHEELA R PATIL
AGE: 46 YEARS,
OCC: SELECTION GRADE LECTURER
SGES RURAL POLYTECHNIC TARIHAL
HUBBALLI, DIST: DHARWAD. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)
: 30 :

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY
LAW & PARLIAMENTARY AFFAIRS
DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU.

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY
HIGHER EDUCATION DEPARTMENT
M S BUILDING,
BENGALURU.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA
PALACE ROAD, BENGALURU.

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC
TARIHAL, HUBBALLI
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION AT ANNEUXRE-H, PUBLISHED IN KARNATAKA
GAZETTE, DATED 12.02.2014, ISSUED BY RESPONDENT NO.1 &
ANNEXURE-J, CIRCULAR, ISSUED BY THE RESPONDENT NO.3
DATED:05.09.2014 & DIRECT THE RESPONDENTS TO TREAT
THE PRIVATE EDUCATION EMPLOYEES ON PAR WITH GOVT.
EMPLOYEES AND PROVIDING SERVICE BENEFITS TO THEM
AND ETC.,

IN WP Nos.100077 - 100079/2015:

BETWEEN:

1. SHRI DAYANAND
: 31 :

S/O CHANNAYYA MATH
AGE: 47 YEARS,
OCC: ASSISTANT PROFESSOR
(GEOGRAPHY),
K.R.BELLAD ARTS & COMMERCE
COLLEGE, MUNDARGI,
TQ: MUNDARAGI,
DIST: GADAG

2. SMT.ANNAPOORNA
D/O SHARANAPPA KALYANI
AGE: 47 YEARS,
OCC: ASSISTANT PROFESSOR,
(GEOGRAPHY), K.R.BELLAD ARTS
& COMMERCE COLLEGE,
MUNDARGI,
TQ: MUNDARAGI, DIST: GADAG

3. SHRI HANUMANTHAPPA
S/O REVANEPPA DODDAMANI
AGE: 54 YEARS,
OCC: ASSISTANT PROFESSOR,
(GEOGRAPHY),
K.R.BELLAD ARTS &
COMMERCE COLLEGE,
MUNDARGI, TQ: MUNDARAGI,
DIST: GADAG. ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
RPTD.BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

2. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF EDUCATION,
M.S.BUILDING,
: 32 :

BENGALURU.

3. THE COMMISSIONER
DEPARTMENT OF EDUCATION,
NRUPATUNGA ROAD,
BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION
GOVERNMENT OF KARNTAKA,
VISHWESHWARIAH TOWER,
BENGALURU

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDA,
D C COMPOUND,
DHARWAD.

6. SHRI JAGADGURU ANNADANEESHWARA
VIDYA SAMITI (SJAV)
MUNDARAGI, TQ: MUNDARAGI,
DIST: GADAG,
RPTD.BY ITS THE SECRETARY

7. THE PRINICIPAL
K.R.BELLAD ARTS & COMMERCE
COLLEGE, MUNDARGI,
TQ: MUNDARAGI,
DIST: GADAG. ... RESPONDENTS

( BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5, R6 AND R7 SD)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT,2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-L AND ETC.,
: 33 :

IN WP No.108980/2014:

BETWEEN:

SHRI RAYAPPA M DYAMAKKANAVAR
AGE: 48 YEARS,
OCC: SELECTION GRADE LECTURER
SGES RURAL POLYTECHNIC TARIHAL
HUBBALLI, DIST: DHARWAD. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY
LAW & PARLIAMENTARY AFFAIRS
DEPARTMENT,
VIDHANA SOUDHA, BENGALURU

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY
HIGHER EDUCATION DEPARTMENT
M S BUILDING, BENGALURU.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA
PALACE ROAD,
BENGALURU.

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC
TARIHAL, HUBBALLI,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION AT ANNEXURE-H PUBLISHED IN KARNATAKA
GAZETTE DATED 12.02.2014 ISSUED BY RESPONDENT NO.1
: 34 :

AND ANNEXURE-J CIRCULAR PASSED BY THE RESPONDENT
NO.3 DTD.05.09.2014 AND DIRECT THE RESPONDENTS TO
TREAT THE PRIVATE EDUCATION EMPLOYEES ON PAR WITH
GOVT. EMPLOYEES AND PROVIDING SERVICE BENEFITS TO
THEM AND ETC.,

IN WP No.109274/2014:

BETWEEN:

SHRI DAYANAND JAGANNATH SHET
AGE: 41 YEARS
OCC: SELECTION GRADE LECTURER
SRI VIDYADIRAJ POLYTECHNIC,
KUMTA, DIST: UTTAR KANNADA. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY
LAW AND PARLIAMENTARY
AFFAIRS DEPARTMENT,
VIDHANA SOUDHA, BENGALURU

2. STATE OF KARNATAKA
R/BY ITS UNDER SECRETARY
EDUCATION DEPARTMENT
(TECHNICAL EDUCATION)
M S BUILDING, BENGALURU

3. DIRECTOR OF TECHNICAL EDUCATION
GOVT OF KARNATAKA
PALACE ROAD, BENGALURU.

4. THE PRINCIPAL
SRI VIDYADIRAJ POLYTECHNIC,
KUMTA, DIST: UTTAR KANNADA.
... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)
: 35 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE, DATED 12.02.2014 IN NUMBER SAMVYASHA E 60
SHASANA 2013 BANGALORE ISSUED BY RESPONDENT NO.1
AND ANNEXURE-J CIRCULAR BEARING NO. DTE 4 GRT(2) 2014
ISSUED BY THE RESPONDENT NO.3 DATED 05.09.2014 AND
DIRECT THE RESPONDENTS TO TREAT THE PRIVATE
EDUCATION EMPLOYEES ON PAR WITH GOVT. EMPLOYEES
AND PROVIDING SERVICE BENEFITS TO THEM AND ETC.,

IN WP No.109275/2014:

BETWEEN:

SHRI GOPALKRISHNA
S/O. DEVARU BHAT
AGE: 48 YEARS,
OCC: SELECTION GRADE LECTURER,
SRI VIDYADIRAJ POLYTECHNIC KUMTA
DIST: UTTAR KANNADA. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY
LAW AND PARLIAMENTARY
AFFAIRS DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU.

2. STATE OF KARNATAKA
R/BY ITS UNDER SECRETARY
EDUCATION DEPARTMENT
(TECHNICAL EDUCATION)
M S BUILDING, BENGALURU

3. DIRECTOR OF TECHNICAL EDUCATION
GOVT OF KARNATAKA
: 36 :

PALACE ROAD, BENGALURU

4. THE PRINCIPAL
SRI VIDYADIRAJ POLYTECHNIC
KUMTA, DIST: UTTAR KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3 )

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE, DATED 12.02.2014 IN NUMBER SAMVYASHA E 60
SHASANA 2013 BANGALORE ISSUED BY RESPONDENT NO.1
AND ANNEXURE-J CIRCULAR BEARING NO. DTE 4 GRT(2) 2014
ISSUED BY THE RESPONDENT NO.3 DATED 05.09.2014 AND
DIRECT THE RESPONDENTS TO TREAT THE PRIVATE
EDUCATION EMPLOYEES ON PAR WITH GOVT. EMPLOYEES
AND PROVIDING SERVICE BENEFITS TO THEM AND ETC.,

IN WP NO. 109280 OF 2014:

BETWEEN:

SHRI DEEPAK
S/O.MANJUNATH PRABHU
AGE: 45 YEARS,
OCC: SELECTION GRADE LECTURER,
SRI VIDYADIRAJ POLYTECHNIC KUMTA
DIST: UTTAR KANNADA. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY
LAW AND PARLIAMENTARY
AFFAIRS DEPARTMENT,
VIDHANA SOUDHA, BENGALURU

2. STATE OF KARNATAKA
R/BY ITS UNDER SECRETARY
: 37 :

EDUCATION DEPARTMENT
(TECHNICAL EDUCATION)
M S BUILDING,
BENGALURU.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVT OF KARNATAKA
PALACE ROAD,
BENGALURU.

4. THE PRINCIPAL
SRI VIDYADIRAJ POLYTECHNIC
KUMTA
DIST: UTTAR KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE, DATED 12.02.2014 IN NUMBER SAMVYASHA E 60
SHASANA 2013 BANGALORE ISSUED BY RESPONDENT NO.1
AND ANNEXURE-J CIRCULAR BEARING NO. DTE 4 GRT(2) 2014
PASSED BY THE RESPONDENT NO.3 DATED 05.09.2014 AND
DIRECT THE RESPONDENTS TO TREAT THE PRIVATE
EDUCATION EMPLOYEES ON PAR WITH GOVT. EMPLOYEES
AND PROVIDING SERVICE BENEFITS TO THEM AND ETC.,

IN WP Nos.101104 & 101105 - 125 OF 2015:

BETWEEN:

1. SHRI MOHAMMED ISMAIL
S/O IBRAHIM BELGUAMKAR,
AGE: 52 YEARS,
OCC: ACCOUNT SUP

2. SHRI RIYAZAHMED
S/O ISMAIL KHADKE
AGE: 48 YEARS, OCC: FDA
: 38 :

3. SHRI SAYED ALIMUDDIN
S/O SAYED NOORUDDIN KHADRI
AGE: 57 YEARS, OCC: FDA

4. SHRI SHIRAJUDDIN
S/O TAJUDDIN BADEGHAR
AGE: 53 YEARS, OCC: SDA

5. SHRI MOHAMMED RAFEEK
S/O MOHAMMED SHAFI MUNSHI
AGE: 52 YEARS, OCC: SDA

6. SHRI RASOOLSAHEB
S/O ADAMSAHEB GULGUNDI
AGE: 48 YEARS, OCC: LAB ASST

7. SHRI BASHEERAHMED
S/O MOHAMMED HANIF DAMBAL
AGE: 49 YEARS,
OCC: CLERK CUM TYPIST

8. SHRI ABDUL MAZID
S/O ABDUL REHMAN KITHUR
AGE: 59 YEARS,
OCC: IIND GRADE TYPIST

9. SHRI MEHBOOB ALI
S/O BABUSAB SAYED
AGE: 45 YEARS,
OCC: ATTENDER

10. SHRI MUNEERAHMED
S/O MOHAMMEDSAB SHIRHATH
AGE: 55 YEARS, OCC: PEON

11. SHRI SAMIULLAHA
S/O ABDULMAZID SOUDAGER
AGE: 44 YEARS, OCC: PEON

12. SHRI GOUSMOHDIN
S/O ABDUL SATTAR KAMMAR
AGE: 44 YEARS, OCC: PEON
: 39 :

13. SHRI RAHIMANSAHEB
S/O GHUDUSAB SHAIKH
AGE: 51 YEARS, OCC: PEON

14. SHRI HUSSAINISAB
S/O KHASIMSAB NAIKWADI
AGE: 48 YEARS, OCC: PEON

15. SHRI RIYAZAHMED
S/O ABDULRAZAK TEENWALE
AGE: 48 YEARS, OCC: PEON

16. SHRI TOUFQUEAHMED
S/O SULEMANSAB SHAIKH
AGE: 45 YEARS, OCC: PEON

17. SHRI MURTUJA
S/O MOHAMEDKHURSHEED HUBLIKAR
AGE: 40 YEARS, OCC: PEON

18. SHRI SARAFRAJ AHMED
S/O ABDULKHADER RAHUT
AGE ABOUT : 41 YEARS,
OCC: PEON

19. SHRI RAZAK
S/O ABDULKAHDER SUBEDAR
AGE ABOUT : 60 YEARS,
OCC: ATTENDER

20. SHRI NAZEER AHMED
S/O KARIMSAB DODDAMANI
AGE ABOUT: 38 YEARS,
OCC: S.D.A.

21. SHRI NABIRASOOL
S/O BUDANSAHEB NALATWAD
AGE ABOUT: 45 YEARS,
OCC: ASSOCIATED PROFESSOR.

ALL ARE ARE WORKING AT
ANJUMAN ARTS SCIENCE AND
: 40 :

COMMERCE COLLEGE,
DHARWAD. ... PETITIONERS

(BY SRI. RAJASHEKAR GUNJALLI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF LAW AND
PARLIMENTARY AFFAIRS,
VIDHANA SOUDHA, BENGALURU

2. THE STATE OF KARNATAKA
BY ITS SECRETARY ,
DEPARTMENT OF EDUCATION,
VIDHANA SOUDHA,
BENGALURU.

3. THE COMMISSIONER
DEPARTMENT OF EDUCATION,
K.R. CIRCLE, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION
GOVERNMENT OF KARNATAKA,
VISHWESHWARIAH CIRCLE,
BENGALURU.

5. THE REGIONAL JOINT DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANASOUDA,
D C COMPOUND,
DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5 )

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH ANNEXURE-E PUBLISHED IN KARNATAKA GAZETTE
DATED 12.02.2014 IN PART IV(A) AND ETC.,
: 41 :

IN WP No.100958/2015:

BETWEEN:

SHRI MALLIKARNJUNAYYA
S/O SIDDARAMAYYA MURUGODMATH
AGE: 50 YEARS,
OCC: ASSOCIATE PROFESSOR
(COMMERCE)
GOOD NEWS WELFARE SOCIETYS,
ARTS & COMMERCE FIRST
GRADE COLLEGE,
KALAGHATAGI. ... PETITIONER

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
RPTD.BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU

2. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF EDUCATION,
RPTD.BY ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU

3. THE COMMISSIONER
DEPARTMENT OF EDUCATION,
BENGALURU

4. THE DIRECTOR OF COLLEGIATE
EDUCATION
GOVERNMENT OF KARNATAKA,
VISHWESHWARIAH CIRCLE,
BENGALURU

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDA,
D C COMPOUND,
: 42 :

DHARWAD

6. GOOD NEWS WELFARE SOCIETY
KALAGHATAGI, DIST: DHARWAD
RPTD.BY ITS THE ADMINISTRATOR
/SECRETARY

7. THE PRINCIPAL
GOOD NEWS WELFARE SOCIETY,
ARTS & COMMERCE,
1ST GRADE COLLEGE,
KALAGHATAGI, DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5, R6 AND R7 SD)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO STRUCK
DOWN THE PROVISIONS OF THE ACT NO.07 OF "KARNATAKA
PRIVATE AIDED EDUCATION INSTITUTIONS EMPLOYEES
(REGULATION OF PAY, PENSION AND OTHER BENEFITS)
ACT,2014" AND CONSEQUETNLY TO QUASH THE GAZETTE
NOTIFICATION DATED 12.02.2014 PUBLISHED IN KARNATAKA
GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-H AND ETC.,

IN WP No.108974/2014:

BETWEEN:

SHRI NAGARAJ S V,
AGE: 48 YEARS,
OCC: SELECTION GRADE LECTURER
SGES RURAL POLYTECHNIC TARIHAL
HUBBALLI, DIST: DHARWAD. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY
LAW & PARLIAMENTARY
: 43 :

AFFAIRS DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU.

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY
HIGHER EDUCATION DEPARTMENT
M S BUILDING,
BENGALURU.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA
PALACE ROAD, BENGALURU.

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC
TARIHAL, HUBBALLI
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION AT ANNEUXRE-H, PUBLISHED IN KARNATAKA
GAZETTE, DATED:12.02.2014, ISSUED BY RESPONDENT NO.1 &
ANNEXURE-J, CIRCULAR, PASSED BY THE RESPONDENT NO.3
DATED:05.09.2014 & DIRECT THE RESPONDENTS TO TREAT
THE PRIVATE EDUCATION EMPLOYEES ON PAR WITH GOVT.
EMPLOYEES AND PROVIDING SERVICE BENEFITS TO THEM
AND ETC.,

IN WP No.113061/2014:

BETWEEN:

SHRI MRITYUNJAYASWAMY
S/O PANCHAKSHARISWAMY HIREMATH
AGE: 50 YEARS,
OCC: ASSOCIATE PROFESSOR
(COMMERCE), GOOD NEWS WELFARE
SOCIETYS ARTS & COMMERCE,
FIRST GRADE COLLEGE-KALAGHATGI,
: 44 :

TQ: KALGHATGI, DIST: DHARWAD. ... PETITIONER

(BY SRI. MALLIKARJUN S HIREMATH, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
VIDHANASOUDHA,
BENGALURU -560001.

2. THE STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF EDUCATION,
VIDHANA SOUDHA,
BENGALURU -560001.

3. THE COMMISSIONER
DEPARTMENT OF EDUCATION,
BENGALURU -560001

4. THE DIRECTOR
COLLEGIATE EDUCATION,
GOVERNMENT OF KARNATAKA,
VISHWESHWARIAH CIRCLE,
BENGALURU -560001

5. THE REGIONAL JOINT DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND,
DHARWAD-580001

6. GOOD NEWS WELFARE SOCIETY
KALAGHATAGI, DIST: DHARWAD,
R/BY ITS THE ADMINISTRATOR/
SECRETARY, DHARWAD.

7. THE PRINCIPAL
GOOD NEWS WELFARE SOCIETY,
ARTS & COMMERCE,
: 45 :

1ST GRADE COLLEGE,
KALAGHATAGI,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5,
R6 AND R7 SD)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO STRUCK
DOWN THE NEW ACT NO.7 OF KARNATAKA PRIVATE AIDED
EDUCATIONAL INSTITUTIONS EMPLOYEES (REGULATION OF
PAY, PENSION AND OTHER BENEFITS) ACT, 2014 AS
UNCONSTITUTIONAL OPPOSE TO PRINCIPLE EQUAL PAY EQUAL
WORK AND VIOLATIVE OF
ARTICLE 14
OF THE CONSTITUTION
OF INDIA AND CONSEQUENTLY QUASH TEH GAZETTE
NOTIFICATION DATED:12.02.2014 (ANNEXURE-J), PASSED BY
THE 1ST RESPONDENT AND ETC.,

IN WP Nos.109283 & 109311 - 319/2014:

BETWEEN:

1. SHRI YECHURAPPA
S/O. VEERBHADRAPPA JADAMALI
AGE: 59 YEARS,
OCC: OFFICE SUPERINTENDENT
SRI KALMESHWAR VIDYAPRASARAK
SAMITHIS ARTS,
SCIENCE & COMMERCE COLLEGE,
HOLEALUR, TQ : RON, DIST: GADAG

2. SHRI MALLANAGOUDA
S/O. VEERANAGOUDA PATIL
AGE: 53 YEARS,
OCC: FIRST DIVISIONAL ASSISTANT,
--- REST DO ----

3. SHRI MOHAN
S/O. PRALHADARAO BELAGAVNKAR
AGE: 57 YEARS,
OCC: SECOND DIVISIONAL ASSISTANT,
--- REST DO ----
: 46 :

4. SHRI SOMSHEKARAPPA
S/O. YELLAPPA HERKAL
AGE: 56 YEARS,
OCC: CLERK CUM TYPIST,
--- REST DO ----

5. SHRI SHIVAPPA
S/O. RAMAPPA MUNDINAMANI
AGE: 50 YEARS,
OCC: LIBRARY ASSISTANT,
--- REST DO ----

6. SHRI SHEKARAPPA
S/O. GURAPPA MALAWAD
AGE: 45 YEARS, OCC: ATTENDER
--- REST DO ----

7. SHRI MALLIKARJUN
S/O. SIDDAPPA SANABAD
AGE: 44 YEARS, OCC: ATTENDER
--- REST DO ----

8. SHRI ASHOK
S/O. GURAPPA HADAPAD
AGE: 48 YEARS, OCC: PEON
--- REST DO ----

9. SHRI ISHWARAYYA
S/O. MADIVALAYYA PUJAR
AGE: 47 YEARS, OCC: PEON
--- REST DO ----

10. SHRI BALAPPA
S/O. BHEEMAPPA CHALWADI
AGE: 50 YEARS, OCC: PEON
--- REST DO ---- ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF LAW &
: 47 :

PARLIAMENTARY AFFAIRS,
R/BY ITS PRINCIPAL SECRETARY
VIDHANA SOUDHA,
BANGALORE.

2. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF EDUCATION
R/BY ITS SECRETARY
VIDHANA SOUDHA,
BANGALORE.

3. THE COMMISSIONER
DEPARTMENT OF EDUCATION
BANGALORE

4. THE DIRECTOR OF COLLEGIATE
EDUCATION
GOVERNMENT OF KARNATAKA
VISHWESHWARIAH CIRCLE,
BANGALORE.

5. THE REGIONAL JOINT DIRECTOR
COLLEGIATE EDUCATION
MINI VIDHAN SOUDHA,
D C COMPOUND, DHARWAD

6. SRI KALMESHWARA VIDYAPRASARAK
SAMITHI , HOLEALUR,
TQ: RON, DIST: GADAG
R/BY ITS CHAIRMAN

7. THE PRINCIPAL
SRI KALMESHWARA VIDYAPRASARAK
SAMITHI, ARTS, SCIENCE &
COMMERCE COLLEGE,
HOLEALUR,
TQ: RON DIST: GADAG. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5, R6 AND R7 SD)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
: 48 :

QUASH ANNEXURE-H PUBLISHED IN KARNATAKA GAZETTE IN
NO.SAVYASHAE 60 SHASANA 2013, BANGALORE DATED
12.02.2014 IN PART IV(A) AND ETC.,

IN WP Nos.110012/2014 & 100916-925/2015
& 100926 OF 2015

BETWEEN:

1. SHRI V M GURUMATH AGE: 49 YEARS,
OCC: ASSOCIATE PROFESSOR IN
KANNADA SUBJECT,
DR. PGAS SAMITHI'S PANDIT
PANCHAKSHARA GAVAYIGALAVAR
SANGEET MAHAVIDYALAYA,
GADAG, DIST: GADAG.

2. SHRI R B JAKATI, AGE: 57 YEARS,
OCC: ASSISTANT PROFESSO IN KHAYAL,
--- REST DO ---

3. SHRI G T HIDKIMATH, AGE: 48 YEARS,
OCC: ASSISTANT PROFESSOR IN
ENGLISH SUBJECT,
--- REST DO ---

4. SHRI R I HIREMATH, AGE: 54 YEARS,
OCC: ASSISTANT PROFESSOR IN SITAR,
--- REST DO ---

5. SMT.M S HEGDE, AGE: 47 YEARS,
OCC: ASSISTANT PROFESSOR IN KHAYAL,
--- REST DO ---

6. SHRI G E BADIGER,
AGE: 51 YEARS, OCC: LIBRARIAN,
--- REST DO ----

7. SHRI G G SUTAR, AGE: 51 YEARS,
OCC: TABLA PAK VADYAGAR,
--- REST DO ---

8. SHRI Y R MULIMANI, AGE: 42 YEARS,
: 49 :

OCC: TABLA PAK VADYAGAR,
--- REST DO ---

9. SHRI V K JOSHI, AGE: 47 YEARS,
OCC: TABLA PAK VADYAGAR,
--- REST DO ---

10. SHRI V M PATTADAKAL, AGE: 45 YEARS,
OCC: HARMONIUM ACCOMPANIST,
--- REST DO ---

11. DR. (SMT) S G HIREMATH,
AGE: 49 YEARS,
OCC: ASSISTANT PROFESSOR
IN KHAYAL,
--- REST DO --- ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF LAW
& PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

2. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF EDUCATION
REPRESENTED BY
ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

3. THE COMMISSIONER,
DEPARTMENT OF EDUCATION
BENGALURU

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
GOVERNMENT OF KARNATAKA,
: 50 :

VISHWESHWARIAH CIRCLE,
BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD.

6. DR. PUTTARAJ GAVAYIGALAVAR
ANDHARA SHIKSHANA SAMITHI
(DR. P G A S SAMITHI),
GADAG, DIST: GADAG,
REPRESENTED BY ITS SECRETARY.

7. THE PRINCIPAL,
PANDIT PANCHAKSHARA
GAVAYIGALAVAR SANGEET
MAHAVIDYALAYA,
GADAG, DIST: GADAG. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5, R7 SD )

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT,2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-J AND ETC. ,

IN WP NO. 108981 OF 2014:

BETWEEN:

MS.SAVITA S CHITAGUBBI
AGE: 40 YRS., OCC: SELECTION GRADE LECTURER
SGES RURAL POLYTECHNIC TARIHAL
HUBBALLI, DIST: DHARWAD. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)
: 51 :

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY
LAW & PARLIAMENTARY AFFAIRS
DEPARTMENT, VIDHAN SOUDHA,
BENGALURU.

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY
HIGHER EDUCATION DEPARTMENT
M S BUILDING,
BENGALURU.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA
PALACE ROAD,
BENGALURU.

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC
TARIHAL, HUBBALLI
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3, R4 SD)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE, DT. 12.02.2014 IN NUMBER SAMVYASHA E 60
SHASANA 2013 BANGALORE ISSUED BY RESPONDENT NO.1
AND ANNEXURE-J CIRCULAR ISSUED BY THE RESPONDENTS
NO.3 DT. 05.09.2014 AND DIRECT THE RESPONDENTS TO
TREAT THE PRIVATE EDUCATION EMPLOYEES ON PAR WITH
GOVT. EMPLOYEES AND PROVIDING SERVICE BENEFITS TO
THEM AND ETC.,
: 52 :

IN WP Nos.110011/2014 &
100905 - 915/2015:

BETWEEN:

1. SHRI S C HIREMATH,
AGE: 50 YEARS,
OCC: FIRST DIVISION ASSISTANT,
SRI. PANDIT PANCHAKSHARI GAVAYIGALA
MUSIC COLLEGE,
GADAG, DIST: GADAG.

2. SHRI S D KADANNAVAR,
AGE: 45 YEARS,
OCC: SECOND DIVISION ASSISTANT
--- REST DO ---

3. SHRI P B HIDKIMATH,
AGE: 44 YEARS,
OCC: SECOND DIVISION ASSISTANT
--- REST DO ---

4. SMT.P V HIREMATH,
AGE: 52 YEARS,
OCC: CLERK CUM TYPIST,
--- REST DO ---

5. SRI M M EMMI, AGE: 49 YEARS,
OCC: TYPIST,
--- REST DO ---

6. SHRI H F GANJYAL,
AGE: 56 YEARS,
OCC: LIBRARY ASSISTANT,
--- REST DO ---

7. SHRI B A IMRAPUR,
AGE: 55 YEARS,
OCC: ATTENDER,
--- REST DO ---

8. SHRI M Y GONEPPANAVAR,
AGE: 51 YEARS, OCC: ATTENDER,
: 53 :

--- REST DO ---

9. SHRI S A SOPPIMATH,
AGE: 54 YEARS, OCC: PEON,
--- REST DO ---

10. SHRI H G HIREMATH,
AGE: 45 YEARS, OCC: PEON,
--- REST DO ---

11. SHRI B H JOGARADDI,
AGE: 42 YEARS, OCC: PEON,
--- REST DO ---

12. SHRI H S OLEKAR,
AGE: 41 YEARS, OCC: PEON,
--- REST DO --- ... PETITIONERS

(BY SHRI A.S.PATIL, ADV)

AND:

1. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU.

2. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF EDUCATION
REPRESENTED BY
ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

3. THE COMMISSIONER,
DEPARTMENT OF EDUCATION,
PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
GOVERNMENT OF KARNATAKA,
: 54 :

VISHWESHWARIAH CIRCLE,
BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD.

6. DR. PUTTARAJ GAVAYIGALAVAR
ANDHARA SHIKSHANA SAMITHI,
GADAG, DIST: GADAG,
REPRESENTED BY ITS SECRETARY

7. THE PRINCIPAL,
PANDIT PANCHAKSHARA
GAVAYIGALAVAR MISIC COLLEGE,
GADAG, NEAR APMC YARD, GADAG
GADAG DISTRICT. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5, R6 AND R7 SD)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATION INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT,2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-H AND ETC.,

IN WP Nos.109517- 109547/2014
& 109548/2014:

BETWEEN:

1. MRS.NAAZ PARVEEN MOHAMAD SHAIKH
@ NAAZ PARVEEN ABDUL AZIZ KHATIB
AGE: 44 YEARS,
OCC: SELECTION GRADE LECTURE IN
CIVIL ENGINEERING DEPARTMENT
: 55 :

2. MRS.PRABHAWATI
D/O. MUDAKAPPA HOSAMANI
AGE: 49 YEARS,
OCC: SELECTION GRADE LECTURE IN
CIVIL ENGINEERING DEPARTMENT

3. SRI SANJEEV
S/O. BASAVARAJ HASARANI
AGE: 52 YEARS,
OCC: SELECTION GRADE LECTURE IN
CIVIL ENGINEERING DEPARTMENT

4. SRI RAJENDRAKUMAR
S/O. PARAPPA SUNKAD,
AGE: 50 YEARS,
OCC: SELECTION GRADE LECTURE IN
CIVIL ENGINEERING DEPARTMENT

5. SRI RAJU
S/O. BHUJANGARAO POTE
AGE: 51 YEARS,
OCC: SELECTION GRADE LECTURE IN
CIVIL ENGINEERING DEPARTMENT

6. SRI VIKRAM
S/O. RAMACHANDRA KULKARNI
AGE: 46 YEARS,
OCC: SELECTION GRADE LECTURE IN
CIVIL ENGINEERING DEPARTMENT

7. SRI PRAKASH
S/O. NINGAPPA HEGNAIK
AGE: 50 YEARS,
OCC: SELECTION GRADE LECTURE IN
CIVIL ENGINEERING DEPARTMENT

8. SATHISH D S/O. K N DEVEGOWDA
AGE: 46 YEARS,
OCC: SELECTION GRADE LECTURE IN
CIVIL ENGINEERING DEPARTMENT

9. SRI ADIRAJ
: 56 :

S/O. BAHUBALI SUPPANNAVAR
AGE: 50 YEARS,
OCC: SELECTION GRADE LECTURE IN
MECHANICAL ENGINEERING DEPARTMENT

10. SRI SUDHAKAR
S/O. VASANTRAO MAHINDRAKAR
AGE: 49 YEARS,
OCC: SELECTION GRADE LECTURE IN
MECHANICAL ENGINEERING DEPARTMENT

11. SRI DYAMAGOUDA
S/O. SABU HANAGANDI
AGE: 46 YEARS,
OCC: SELECTION GRADE LECTURE IN
MECHANICAL ENGINEERING DEPARTMENT

12. SRI ASHOK
S/O. SHANKAR CHIMMALAGI
AGE: 46 YEARS,
OCC: SELECTION GRADE LECTURE IN
MECHANICAL ENGINEERING DEPARTMENT

13. SRI ABHAY
S/O. BABU DESAI
AGE: 46 YEARS,
OCC: SELECTION GRADE LECTURE IN
MECHANICAL ENGINEERING DEPARTMENT

14. SRI KOTRESHI
S/O. BASAPPA GOPALPUR
AGE: 46 YEARS,
OCC: SELECTION GRADE LECTURE IN
MECHANICAL ENGINEERING DEPARTMENT

15. SRI ANGADI V S
S/O. SADANANDA B ANGADI
AGE: 45 YEARS,
OCC: SELECTION GRADE LECTURE IN
MECHANICAL ENGINEERING DEPARTMENT

16. SRI ANEKANT
: 57 :

S/O. MAKAGOUDA PATIL
AGE: 45 YEARS,
OCC: SELECTION GRADE LECTURE IN
MECHANICAL ENGINEERING DEPARTMENT

17. SRI MAHAVEER
S/O. DHAREPPA YALAGUDRI
AGE: 40 YEARS,
OCC: SELECTION GRADE LECTURE IN
MECHANICAL ENGINEERING DEPARTMENT

18. SRI MAHANTESH
S/O. SHANKARAYYA MALLAYYANNAVAR
AGE: 48 YEARS,
OCC: SELECTION GRADE LECTURE IN
ELECTRICAL & ELECTRONICS
ENGINEERING DEPARTMENT

19. MRS.MANASA
W/O. RAJESH DESURKAR
AGE: 44 YEARS,
OCC: SELECTION GRADE LECTURE IN
ELECTRICAL & ELECTRONICS
ENGINEERING DEPARTMENT

20. SRI S K SREEDHARA
S/O. KODANDASRAMASWAMY
AGE: 48 YEARS,
OCC: SELECTION GRADE LECTURE IN
ELECTRICAL & ELECTRONICS
ENGINEERING DEPARTMENT

21. SRI SANGAPPA
S/O. YALLAPPA BHAGAVATI
AGE: 48 YEARS,
OCC: SELECTION GRADE LECTURE IN
ELECTRICAL & ELECTRONICS
ENGINEERING DEPARTMENT

22. SRI TIPPANNA
S/O. OGEPPA YADRANVI
AGE: 40 YEARS,
OCC: SELECTION GRADE LECTURE IN
: 58 :

ELECTRICAL & ELECTRONICS
ENGINEERING DEPARTMENT

23. MRS.VIDYA NAGARAJ AKKI
@ VIDYA BALAVANTRAO PATIL
AGE: 47 YEARS,
OCC: SELECTION GRADE LECTURE IN
SCIENCE DEPARTMENT

24. MRS.PADMASHREE BHUJABAI KADABI
@ POOJA ABHAYKUMAR CHAUGULE
AGE: 47 YEARS,
OCC: SELECTION GRADE LECTURE IN
SCIENCE DEPARTMENT

25. SRI BALASAHEB
S/O. APPANNA KUMBHAR
AGE: 40 YEARS,
OCC: SELECTION GRADE LECTURE IN
SCIENCE DEPARTMENT

26. MRS.SHEELA NAIK
D/O. ANANT M PANDIT
AGE: 42 YEARS,
OCC: SELECTION GRADE LECTURE IN
ELECTRONICS & COMMUNICATIONS
ENGINEERING DEPARTMENT

27. SRI RAMCHANDRA
S/O. NINGAPPA GANDHI
AGE: 44 YEARS,
OCC: SELECTION GRADE LECTURE IN
ELECTRIONICS & COMMUNICATIONS
ENGINEERING DEPARTMENT

28. SRI PRAKASHAIAH
S/O. NINGAYYA BHANDRIMATH
AGE: 46 YEARS,
OCC: SELECTION GRADE LECTURE IN
AUTOMOBILE ENGINEERING DEPARTMENT

29. SRI SHARANAPPA
: 59 :

S/O. YALLAPPA PURAD
AGE: 43 YEARS,
OCC: SELECTION GRADE
LECTURE IN AUTOMOBILE
ENGINEERING DEPARTMENT

30. SRI VEERABHADRAPPA
S/O. SANGAPPA JALAWADI
AGE: 44 YEARS,
OCC: SELECTION GRADE
LECTURE IN AUTOMOBILE
ENGINEERING DEPARTMENT

31. MR.SANJEEV
S/O. PARASAPPA NAIK
AGE: 43 YEARS,
OCC: SELECTION GRADE
LECTURE IN AUTOMOBILE
ENGINEERING DEPARTMENT

32. SRI JAGADESHCHANDRA
S/O. RANGAPPA LANKEPPANAVAR
AGE: 44 YEARS,
OCC: SELECTION GRADE
LECTURE IN AUTOMOBILE
ENGINEERING DEPARTMENT.
... PETITIONERS
(BY SRI. VITTHAL S TELI, ADV.)

AND:

1. THE STATE OF KARNATAKA
BY ITS SECRETARY DEPARTMENT AND
LAW & LEGAL AFFAIRS
M S BUILDING, BENGALURU

2. THE PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
DR AMBEDKAR VEEDI,
BENGALURU.

3. THE DIRECTOR
TECHNICAL EDUCATION
: 60 :

PALACE ROAD, BENGALURU

4. THE PRINCIPAL
GOMATESH POLYTECHNIC,
HINDWADI, BELAGAVI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 TO R3)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE KARNATAKA PRIVATE AIDED EDUCATIONAL
INSTITUTIONS EMPLOYEES (REGULATION OF PAY, PENSION
AND OTHER BENEFITS) BILL, 2014 DATED 27.01.2014 (L A BILL
NO.27 OF 2014) VIDE ANNEXURE-A PUBLISHED IN KARNATAKA
GAZETTE DATED 13.02.2014 AND ETC.,

IN WP NOS. 109549 - 109556
& 109557 OF 2014:

BETWEEN:

1. SRI RAGHAVENDRA JAGANNATHRAO
PATIL, AGE: 48 YEARS
OCC: SERVICE.

2. SRI SANJEEV KRISHNARAO PARVATIKAR
AGE: 49 YEARS,

3. SRI KRISHNA NARAYANRAO DHANAKSHIRUR
AGE: 50 YEARS,

4. SRI GOVIND RAMA SHINDE
AGE: 55 YEARS,
OCC: SERVICE

5. SRI BAGAGOUD MALEPPA B PATIL
AGE: 45 YEARS,
OCC: SERVICE

6. SRI KIRAN NAGAPPA YAMAKANAMARDI
AGE: 47 YEARS,
OCC: SERVICE
: 61 :

7. SRI SHIVASHANKAR V KOPPARAD
AGE: 39 YEARS,
OCC: SERVICE

8. SRI VINEETSINGH V SAVANUR
AGE: 38 YEARS, OCC: SERVICE

9. SRI MOHAMMEDALI M MARIHAL
AGE: 54 YEARS,
OCC: SERVICE. ... PETITIONERS

(BY SRI. VITTHAL S TELI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
BY ITS SECRETARY DEPARTMENT AND
LAW & LEGAL AFFAIRS
M S BUILDING, BENGALURU

2. THE PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
DR AMBEDKAR VEEDI,
BENGALURU.

3. THE DIRECTOR
TECHNICAL EDUCATION
PALACE ROAD, BENGALURU

4. THE PRINCIPAL
MOTICHAND LENGADE
BHARATESH POLYTECHNIC,
BASAVAN KUDACHI,
BELAGAVI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 TO R3)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE KARNATAKA PRIVATE AIDED EDUCATIONAL
INSTITUTIONS EMPLOYEES (REGULATION OF PAY, PENSION &
OTHER BENEFITS) BILL, 2014 DATED:27.01.2014 (LA BILL
: 62 :

NO.27 OF 2014) VIDE ANNEXUURE-A, PUBLISHED IN
KARNATAKA GAZETTE DATED:13.02.2014 AND ETC.,

IN WP NO. 101240/2015:

BETWEEN:

SRI BASAVARAJ
S/O DUNDAPPA MASTI,
AGED ABOUT: 48 YEARS,
OCC: SERVICE,
R/O: NO. 9, 1ST MAIN,
9TH CROSS, VIDYANAGAR,
JAMAKHANDI,
DIST: BAGALKOT. ... PETITIONER

(BY SRI. SADIQ N GOODWALA, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF LAW AND
PARLIAMENTARY AFFAIRS,
VIDHANA SOUDHA,
BENGALURU.

2. THE STATE OF KARNATAKA,
BY ITS SECRETARY
DEPARTMENT OF EDUCATION,
VIDHANSOUDHA,
BENGALURU.

3. THE COMMISSIONER
DEPARTMENT OF EDUCATION,
K.R.CIRCLE,
BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION, GOVERNMENT OF
KARNATAKA,
VISHWESHWARAIAH CIRCLE,
BENGALURU.
: 63 :

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDA,
D C COMPOUND,
DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 TO R5)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEXURE-D PUBLISHED IN KARNATAKA GAZETTE DATED
12.02.2014 IN PART IV(A) AND ETC.,

IN WP Nos.101084 - 101103/2015:

BETWEEN:

1. SRI RIYAZAHEMED
S/O HUSSAINSHAH DODDAMANI,
AGE: 53 YRS, OCC: ASSOCIATE PROFESSOR

2. SHRI MOHAMMED
S/O RAFEEK NABISAB MEERANAIK
AGE: 54 YEARS,
OCC: ASSOCIATE PROFESSOR

3. SMT.TAHERABEGUM
D/O HUSSAINSAB KASNACHI
AGE: 59 YEARS,
OCC: ASSOCIATE PROFESSOR

4. SMT.GADIGEVVA
D/O BASAPPA DESAI
AGE: 58 YEARS,
OCC: ASSOCIATE PROFESSOR

5. SRI NAZEERAHMED
S/O MALANGSHAH MAKANDAR
AGE: 50 YEARS,
OCC: ASSOCIATE PROFESSOR
: 64 :

6. SMT.SOPHIABEGUM
D/O AHMEDKHAN PATHAN
AGE: 58 YEARS,
OCC: ASSOCIATE PROFESSOR

7. SRI MOHAMMED ALI
S/O FEERSAB DODDAMANI
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR

8. SRI MOHAMMED GOUSE
S/O MOHAMMED QASIM BARCHIWALE
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR

9. SRI IMAMHUSSAIN
S/O RAJASAB YAKKUNDI
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR

10. SRI ABDULQADAR
S/O NABISAB DHARWAD
AGE: 59 YEARS,
OCC: ASSOCIATE PROFESSOR

11. SMT.RAHAHUNNISSA
AGE: 51 YEARS,
OCC: ASSOCIATE PROFESSOR

12. SMT.SALMA SHAHEEN
D/O SAYED KHAWAJAMAINUDDI
AGE: 54 YEARS,
OCC: ASSOCIATE PROFESSOR

13. SRI ABDULRAZAK
S/O IBRAHIMSAB SADERBHAI
AGE: 54 YEARS,
OCC: ASSOCIATE PROFESSOR

14. SRI FAKEERSAB
S/O HAJARSAB NADAF
AGE: 50 YEARS,
: 65 :

OCC: ASSOCIATE PROFESSOR

15. SMT.ASMANAZ
D/O SAYED SALAHUDDIN BELLARY
AGE: 48 YEARS,
OCC: ASSOCIATE PROFESSOR

16. SMT.RAZIYABEGUM FAKIRSAHEB SHAIKH
AGE: 55 YEARS,
OCC: ASSOCIATE PROFESSOR

17. SRI SALIM
S/O DASTAGIRSAB SOUDAGER
AGE: 54 YEARS,
OCC: ASSOCIATE PROFESSOR

18. SRI MAKSOODAHMED
S/O MOHAMMED HANIF JAVALI
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR

19. SRI IMAMHUSAIN
S/O AMINSAB MULLA
AGE: 49 YEARS,
OCC: ASSOCIATE PROFESSOR

20. SRI NAGARAJ
S/O VEERAPPA GUDAGANNAVAR
AGE: 49 YEARS,
OCC: ASSOCIATE PROFESSOR

ALL ARE WORKING AT
ANJUMAN ARTS, SCIENCE AND
COMMERCE COLLEGE,
DHARWAD, DIST: DHARWAD. ... PETITIONERS

(BY SRI. RAJASHEKAR GUNJALLI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF LAW AND
: 66 :

PARLIMENTARY AFFAIRS,
VIDHANA SOUDHA, BENGALURU

2. THE STATE OF KARNATAKA
BY ITS SECRETARY ,
DEPARTMENT OF EDUCATION,
VIDHANA SOUDHA, BENGALURU

3. THE COMMISSIONER
DEPARTMENT OF EDUCATION,
K.R. CIRCLE, BENGALURU

4. THE DIRECTOR OF COLLEGIATE
EDUCATION
GOVERNMENT OF KARNATAKA,
VISHWESHWARIAH CIRCLE,
BENGALURU

5. THE REGIONAL JOINT DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANASOUDA,
D C COMPOUND,
DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH ANNEXURE-E PUBLISHED IN KARNATAKA GAZETTE
DATED 12.02.2014 IN PART IV(A) AND ETC.,

IN WP NO. 109421/2014:

BETWEEN:

SHRI JAGANATH,
SELECTION GRADE LECTURER
MES R N SHETTY POLYTECHNIC
COLLEGE SIRSI, TQ SIRSI
DIST: UTTAR KANNADA. ... PETITIONER

(BY SRI. L. P. MATAGUPPI, ADVOCATE)
: 67 :

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAW &
PARLIAMENTARY AFFAIRS
R/BY ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU.

2. DIRECTOR OF BOARD OF
TECHNICAL EDUCATION
GOVT. OF KARNATAKA
PALACE ROAD, BENGALURU.

3. THE PRINCIPAL
MES R N SHETTY POLYTECHNIC
COLLEGE SIRSI, TQ: SIRSI
DIST:UTTAR KANNADA-581 402. ... RESPONDENTS

(BY SRI SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 & R2,
SRI ANANT HEGDE, ADV FOR R3 )

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING QUASH
KARNATAKA GAZETTE NOTIFICATION DATED 12.02.2014
ISSUED BY THE RESPONDENT NO.1, VIDE ANNEXURE-E AND
DIRECT THE FIRST RESPONDENT TO FOLLOW THE DECISION
RENDERED BY THIS COURT IN WRIT APPEAL NO.848/2008
C/W.450/2007 DATED 03.11.2009 IN TREATING THE PRIVATE
EDUCATIONAL INSTITUTIONS EMPLOYEES ON PAR WITH
GOVERNMENT EMPLOYEES IN PROVIDING SERVICE BENEFITS
TO THEM AND ETC.,

IN WP NO. 109426/2014:

BETWEEN:
SHRI ANAND B G,
SELECTION GRADE LECTURER
MES R N SHETTY POLYTECHNIC
COLLEGE SIRSI, TQ SIRSI
DIST: UTTAR KANNADA. ... PETITIONER
(BY SRI. L P MATAGUPPI, ADVOCATE)
: 68 :

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAW &
PARLIAMENTARY AFFAIRS
R/BY ITS SECRETARY
VIDHANA SOUDHA,
BENGALURU.

2. DIRECTOR OF BOARD OF
TECHNICAL EDUCATION
GOVT. OF KARNATAKA
PALACE ROAD, BENGALURU.

3. THE PRINCIPAL
MES R N SHETTY POLYTECHNIC
COLLEGE SIRSI, TQ: SIRSI
DIST:UTTAR KANNADA. ... RESPONDENTS

(BY SRI SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 & R2,
SRI ANANT HEGDE, ADV FOR R3)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEXURE-D PUBLISHED IN KARNATAKA GAZETTE DATED
12.02.2014 IN PART IV(A) AND DIRECT THE FIRST RESPONDENT
TO FOLLOW THE DECISION RENDERED BY THIS COURT IN
WRIT APPEAL NO.848/2008 C/W.450/2007 DATED 03.11.2009
IN TREATING THE PRIVATE EDUCATIONAL INSTITUTIONS
EMPLOYEES ON PAR WITH GOVERNMENT EMPLOYEES IN
PROVIDING SERVICE BENEFITS TO THEM AND ETC.,

IN WP Nos.109227 - 109243/2014:

BETWEEN:

1. SRI SALEEM M ABBIGERI
S/O. MAKTUMSAB
AGE: 57 YEARS,
SELECTION OF GRADE
LECTURER HOD (E & C)
DEPARTMENT OF ELECTRONIC
: 69 :

AND COMMUNICATION,
ANJUMAN E ISLAM POLYTECHNIC
BANGALORE ROAD,
NEAR MALASAMUDRA
GADAG, DIST: GADAG
R/O. NO. 54,
DR ZAKIR HUSSAIN COLOLY,
MULUGUND NAKA, GADAG

2. SRI ISHWARAPPA C HAIGAR
S/O. CHANNAPPA B HAIGAR
AGE: 56 YEARS
SELECTION OF GRADE LECTURER
HOD (CE)
DEPARTMENT OF CIVIL ENGINEERING
ANJUMAN E ISLAM POLYTECHNIC,
BANGALORE ROAD,
NEAR MALASAMUDRA
GADAG, DIST: GADAG
R/O. SIDDHALING NAGAR,
HUDCO COLONY, GADAG.

3. SRI KISHORE N REVANKAR
S/O. NAGESH REVANKAR
AGE: 46 YEARS
SELECTION OF GRADE LECTURER
DEPARTMENT OF ELECTRONIC
AND COMMUNICATION,
ANJUMAN E ISLAM POLYTECHNIC,
BANGALORE ROAD,
NEAR MALASAMUDRA GADAG,
DIST: GADAG
R/O. NO. 15/155 C,
VIMLESH PRASAD,
ADHARSA NAGAR, GADAG

4. SMT.NEELAMBIKA I JIRANKALI
D/O. IRAPPA D JIRANKALI
AGE: 41 YEARS
SELECTION OF GRADE LECTURER
DEPARTMENT OF ELECTRONIC
AND COMMUNICATION,
ANJUMAN E ISLAM POLYTECHNIC
: 70 :

BANGALORE ROAD,
NEAR MALASAMUDRA GADAG,
DIST: GADAG
R/O. KESHAVANAGAR, GADAG
DIST: GADAG

5. SRI A M MULLA
S/O. MOHAMMED ILYAS MULLA
AGE: 47 YEARS
SELECTION OF GRADE LECTURER
DEPARTMENT OF E & E
ANJUMAN E ISLAM POLYTECHNIC,
BANGALORE ROAD,
NEAR MALASAMUDRA
GADAG, DIST: GADAG
R/O. HUDCO COLONY, HULKOTI,
TQ & DIST: GADAG

6. SMT.HASINA R SIDNEKOPP
S/O. RAJESAB R SIDNEKOPP
AGE: 40 YEARS
SELECTION OF GRADE LECTURER
DEPARTMENT OF ELECTRICAL
& ELECTRONIC ENGINEERING
ANJUMAN E ISLAM POLYTECHNIC,
BANGALORE ROAD,
NEAR MALASAMUDRA
GADAG, DIST: GADAG
R/O. VEERESHWAR NAGAR,
SAMBAPUR ROAD, TQ & DIST: GADAG

7. SMT.S B AFGHAN
D/O. BABULAL R AFGHAN
AGE: 38 YEARS
SELECTION OF GRADE LECTURER
DEPARTMENT OF ELECTRICAL
& ELECTRONIC ENGINEERING
ANJUMAN E ISLAM POLYTECHNIC,
BANGALORE ROAD,
NEAR MALASAMUDRA
GADAG, DIST: GADAG
R/O. HUDCO COLONY,
: 71 :

TQ & DIST: GADAG

8. MRS.JAHIDA S KUKANOOR
D/O SADUDDIN SAB
AGE: 41 YEARS
SELECTION OF GRADE LECTURER
DEPARTMENT OF SCIENCE
ANJUMAN E ISLAM POLYTECHNIC,
BANGALORE ROAD,
NEAR MALASAMUDRA
GADAG, DIST: GADAG
R/O. HUDCO,
RADHAKRISHNA NAGAR,
MULUGUND ROAD, TQ & DIST: GADAG

9. SMT.L S PATIL
D/O. SHANKARAGOUDA
AGE: 46 YEARS
SELECTION OF GRADE LECTURER
DEPARTMENT OF ELECTRONIC
AND COMMUNICATION,
ANJUMAN E ISLAM POLYTECHNIC,
BENGALURU ROAD,
NEAR MALASAMUDRA
GADAG, DIST: GADAG
R/O. HUDCO, NEAR
BASAVESWAR SCHOOL,
TQ & DIST: GADAG.

10. SRI RAJANASA S PAWAR
S/O. SHANKARASA,
AGE: 49 YEARS
SELECTION OF GRADE LECTURER
DEPARTMENT OF ELECTRICAL
AND ELECTRONIC ENGINEERING
ANJUMAN E ISLAM POLYTECHNIC,
BENGALURU ROAD,
NEAR MALASAMUDRA
GADAG, DIST: GADAG
R/O.LIG -23,
RADHAKRISHNA NAGAR,
MULUGUND ROAD,
: 72 :

TQ & DIST: GADAG

11. SRI RAJU N BENAKANAKONDA
S/O. NAWAB SAB, AGE: 41 YEARS
SELECTION OF GRADE LECTURER
DEPARTMENT OF CIVIL
(PUBLIC HEALTH ENGINEERING)
ANJUMAN E ISLAM POLYTECHNIC,
BENGALURU ROAD,
NEAR MALASAMUDRA
GADAG, DIST: GADAG
R/O. KESHAVA NAGAR, P NO. 229,
HUBBALLI ROAD,
TQ & DIST: GADAG

12. SRI GIRISH Y HALLIKERI
S/O. YELLAPPA H HALLIKERI
AGE: 42 YEARS
SELECTION OF GRADE LECTURER
DEPARTMENT OF CIVIL
(PUBLIC HEALTH ENGINEERING)
ANJUMAN E ISLAM POLYTECHNIC,
BANGALORE ROAD,
NEAR MALASAMUDRA
GADAG, DIST: GADAG
R/O. NEAR SWIMMING POOL,
TAJ NAGAR, TQ & DIST: GADAG

13. MRS.MAIMUM I KHATIB
D/O. IBRAHIM M KHATIB
AGE: 52 YEARS
SELECTION OF GRADE LECTURER
DEPARTMENT OF CIVIL
(PUBLIC HEALTH ENGINEERING)
ANJUMAN E ISLAM POLYTECHNIC,
BENGALURU ROAD,
NEAR MALASAMUDRA
GADAG, DIST: GADAG
R/O. BEHIND D G M
AYURVEDIC SCHOOL,
SHIVANAND NAGAR, TQ & DIST: GADAG
: 73 :

14. SRI RAMESH S LAYADAGUNDI
S/O. SHIVAPPA H LAYADAGUNDI
AGE: 42 YEARS
SELECTION OF GRADE LECTURER
DEPARTMENT OF CIVIL
(PUBLIC HEALTH ENGINEERING)
ANJUMAN E ISLAM POLYTECHNIC,
BENGALURU ROAD,
NEAR MALASAMUDRA
GADAG, DIST: GADAG
R/O. LIG 135, HUDCO COLONY,
TQ & DIST: GADAG

15. SRI RAVIRAJ C KOTI
S/O. CHANNABASAPPA
AGE: 42 YEARS
SELECTION OF GRADE LECTURER
DEPARTMENT OF MECHANICAL
ENGINEERING
ANJUMAN E ISLAM POLYTECHNIC,
BENGALURU ROAD,
NEAR MALASAMUDRA
GADAG, DIST: GADAG
R/O. KESHAVA NAGAR, HUBBALLI ROAD,
GADAG, TQ & DIST: GADAG

16. SRI JAGADEESH K NARGUND
S/O. KOTRAPPA M NARAGUND
AGE: 40 YEARS
SELECTION OF GRADE LECTURER
DEPARTMENT OF E & C
ANJUMAN E ISLAM POLYTECHNIC,
BENGALURU ROAD,
NEAR MALASAMUDRA
GADAG, DIST: GADAG
R/O. HUDCO COLONY,
NEAR RADHAKRISHNA NAGAR,
GADAG MULUGUND ROAD,
TQ & DIST: GADAG

17. SRI SHRINIWAS H KULKARNI
S/O. HANAMANTRAO KULKARNI
AGE: 54 YEARS
: 74 :

SELECTION OF GRADE LECTURER
DEPARTMENT OF CIVIL
(PUBLIC HEALTH ENGINEERING)
ANJUMAN E ISLAM POLYTECHNIC,
BENGALURU ROAD,
NEAR MALASAMUDRA
GADAG, DIST: GADAG
R/O. KUSHATAGI CHAWL,
BETAGERI, TQ & DIST: GADAG. ... PETITIONERS

(BY SRI. J S SHETTY, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT AND PARLIAMENTARY
AFFAIRS AND LEGISLATION
M S BUILDING, BENGALURU

2. THE PRINCIPAL SECRETARY
DEPARTMENT OF EDUCATION
(HIGHER EDUCATION)
M S BUILDING, BENGALURU

3. THE DIRECTOR OF TECHNICAL
EDUCATION
DEPARTMENT OF TECHNICAL
EDUCATION, BENGALURU

4. ANJUMAN E ISLAM POLYTECHNIC
COLLEGE, BENGALURU ROAD,
NEAR MALLASAMUDRA, GADAG
DIST: GADAG, R/BY ITS PRINCIPAL

5. ANJUMAN ISLAM SHIKSHAN SAMSTE
BENGALURU ROAD,
NEAR MALLASAMUDRA, GADAG
DIST: GADAG
R/BY ITS CHAIRMAN. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 TO R3)
: 75 :

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE THAT THE KARNATAKA AIDED PRIVATE
EDUCATIONAL INSTITUTION'S EMPLOYEES (WAGES, PENSION
AND OTHER FACILITIES CONTROL) ACT,2014, AS PUBLISHED
IN KARNATAKA GAZETTE DATED 12.02.2014, IN PART IV (A),
THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AT
ANNEXURE-A, ISSUED BY RESPONDENT NO.1 IS
UNCONSTITUTIONAL AND ETC.,

IN WP Nos.109034 & 109121 - 140/2014:

BETWEEN:

1. SRI CHANDRASHEKAR A TUPPAD
S/O. ASHOK C TUPPAD
AGE: 39 YEARS,
SENIOR GRADE LECTURER
HOD (AUTO ENGINEERING)
DEPARTMENT OF AUTOMOBILE
ENGINEERING, TIPPU SHAHEED
INSTITUTE OF TECHNOLOGY
POLYTECHNIC,
SIMLA NAGAR, HUBBALLI
R/O. AT POST: ARALIKATTI,
TQ: HUBBALLI DIST: DHARWAD.

2. SRI MOHAN B HAMPIHOLI
S/O. BASAPPA HAMPIHOLI
AGE: 44 YEARS,
SELECTION GRADE LECTURER
DEPARTMENT OF AUTOMOBILE
ENGINEERING
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY POLYTECHNIC,
SIMLA NAGAR, HUBBALLI
R/O. NO. 69, PADMARAJNAGAR,
GOKUL ROAD,
TQ: HUBBALLI DIST: DHARWAD
: 76 :

3. SRI MANJUNATH YADWAD
S/O. ATMARAM, AGE: 44 YEARS,
SELECTION GRADE LECTURER
DEPARTMENT OF AUTOMOBILE
ENGINEERING, TIPPU SHAHEED
INSTITUTE OF TECHNOLOGY POLYTECHNIC,
SIMLA NAGAR, HUBBALLI
R/O. FLAT NO. 206,
SHAGUN APARTMENT,
4TH CROSS, KESHWAPUR, HUBBALLI

4. SRI RAVINDER SINGH ATTER
S/O. TEKCHAND AGE: 46 YEARS,
SENIOR GRADE LECTURER/HOD
(CIVIL ENGINEERING)
DEPARTMENT OF CIVIL ENGINEERING
TIPPU SHAHEED INSTITUTE OF
TECHNOLOGY POLYTECHNIC,
SIMLA NAGAR, HUBBALLI
R/O. HOUSE NO. 12,
GURUNATH NAGAR,
ANAND NAGAR ROAD,
OLD HUBBALLI ,
DIST:DHARWAD

5. SMT.N C BELLAD
W/O. B M SHESHAGIRI
AGE: 54 YEARS,
SELECTION GRADE LECTURER
DEPARTMENT OF CIVIL ENGINEERING
TIPPU SHAHEED INSTITUTE OF
TECHNOLOGY POLYTECHNIC,
SIMLA NAGAR, HUBBALLI
R/O. HOUSE NO. 78,
KALIDASANAGAR,
VIDYANAGAR, HUBBALLI

6. SMT.S B KITTUR
D/O. BEEMSINGH KITTUR
AGE: 46 YEARS,
SELECTION GRADE LECTURER
DEPARTMENT OF CIVIL ENGINEERING
TIPPU SHAHEED INSTITUTE OF
: 77 :

TECHNOLOGY POLYTECHNIC,
SIMLA NAGAR, HUBBALLI
R/O. PLOT NO. 3, NAVEL BUILDING,
DEENABANDU COLONY,
KARWAR ROAD, HUBBALLI

7. SRI MOHAMMAD A BAGALKOT
S/O. ABDULKHDAR F BAGALKOT
AGE: 39 YEARS,
SELECTION GRADE LECTURER
DEPARTMENT OF CIVIL ENGINEERING
TIPPU SHAHEED INSTITUTE OF
TECHNOLOGY POLYTECHNIC,
SIMLA NAGAR, HUBBALLI
R/O. H NO. 521,
PANACKSHRI NAGAR,
NAVANAGAR, HUBBALLI,
DIST: DHARWAD

8. SRI MOHAMMED SADIQUE A BANKAPUR
S/O. ABDUL RAZAK M BANKAPUR
AGE: 49 YEARS,
SELECTION GRADE LECTURER
DEPARTMENT OF AUTOMOBILE
ENGINEERING, TIPPU SHAHEED
INSTITUTE OF TECHNOLOGY
POLYTECHNIC,
SIMLA NAGAR, HUBBALLI
R/O.NO. 6/2, MEHBOOB MANZIL
NEAR MANDONI MASJID
TABIBLAND, HUBBALLI
DIST: DHARWAD

9. SRI BALESH HEGGANAVAR
S/O. SIDDAPPA AGE: 38 YEARS,
SELECTION GRADE LECTURER
DEPARTMENT OF SCIENCE
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY POLYTECHNIC,
SIMLA NAGAR, HUBBALLI
R/O. H NO. 32, AROODANAGAR,
ANANDNAGAR ROAD,
: 78 :

OLD HUBBALLI, DHARWAD .

10. SRI GANGAPPA M PUDAKALAKATTI
S/O. MALLAPPA B PUDAKALAKATTI
AGE: 52 YEARS,
SELECTION GRADE LECTURER HOD
DEPARTMENT OF MECHANICAL
ENGINEERING
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY POLYTECHNIC,
SIMLA NAGAR, HUBBALLI
R/O.3RD MAIN ROAD, 9TH CROSS
MARAGAL COMPOUND,
KALYANNAGAR, DHARWAD

11. SRI MALLAPPA S SOMANAKATTI
S/O. SHANKARAPPA AGE: 47 YEARS,
SELECTION GRADE LECTURER
DEPARTMENT OF MECHANICAL
ENGINEERING, TIPPU SHAHEED
INSTITUTE OF TECHNOLOGY POLYTECHNIC,
SIMLA NAGAR, HUBBALLI
R/O. NO.41, ANUGRAHA,
MIDMAC 7TH AVENUE,
BEHIND ANAND NAGAR,
OLD HUBBALLI, HUBBALLI

12. SRI BASAVARAJ K KABBER
S/O. LATE KARIYAPPA KABBER
AGE: 43 YEARS,
SELECTION GRADE LECTURER
DEPARTMENT OF MECHANICAL
ENGINEERING, TIPPU SHAHEED
INSTITUTE OF
TECHNOLOGY POLYTECHNIC,
SIMLA NAGAR, HUBBALLI
R/O. SAI SADAN, GAYATRI COLONY,
POST: BENGERI,
TQ: HUBBALLI DIST: DHARWAD

13. SRI SURESH C PATIL
S/O. CHUDAPPAGOUDA PATIL
: 79 :

AGE: 41 YEARS,
SELECTION GRADE LECTURER
DEPARTMENT OF MECHANICAL
ENGINEERING, TIPPU SHAHEED
INSTITUTE OF TECHNOLOGY
POLYTECHNIC, SIMLA NAGAR,
HUBBALLI, R/O. E 204,
AKSHAY GARDEN APARTMENT,
BANASHANKARI LAYOUT,
VIDYANAGAR, HUBBALLI
DIST: DHARWAD

14. SRI JAGADISH R ASUNDI
S/O. LATE RUDRAPPA ASUNDI
AGE: 48 YEARS,
SELECTION GRADE LECTURER
DEPARTMENT OF MECHANICAL
ENGINEERING, TIPPU SHAHEED
INSTITUTE OF TECHNOLOGY
POLYTECHNIC, SIMLA NAGAR,
HUBBALLI, R/O. MIG 495,
16TH CROSS,
NAVANAGAR, HUBBALLI,
DIST: DHARWAD

15. SRI KIRANKUMAR Y MANTUR
S/O. YASHWANT T MANTUR
AGE: 41 YEARS,
SELECTION GRADE LECTURER
DEPARTMENT OF MECHANICAL
ENGINEERING, TIPPU SHAHEED
INSTITUTE OF TECHNOLOGY
POLYTECHNIC, SIMLA NAGAR,
HUBBALLI, R/O. H NO. 35,
AT POST: NALAVADI,
TQ:NAVALGUND, DIST: DHARWAD

16. SRI NISAR AHMED MALLUR
S/O NAZEER AHMED AGE: 37 YEARS,
SELECTION GRADE LECTURER
DEPARTMENT OF MECHANICAL
ENGINEERING, TIPPU SHAHEED
INSTITUTE OF TECHNOLOGY
: 80 :

POLYTECHNIC,
SIMLA NAGAR, HUBBALLI
R/O. P-14, DATC QUARTERS,
BELAGAVI ROAD, DHARWAD

17. SRI SURESH S S
SADASHIVAPPA S K AGE: 43 YEARS,
SELECTION GRADE LECTURER
DEPARTMENT OF E & C
TIPPU SHAHEED
INSTITUTE OF TECHNOLOGY
POLYTECHNIC, SIMLA NAGAR,
HUBBALLI, R/O. NO 549,
BEHIND MEDICAL HOSTEL,
ANJANEYA BADAVANE,
DAVANAGERE,
NOW R/AT: HUBBALLI

18. SRI M B RAVI
S/O. M BHEEMAPPA
AGE: 44 YEARS,
SELECTION GRADE LECTURER
DEPARTMENT OF E & C
TIPPU SHAHEED INSTITUTE OF
TECHNOLOGY POLYTECHNIC,
SIMLA NAGAR, HUBBALLI,
R/O. H NO. 5, 2ND CROSS,
SURABHINAGAR, GOKUL ROAD,
HUBBALLI, DIST: DHARWAD

19. SRI AKBAR M BILEKUNDRI
S/O. MEHEBOOBGANI A BILEKUNDRI
AGE: 46 YEARS,
SELECTION GRADE LECTURER
DEPARTMENT OF E & C
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY POLYTECHNIC,
SIMLA NAGAR, HUBBALLI
R/O. NO. 28, MUKUND NAGAR,
BEHIND NEW BUS STAND
NEAR SANMAN COLONY,
GOKUL ROAD,
: 81 :

HUBBALLI DIST: DHARWAD

20. SMT.F H KITTUR
D/O. HATELSHA KITTUR
AGE: 54 YEARS,
SELECTION GRADE LECTURER
DEPARTMENT OF E & C
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY POLYTECHNIC,
SIMLA NAGAR, HUBBALLI
R/O. SHAHMANZIL, AZAD COLONY
KESHWAPUR, HUBBALLI

21. SRI MASOOD AHMED
S/O. AMEER AHMAD JUNAIDI
AGE: 47 YEARS,
SELECTION GRADE LECTURER
DEPARTMENT OF E & C
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY POLYTECHNIC,
SIMLA NAGAR, HUBBALLI
R/O. 5140, IST CROSS,
BEHIND MERI SAHELI BEAUTY PARLOR,
SUBASH NAGAR, GUDIHAL ROAD,
OLD HUBBALLI, DHARWAD. ... PETITIONERS

(BY SRI. J S SHETTY, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT AND LAW &
LEGAL AFFAIRS,
M S BUILDING, BENGALURU

2. THE SECRETARY
DEPARTMENT OF EDUCATION
(HIGHER EDUCATION)
M S BUILDING, BENGALURU

3. THE DIRECTOR OF TECHNICAL
: 82 :

EDUCATION, DEPARTMENT OF
TECHNICAL EDUCATION
BENGALURU.

4. TIPPU SHAHEED INSTITUTE OF
TECHNOLOGY POLYTECHNIC,
SIMLA NAGAR, HUBLI,
DISTRICT:DHARWAD,
REPRESENTED BY ITS PRINCIPAL.

5. RAILWAY MUSLIM EMPLOYEES
EDUCATIONAL ASSOCIATION
TIPPU SHAHEED INSTITUTE
OF TECHNOLOGY
SIMLA NAGAR, HUBBALLI
BY ITS CHAIRMAN. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE THAT THE KARNATAK AIDED PRIVATE EDUATIONAL
INSTITUTION'S EMPLOYEES (WAGES, PENSION AND OTHER
FACILITIES CONTROL) ACT,2014, AS PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014, IN SAMVYASHA E 60
SHASHANA 2013, BANGALORE IN PART IV (A), THE COPY OF
WHICH HAS BEEN PRODUCED HEREWITH AT ANNEXURE-A, IS
UNCONSTITUTIONAL AND ETC.,

IN WP NO 109032 OF 2014:

BETWEEN:

SRI GANGADHAR MALLESHAPPA SAJJANAR
AGE: 49 YEARS,
OCC: ASSOCIATE PROFESSOR
R/O. KULKARNI PETH,
NEAR J C SCHOOL,
ILAKAL, HUNUGUND TALUK
DIST: BAGALKOT. ... PETITIONER

(BY SRI. J S SHETTY, ADVOCATE)
: 83 :

AND:

1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT AND LAW
AND LEGAL AFFAIRS,
M S BUILDING, BENGALURU

2. THE SECRETARY
DEPARTMENT OF EDUCATION
(HIGHER EDUCATION)
M S BUILDING, BENGALURU

3. THE COMMISSIONER OF
COLLEGIATE EDUCATION
NRUPATUNGA ROAD, BENGALURU

4. JOINT DIRECTOR OF
COLLEGIATE EDUCATION
MINI VIDHANA SOUDHA, DHARWAD

5. S V M SCIENCE AND ARTS COLLEGE
ILAKAL, DIST: BAGALKOT
BY ITS PRINCIPAL

6. SHRI VIJAY MAHANTESH VIDYAVARDHAK
SOCIETY, ILAKAL, DIST: BAGALKOT
BY ITS CHAIRMAN. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R4,
R5 AND R6 SD)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE
THAT THE KARNATAK AIDED PRIVATE EDUATIONAL
INSTITUTION'S EMPLOYEES (WAGES, PENSION AND OTHER
FACILITIES CONTROL) ACT,2014, AS PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014, IN SAMVYASHA E 60
SHASHANA 2013, BANGALORE IN PART IV (A), THE COPY OF
WHICH HAS BEEN PRODUCED HEREWITH AT ANNEXURE-A, IS
UNCONSTITUTIONAL AND ETC.,
: 84 :

IN WP NO 109272 OF 2014:

BETWEEN:

SRI SRIDHAR, S/O. GAJANA BHAT
AGE: 49 YEARS,
OCC: SELECTION GRADE LECTURER,
SRI VIDYADIRAJ POLYTECHNIC KUMTA
DIST: UTTAR KANNADA. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY
LAW AND PARLIAMENTARY AFFAIRS
DEPARTMENT, VIDHANA SOUDHA,
BENGALURU

2. STATE OF KARNATAKA
R/BY ITS UNDER SECRETARY
EDUCATION DEPARTMENT
(TECHNICAL EDUCATION)
M S BUILDING, BENGALURU

3. DIRECTOR OF TECHNICAL EDUCATION
GOVT OF KARNATAKA
PALACE ROAD, BENGALURU

4. THE PRINCIPAL
SRI VIDYADIRAJ POLYTECHNIC KUMTA
DIST: UTTAR KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION AT ANNEUXRE-H, PUBLISHED IN KARNATAKA
GAZETTE, DATED:12.02.2014, ISSUED BY RESPONDENT NO.1 &
ANNEXURE-J, CIRCULAR, ISSUED BY THE RESPONDENT NO.3
DATED:05.09.2014 & DIRECT THE RESPONDENTS TO TREAT
: 85 :

THE PRIVATE EDUCATION EMPLOYEES ON PAR WITH GOVT.
EMPLOYEES AND PROVIDING SERVICE BENEFITS TO THEM
AND ETC.,

IN WP NO. 108975 OF 2014:

BETWEEN:

SRI VISHWANATH T MALALI,
AGED ABOUT: 52 YEARS,
OCC: SELECTION GRADE LECTURER,
SGES, RURAL POLYTECHNIC
TARIHAL, HUBBALLI-580 026,
DIST: DHARWAD. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY,
LAW & PARLIAMENTARY
AFFAIRS DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU -560001.

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT,
M S BUILDING,
BENGALURU -560001.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA,
PALACE ROAD, BENGALURU -560001.

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC,
TARIHAL, HUBBALLI-26,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)
: 86 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEXURE-H PUBLISHED IN KARNATAKA GAZETTE DATED
12.02.2014 AND ANNEXURE-J CIRCULAR PASSED BY THE
RESPONDENT NO.3 DTD.05.09.2014 AND DIRECT THE
RESPONDENTS TO TREAT THE PRIVATE EDUCATION
EMPLOYEES ON PAR WITH GOVT. EMPLOYEES AND
PROVIDING SERVICE BENEFITS TO THEM AND ETC.,

IN WP Nos.109331 - 109344/2014:

BETWEEN:

1. SRI GURUBASAVARAJ HALLI
S/O. JAMBANNA AGE: 44 YEARS,
LECTURER SELECTION GRADE
BVVS S R VASTRAD RURAL POLYTECHNIC
GULEDGUDD, TQ: BADAMI
DIST: BAGALKOT

2. SMT.IMAMABI MAKANDAR
D/O. MOHADDINSHYA AGE: 51 YEARS
LECTURER SELECTION GRADE
B.V.V.S S.R VASTRAD RURAL POLYTECHNIC
GULEDGUDD
TQ: BADAMI DIST: BAGALKOT

3. SRI NAGARAJA AIRANI
S/O. RAMATEERTHA AIRANI
AGE: 53 YEARS
LECTURER SELECTION GRADE
B.V.V.S S.R VASTRAD RURAL
POLYTECHNIC
GULEDGUDD
TQ: BADAMI DIST: BAGALKOT

4. SRI CHANNAPPAGOWDA PATIL
S/O. SANGANAGOWDA AGE: 52 YEARS
LECTURER SELECTION GRADE
B.V.V.S S.R VASTRAD RURAL POLYTECHNIC
GULEDGUDD
: 87 :

TQ: BADAMI DIST: BAGALKOT

5. SRI SURESH METI
S/O. CHANNAPPA AGE: 50 YEARS
LECTURER SELECTION GRADE
B.V.V.S S.R VASTRAD RURAL
POLYTECHNIC, GULEDGUDD
TQ: BADAMI DIST: BAGALKOT

6. SRI HANAMANT NAYAKAR
S/O. LAXMANARAO AGE: 46 YEARS
LECTURER SELECTION GRADE
B.V.V.S S.R VASTRAD RURAL
POLYTECHNIC
GULEDGUDD
TQ: BADAMI DIST: BAGALKOT

7. SRI MAGUNDAGOUD GOUDRA
S/O. YAMANAPPA AGE: 48 YEARS
LECTURER SELECTION GRADE
B.V.V.S S.R VASTRAD RURAL
POLYTECHNIC, GULEDGUDD
TQ: BADAMI DIST: BAGALKOT

8. SMT.VIJAYALAXMI KHEDAGI
D/O. SHARANAPAP AGE: 46 YEARS
LECTURER SELECTION GRADE
B.V.V.S S.R VASTRAD RURAL
POLYTECHNIC, GULEDGUDD
TQ: BADAMI DIST: BAGALKOT

9. SRI SHANTABASAVAREDDI HARLAPUR
S/O FAKKEERAPPA HARLAPUR
AGE: 38 YEARS
LECTURER SELECTION GRADE
B.V.V.S S.R VASTRAD RURAL
POLYTECHNIC, GULEDGUDD
TQ: BADAMI DIST: BAGALKOT

10. SRI KALAKAPPA HEGADE
S/O. CHANDRASHEKHAR
AGE: 39 YEARS
: 88 :

LECTURER SELECTION GRADE
B.V.V.S S.R VASTRAD RURAL
POLYTECHNIC, GULEDGUDD
TQ: BADAMI DIST: BAGALKOT

11. SRI SHASHIDHAR HEGADI
S/O. SOMASHEKHAR, AGE: 41 YEARS
LECTURER SELECTION GRADE
B.V.V.S S.R VASTRAD RURAL
POLYTECHNIC, GULEDGUDD
TQ: BADAMI DIST: BAGALKOT

12. SRI SUBHAS BHARAMGOUDRA
S/O. RUDRAGOUDA BHARAMGOUDRA
AGE: 43 YEARS
LECTURER SELECTION GRADE
B.V.V.S S.R VASTRAD RURAL
POLYTECHNIC, GULEDGUDD
TQ: BADAMI DIST: BAGALKOT.

13. SRI BASAVARAJ KAVADIMATTI
S/O. VITTAL KADAVIMATTI
AGE: 41 YEARS
LECTURER SELECTION GRADE
B.V.V.S S.R VASTRAD RURAL
POLYTECHNIC, GULEDGUDD
TQ: BADAMI DIST: BAGALKOT

14. SRI R V ANGADI
S/O. VEERABHADRAPPA
AGE: 49 YEARS
LECTURER SELECTION GRADE
B.V.V.S S.R VASTRAD RURAL
POLYTECHNIC, GULEDGUDD
TQ: BADAMI DIST: BAGALKOT
... PETITIONERS
(BY SHRI JANARDHANA G, ADV.)

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAW & PARLIAMENTARY
AFFAIRS, R/BY ITS SECRETARY,
: 89 :

VIDHANA SOUDHA, BENGALURU

2. SECRETARY FOR HIGHER EDUCATION
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA, BENGALURU

3. DIRECTOR OF TECHNICAL EDUCATION
THANTHRIKA BHAVAN
PALACE ROAD, BENGALURU.

4. THE PRINCIPAL
B V V S S.R VASTRAD
RURAL POLYTECHNIC
GULEDGUDD, TALUK BADAMI.

5. PRINCIPAL
B V V S POLYTECHNIC,
BAGALKOT. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE THAT THE KARNATAKA EDUCATIONAL INSTITUTIONS
(RECRUITMENT AND TERMS & CONDITIONS OF EMPLOYEES IN
AIDED COLLEGES OF EDUATION, TEACHERS TRAINING
INSTITUTIONS) RULES ARE VIOLATIVE OF
ARTICLES 14
AND
OF THE CONSTITUTION OF INDIA ON THE GROUND OF
DENYING EQUAL PAY TO EQUAL WORK AND DISCRIMINATION
BETWEEN THE GOVERNMENT EMPLOYEES AND THE
EMPLOYEES OF THE PRIVATE EDUATIONAL INSTITUTIONS
WITHOUT ANY BASIS AND ETC.,

IN WP Nos.109322 - 109330/2014:

BETWEEN:

1. SRI RAMESH GOVINDARADDI KONNUR
S/O SRI GOVINDARADDI S.KONNUR,
AGE: 58 YEARS,
ASSOCIATE PROFESSOR IN
ZOOLOGY SVP ARTS,
: 90 :

COMMERCE & SCIENCE COLLEGE,
BADAMI, DIST: BAGALKOT.

2. SRI N B SOMANAKATTI, M. SC
S/O. BHIMAPPA N SOMANAKATTI
AGE: 46 YEARS,
ASSOCIATE PROFESSOR IN
STATISTICS, SVP ARTS,
COMMERCE & SCIENCE COLLEGE,
BADAMI DIST: BAGALKOT.

3. SRI RAVEENDRA SHIVAPPA MULIMANI
S/O SHIVAPPA MULIMANI,
AGE: 49 YEARS,
LECTURER IN PHYSICS
SVP ARTS, COMMERCE & SCIENCE
COLLEGE, BADAMI-587 201,
DIST: BAGALKOT

4. SRI SHIVAYOGI NINGAPPA BENAL
S/O SRI NINGAPPA BENAL,
AGE: 48 YEARS,
ASSOCIATE PROFESSOR IN CHEMISTRY
SVP ARTS, COMMERCE &
SCIENCE COLLEGE,
BADAMI DIST: BAGALKOT.

5. SRI SHASHIDHAR SHIVAPPA MULIMANI
S/O SRI SHIVAPPA MULIMANI,
AGE: 47 YEARS,
ASSOCIATE PROFESSOR IN
PHYSICS , SVP ARTS, COMMERCE &
SCIENCE COLLEGE,
BADAMI, DIST: BAGALKOT.

6. SRI AMARESH ADAPPA TOPALAKATTI
S/O ADAPPA D.TOPALAKATTI,
AGE: 45 YEARS,
ASSOCIATE PROFESSOR IN BOTONY
SVP ARTS, COMMERCE &
SCIENCE COLLEGE,
BADAMI DIST: BAGALKOT.
: 91 :

7. SRI PANDITAPPA SHIVAGONDAPPA
CHANAGOND
S/O SHIVAGONDAPPA CHANAGOND,
AGE: 49 YEARS,
LECTURER IN STATISTICS
SVP ARTS, COMMERCE &
SCIENCE COLLEGE,
BADAMI, DIST: BAGALKOT.

8. SRI SURESH VISHNU HANCHATE
S/O VISHNU HANCHATE,
AGE: 45 YEARS,
LAB ASSISTANT
SVP ARTS, COMMERCE &
SCIENCE COLLEGE,
BADAMI, DIST: BAGALKOT.

9. SRI PRAKASHAGOUDA BASANAGOUDA
PATIL, S/O BASANAGOUDA,
AGE: 43 YEARS,
LAB ASSISTANT
SVP ARTS, COMMERCE &
SCIENCE COLLEGE,
BADAMI, DIST: BAGALKOT. ... PETITIONERS

(BY SRI JANARDHANA G, ADV.)

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAW &
PARLIAMENTARY AFFAIRS
R/BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU

2. DIRECTOR OF COLLEGIATE EDUCATION
GOVERNMENT OF KARNATAKA
SESHADRI ROAD,
BENGALURU.

3. THE JOINT DIRECTOR
DIRECTOR OF COLLEGIATE EDUCATION
: 92 :

DHARWAD

4. THE PRINCIPAL
SVP ARTS, COMMERCE AND
SCIENCE COLLEGE,
BADAMI, BAGALKOT
DIST: BAGALKOT. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE THAT THE KARNATAKA EDUCATIONAL INSTITUTIONS
(RECRUITMENT AND TERMS & CONDITIONS OF EMPLOYEES IN
AIDED COLLEGES OF EDUATION, TEACHERS TRAINING
INSTITUTIONS) RULES ARE VIOLATIVE OF
ARTICLES 14
AND
OF THE CONSTITUTION OF INDIA ON THE GROUND OF
DENYING EQUAL PAY TO EQUAL WORK AND DISCRIMINATION
BETWEEN THE GOVERNMENT EMPLOYEES AND THE
EMPLOYEES OF THE PRIVATE EDUATIONAL INSTITUTIONS
WITHOUT ANY BASIS AND ETC.,

IN WP Nos.109484 - 109498/2014:

BETWEEN:

1. SRI AMARESH
S/O. BASAPPA HULLALLI
AGE: 54 YEARS, S1 LECTURER
C V CHARANTIMATH RURAL
POLYTECHNIC, HUNGUND, DIST: BAGALKOT

2. SRI VIJAY
S/O. BASDAPPA BALIGAR
AGE: 53 YEARS, S1 LECTURER,
C V CHARANTIMATH RURAL
POLYTECHNIC
HUNGUND, DIST: BAGALKOT.

3. SRI BASANAGOUDA
S/O. BALANAGOUDA CHANNAPPAGOUDAR
AGE: 51 YEARS, S1 LECTURER,
: 93 :

C V CHARANTIMATH RURAL
POLYTECHNIC,
HUNGUND, DIST: BAGALKOT.

4. SRI CHANDRASHEKAR
S/O. SHANKRAPPA MAGADAL
AGE: 49 YEARS, S1 LECTURER,
C V CHARANTIMATH RURAL POLYTECHNIC,
HUNGUND, DIST: BAGALKOT.

5. SRI SANGAPPA
S/O. SIDARAMAPPA BYAKOD
AGE: 49 YEARS, S1 LECTURER,
C V CHARANTIMATH RURAL POLYTECHNIC
HUNGUND, DIST: BAGALKOT.

6. SRI PRABHULINGAPPA,
S/O. BASALINGAPPA BHUTAL
AGE: 49 YEARS, S1 LECTURER,
C V CHARANTIMATH RURAL
POLYTECHNIC,
HUNGUND, DIST: BAGALKOT

7. SRI BASAVARAJ
S/O. SANGAPPA ALLUR
AGE: 48 YEARS, S1 LECTURER,
C V CHARANTIMATH RURAL
POLYTECHNIC,
HUNGUND, DIST: BAGALKOT

8. SRI CHANDRASHEKAR
S/O. SANGAPPA TORIGER
AGE: 49 YEARS, S1 LECTURER,
C V CHARANTIMATH RURAL
POLYTECHNIC,
HUNGUND, DIST: BAGALKOT

9. SRI SHIVAYOGEPPA
S/O. PARAPPA KENGANAL
AGE: 54 YEARS, S1 LECTURER,
C V CHARANTIMATH RURAL
POLYTECHNIC,
: 94 :

HUNGUND, DIST: BAGALKOT

10. SRI MAHENDRA
S/O. MANAPPA BADIGER
AGE: 55 YEARS, S1 LECTURER,
C V CHARANTIMATH RURAL
POLYTECHNIC,
HUNGUND, DIST: BAGALKOT

11. SRI SANGAPPA
S/O. SHANKARAPPA KALAGI
AGE: 55 YEARS, S1 LECTURER,
C V CHARANTIMATH RURAL
POLYTECHNIC,
HUNGUND,
DIST: BAGALKOT

12. SRI GURULINGAPPA
S/O. SHIVARUDRAPPA BINGIKOPPAD
AGE: 45 YEARS, S1 LECTURER,
C V CHARANTIMATH RURAL
POLYTECHNIC,
HUNGUND,
DIST: BAGALKOT

13. SRI PRABHUDEV
S/O. MURIGEPPA MANNUR
AGE: 52 YEARS, S1 LECTURER,
C V CHARANTIMATH RURAL
POLYTECHNIC,
HUNGUND, DIST: BAGALKOT

14. SRI SHANKARAPPA
S/O. SANGAPPA HOOLAGERI
AGE: 42 YEARS, S1 LECTURER,
C V CHARANTIMATH RURAL
POLYTECHNIC,
HUNGUND, DIST: BAGALKOT

15. SRI UMAPATI
S/O. MARIBASAYYA HAMPIHOLI
AGE: 51 YEARS, S1 LECTURER,
C V CHARANTIMATH RURAL
: 95 :

POLYTECHNIC,
HUNGUND, DIST: BAGALKOT. ... PETITIONERS

(BY SRI JANARDHANA G, ADV.)

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAW AND
PARLIAMENTARY AFFAIRS
R/BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU

2. THE PRINCIPAL SECRETARY FOR
HIGHER EDUCATION
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA, BENGALURU

3. DIRECTOR OF TECHNICAL EDUCATION
PALACE ROAD, BENGALURU

4. THE PRINCIPAL
C V CHARANTIMATH RURAL
POLYTECHNIC,
HUNGUND, DIST: BAGALKOT. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 TO 3)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE THAT THE KARNATAKA EDUCATIONAL INSTITUTIONS
(RECRUITMENT AND TERMS & CONSIDITONS OF EMPLOYEES
IN AIDED COLLEGES OF EDUATION, TEACHERS TRAINING
INSTITUTIONS) RULES ARE VIOLATIVE OF
ARTICLES 14
AND
OF THE CONSTITUTION OF INDIA ON THE GROUND OF
DENYING EQUAL PAY TO EQUAL WORK AND DISCRIMINATION
BETWEEN THE GOVERNMENT EMPLOYEES AND THE
: 96 :

EMPLOYEES OF THE PRIVATE EDUATIONAL INSTITUTIONS
WITHOUT ANY BASIS AND ETC.,

IN WP No. 108987/2014:

BETWEEN:

SRI SHESHAREDDI R HADAGALI
AGED ABOUT: 48 YEARS,
OCC: SELECTION GRADE LECTURER,
SGES RURAL POLYTECHNIC TARIHAL,
HUBBALLI-580026, DIST: DHARWAD. ... PETITIONER

(BY SMT.SHARMILA M PATIL, ADV.)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY,
LAW & PARLIAMENTARY
AFFAIRS DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU-560001.

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT,
M S BUILDING,
BENGALURU-560001.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA,
PALACE ROAD,
BENGALURU-560001.

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC,
TARIHAL,
HUBBALLI-26, DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 TO R3)
: 97 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE, DATED 12.02.2014 IN NUMBER SAMVYASHA E 60
SHASANA 2013 BANGALORE ISSUED BY RESPONDENT NO.1
AND ANNEXURE-J CIRCULAR BEARING NO. DTE 4 GRT(2) 2014
ISSUED BY THE RESPONDENT NO.3 DATED 05.09.2014 AND
DIRECT THE RESPONDENTS TO TREAT THE PRIVATE
EDUCATION EMPLOYEES ON PAR WITH GOVT. EMPLOYEES
AND PROVIDING SERVICE BENEFITS TO THEM AND ETC.,

IN WP No.108990/2014:

BETWEEN:

SHRI SANJEEV P VADAVI,
AGE: 38 YEARS,
OCC: SELECTION GRADE LECTURER
SGES RURAL POLYTECHNIC TARIHAL
HUBBALLI,
DIST: DHARWAD. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADV.)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY
LAW & PARLIAMENTARY
AFFAIRS DEPARTMENT,
VIDHANA SOUDHA, BENGALURU

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY
HIGHER EDUCATION DEPARTMENT
M S BUILDING, BENGALURU

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA
PALACE ROAD, BENGALURU

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC
: 98 :

TARIHAL, HUBBALLI
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE, DATED 12.02.2014 ISSUED BY RESPONDENT NO.1
AND ANNEXURE-J CIRCULAR ISSUED BY THE RESPONDENT
NO.3 DATED 05.09.2014 AND DIRECT THE RESPONDENTS TO
TREAT THE PRIVATE EDUCATION EMPLOYEES ON PAR WITH
GOVT. EMPLOYEES AND PROVIDING SERVICE BENEFITS TO
THEM AND ETC.,

IN WP Nos. 101128/2015 &
101185 - 187/2015:

BETWEEN:

1. SHRI BASANAGOUDA
S/O UMESHAGOUDA MARIGOUDAR,
AGE:45 YEARS,
OCC:SECOND DIVISION ASSISTANT,
K.L.E.SOCIETY S, WOMEN ARTS & COMMERCE
COLLEGE, GADAG. TQ & DIST: GADAG

2. SRI HOLLISWAMI
S/O VAMADEVAYYA ARDYAMATH,
AGE:55 YEARS,
OCC:SECOND DIVISION ASSISTANT,
K.L.E.SOCIETY S WOMEN
ARTS & COMMERCE
COLLEGE, GADAG. TQ & DIST: GADAG

3. SRI SHITAL
S/O SHRIKANT BONGARDE,
AGE:57 YEARS, OCC:PEON,
K.L.E.SOCIETY S WOMEN ARTS
& COMMERCE COLLEGE,
GADAG. TQ & DIST: GADAG
: 99 :

4. SRI RAJESAB
S/O KHAJESAB NAIKAR,
AGE:52 YEARS, OCC:PEON,
K.L.E.SOCIETY'S WOMEN ARTS
& COMMERCE COLLEGE, GADAG.
TQ & DIST: GADAG. ... PETITIONERS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOF R1 TO R5)

AND:

1. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU.

2. THE STATE OF KARNATAKA,
TO THE DEPARTMENT EDUCATION,
REPRESENTED BY ITS SECRETARY
VIDHANA SOUDHA, BENGALURU

3. THE COMMISSIONER,
DEPARTMENT OF EDUCATION,
PALACE ROAD, BENGALURU

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD.

6. THE KARNATAKA LINGAYATH
EDUCATION SOCIETY,
(KLE-SOCIETY) COLLEGE ROAD,
BELAGAVI
REPRESENTED BY ITS SECRETARY.
: 100 :

7. THE PRINCIPAL,
K.L.E SOCIETY S WOMEN ARTS,
& COMMERCE COLLEGE, GADAG.
TQ & DIST: GADAG. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATION INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT,2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-G.

IN WP Nos.101127/2015 & 101168 - 183/2015

BETWEEN:

1. SRI BABAGOUDA
S/O MALAGOUDA PATIL,
AGE:52 YEARS,
OCC:ASSOCIATE PROFESSOR (KANNADA),
SHRI. CHANNAGIREESWARA
PRASADIKA ARTS & COMMERCE
COLLEGE, MAHALINGPUR,
TQ:MUDHOL, DIST:BAGALKOT.

2. SRI SHANKAR
S/O MAHALINGAPPA BANNUR,
AGE:54 YEARS,
OCC:ASSOCIATE PROFESSOR (COMMERCE),
SHRI. CHANNAGIREESWARA
PRASADIKA ARTS & COPMMERCE COLLEGE,
MAHALINGPUR, TQ:MUDHOL, DIST:BAGALKOT.

3. SRI APPASAHEB
S/O SHANKAR DHAMANNAVAR,
AGE:56 YEARS,
OCC:ASSOCIATE PROFESSOR (KANNADA),
: 101 :

SHRI. CHANNAGIREESWARA
PRASADIKA ARTS & COMMERCE
COLLEGE, MAHALINGPUR,
TQ:MUDHOL, DIST:BAGALKOT.

4. SRI MAHADEV
S/O MAHALINGAPPA NIMBARAGI,
AGE:50 YEARS,
OCC:ASSOCIATE PROFESSOR
(COMMERCE),
SHRI. CHANNAGIREESWARA
PRASADIKA ARTS & COMMERCE
COLLEGE, MAHALINGPUR,
TQ:MUDHOL, DIST:BAGALKOT.

5. SRI SANGANGOUDA
S/O BHIMANAGOUDA BIRADAR,
AGE:52 YEARS,
OCC:ASSOCIATE PROFESSOR
(SOCIOLOGY),
SHRI. CHANNAGIREESWARA
PRASADIKA ARTS & COMMERCE
COLLEGE, MAHALINGPUR,
TQ:MUDHOL, DIST:BAGALKOT.

6. SRI ASHARANI
S/O MAHARUDRAPPA CHINAGUNDI,
AGE:54 YEARS,
OCC: ASSOCIATE PROFESSOR (KANNADA),
SHRI. CHANNAGIREESWARA PRASADIKA
ARTS & COPMMERCE COLLEGE,
MAHALINGPUR,
TQ:MUDHOL, DIST:BAGALKOT.

7. SRI ASHOK
S/O MURAGEPPA NARODE,
AGE:49 YEARS, OCC:ASSOCIATE
PROFESSOR (KANNADA),
SHRI. CHANNAGIREESWARA
PRASADIKA ARTS & COPMMERCE
COLLEGE, MAHALINGPUR,
TQ:MUDHOL, DIST:BAGALKOT.
: 102 :

8. SRI RAYAGOUDA
S/O MALAGOUDA PATIL,
AGE:52 YEARS, OCC:ASSOCIATE
PROFESSOR (COMMERCE),
SHRI. CHANNAGIREESWARA
PRASADIKA ARTS & COPMMERCE
COLLEGE, MAHALINGPUR,
TQ:MUDHOL, DIST:BAGALKOT.

9. SRI GURAYYA
S/O ADIKESHWARAYYA MATHAPATI,
AGE:53 YEARS, OCC:ASSOCIATE
PROFESSOR (ECONOMICS),
SHRI. CHANNAGIREESWARA
PRASADIKA ARTS & COMMERCE
COLLEGE, MAHALINGPUR,
TQ:MUDHOL, DIST:BAGALKOT.

10. SRI RAMACHANDRA
S/O SHRINIVASARAO MITTIMANI,
AGE:53 YEARS, OCC:ASSOCIATE
PROFESSOR (HISTORY),
SHRI. CHANNAGIREESHSWARA
PRASADIKA ARTS & COMMERCE
COLLEGE, MAHALINGPUR,
TQ:MUDHOL, DIST:BAGALKOT.

11. SMT.SUNAND
S/O DUNDAPPA SARAGANVI,
AGE:47 YEARS, OCC:ASSOCIATE
PROFESSOR (AGRICULTURAL/ECONOMICS),
SHRI. CHANNAGIREESHSWARA
PRASADIKA ARTS & COMMERCE
COLLEGE, MAHALINGPUR,
TQ:MUDHOL, DIST:BAGALKOT.

12. SRI VISHWANATH
S/O MALLAPPA MUJAWAR
AGE: 56 YEARS,
OCC: ASSOCIATE PROFESSOR (HINDI),
SHRI CHANNAGIREESHSWARA PRASADIKA,
ARTS AND COMMERCE COLLEGE,
MAHALINGPUR,
: 103 :

TQ: MUDHOL,DIST: BAGALKOT.

13. SRI KALLAPPA
S/O MALLAPPA AWARADI
AGE: 49 YEARS,
OCC: ASSOCIATE PROFESSOR
(AGRICULTURE MARKETING)
SHRI CHANNAGIREESHSWARA
PRASADIKA, ARTS AND COMMERCE
COLLEGE, MAHALINGPUR,
TQ: MUDHOL,DIST: BAGALKOT.

14. SRI MALLIKARJUN
S/O GIRAMALLAPPA YARANAL
AGE: 51 YEARS,
OCC: ASSOCIATE PROFESSOR (COMMERCE)
SHRI CHANNAGIREESHSWARA PRASADIKA,
ARTS AND COMMERCE COLLEGE,
MAHALINGPUR,
TQ: MUDHOL,DIST: BAGALKOT.

15. SRI MAHANTESH
S/O MAHADEVAPPA HURALI
AGE: 44 YEARS,
OCC: ASSOCIATE PROFESSOR (ENGLISH)
SHRI CHANNAGIREESHSWARA PRASADIKA,
ARTS AND COMMERCE COLLEGE,
MAHALINGPUR,
TQ: MUDHOL,DIST: BAGALKOT.

16. SRI VEERAPPA
S/O SHIVARUDRAPPA ANGADI
AGE: 51 YEARS,
OCC: ASSOCIATE PROFESSOR
(PHYSICAL EDUCATION PROFESSOR)
SHRI CHANNAGIREESHSWARA PRASADIKA,
ARTS AND COMMERCE COLLEGE,
MAHALINGPUR,
TQ: MUDHOL,DIST: BAGALKOT.

17. SRI SHRIKANT
S/O SHIVAPPA BIDARE
AGE: 52 YEARS,
: 104 :

OCC: ASSOCIATE PROFESSOR (LIBRARIAN)
SHRI CHANNAGIREESHSWARA PRASADIKA,
ARTS AND COMMERCE COLLEGE,
MAHALINGPUR,
TQ: MUDHOL,DIST: BAGALKOT. ... PETITIONERS

(BY SRI A.S.PATIL, ADV.)

AND:

1. THE STATE OF KARNATAKA
THE DEPARTMENT OF LAW AND
PARLIMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

2. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF EDUCATION,
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU.

3. THE COMMISSIONER
DEPARTMENT OF COLLEGIATE

EDUCATION,
PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION, PALACE ROAD,
BENGALURU.

5. THE REGIONAL JOINT DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANASOUDA,
D C COMPOUND, DHARWAD.

6. THE KARNATAKA LIBERAL
EDUCATION SOCIETY,
(KLE-SOCIETY) COLLEGE ROAD,
BELAGAVI
: 105 :

REPRESENTED BY ITS SECRETARY

7. THE PRINCIPAL
SHRI CHANNAGIREESHSWARA PRASADIKA,
ARTS & COMMERCE COLLEGE,
MAHALINGPUR,
TQ: MUDHOL, DIST: BAGALKOT. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5, R7 SD)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATION INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT,2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-H.

IN WP Nos.101129/2015 & 101184/2015:

BETWEEN:

1. SRI MALLIKARJUN
S/O GANGADHAR BAGEWADI
AGE: 50 YEARS,
OCC: ASSISTANT PROFESSOR
(GEOGRAPHY),
SHRI NAVALGUND TALUK
SHIKSHANA SAMITIS,
SHANKAR ARTS COLLEGE, NAVALGUND,
TQ: NAVALGUND, DIST: GADAG

2. SRI GANGAPPA @ GANGADHAR
S/O SHIVAPPA GUDARAD
AGE: 55 YEARS,
OCC: ASSISTANT PROFESSOR
(HINDUSTANI MUSIC),
SHRI NAVALGUND TALUK
SHIKSHANA SAMITIS,
SHANKAR ARTS COLLEGE,
: 106 :

NAVALGUND, TQ: NAVALGUND,
DIST: GADAG. ... PETITIONERS

(BY SRI. A S PATIL, ADV.)

AND:

1. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY
ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU.

2. THE STATE OF KARNATAKA,
TO THE DEPARTMENT EDUCATION,
REPRESENTED BY ITS SECRETARY
VIDHANA SOUDHA, BENGALURU.

3. THE COMMISSIONER,
DEPARTMENT OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU

4. THE DIRECTOR OF COLLEGIATE
EDUCATION, PALACE ROAD, BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD.

6. NAVALGUND TALUKA SHIKSHANA SAMITI
NAVALGUND, TQ: NAVALGUND,
DIST: GADAG, RPTD.BY ITS SECRETARY

7. THE PRINCIPAL,
SHANKAR ARTS COLLEGE,
NAVALGUND,
TQ: NAVALGUND, DIST: GADAG. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5, R6 AND R7 SD)
: 107 :

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT,2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-J AND ETC.,

IN WP NO. 109423/2014:

BETWEEN:

SRI GANAPATI SHET,
SELECTION GRADE LECTURER
MES R N SHETTY POLYTECHNIC
COLLEGE, SIRSI, TQ SIRSI
DIST: UTTAR KANNADA. ... PETITIONER

(BY SRI. LAXMESH PUTTA MATAGUPPI, ADV.)

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAW &
PARLIAMENTARY AFFAIRS
R/BY ITS SECRETARY
VIDHANA SOUDHA, BENGALURU.

2. DIRECTOR OF BOARD OF
TECHNICAL EDUCATION,
GOVT. OF KARNATAKA,
PALACE ROAD, BENGALURU

3. THE PRINCIPAL
MES R N SHETTY POLYTECHNIC
COLLEGE SIRSI, TQ: SIRSI
DIST:UTTAR KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 & R2 )
: 108 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
KARNATAKA GAZETTE NOTIFICATION DATED 12.02.2014
ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-E AND
DIRECT THE FIRST RESPONDENT TO FOLLOW THE DECISION
RENDERED BY THIS COURT IN WRIT APPEAL NO.848/2008
C/W.450/2007 DATED 03.11.2009 IN TREATING THE PRIVATE
EDUCATIONAL INSTITUTIONS EMPLOYEES ON PAR WITH
GOVERNMENT EMPLOYEES IN PROVIDING SERVICE BENEFITS
TO THEM.

IN WP No. 109425/2014:

BETWEEN:

SMT.BHARATI HEGDE,
SELECTION GRADE LECTURER
MES R N SHETTY POLYTECHNIC
COLLEGE SIRSI, TQ SIRSI
DIST: UTTAR KANNADA. ... PETITIONER

(BY SRI. LAXMESH PUTTA MATAGUPPI, ADVOCATE)

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAW &
PARLIAMENTARY AFFAIRS
R/BY ITS SECRETARY
VIDHANA SOUDHA, BENGALURU.

2. DIRECTOR OF BOARD OF
TECHNICAL EDUCATION,
GOVT. OF KARNATAKA
PALACE ROAD, BENGALURU.

3. THE PRINCIPAL
MES R N SHETTY POLYTECHNIC
COLLEGE SIRSI, TQ: SIRSI
DIST:UTTAR KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 & R2)
: 109 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
KARNATAKA GAZETTE NOTIFICATION DATED 12.02.2014
ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-E AND
DIRECT THE FIRST RESPONDENT TO FOLLOW THE DECISION
RENDERED BY THIS COURT IN WRIT APPEAL NO.848/2008
C/W.450/2007 DATED 03.11.2009 IN TREATING THE PRIVATE
EDUCATIONAL INSTITUTIONS EMPLOYEES ON PAR WITH
GOVERNMENT EMPLOYEES IN PROVIDING SERVICE BENEFITS
TO THEM.

IN WP No.109431/2014:

BETWEEN:

SHRI GANAPATI HEGDE,
AGE: 48 YEARS,
SELECTION GRADE LECTURER
MES R N SHETTY POLYTECHNIC
COLLEGE, SIRSI, TQ SIRSI
DIST: UTTAR KANNADA. ... PETITIONER

(BY SRI. LAXMESH PUTTA MATAGUPPI, ADV.)

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAW &
PARLIAMENTARY AFFAIRS
R/BY ITS SECRETARY
VIDHANA SOUDHA, BENGALURU.

2. DIRECTOR OF BOARD OF
TECHNICAL EDUCATION
GOVT. OF KARNATAKA
PALACE ROAD, BENGALURU.

3. THE PRINCIPAL, MES R N SHETTY POLYTECHNIC
COLLEGE, SIRSI, TQ: SIRSI
DIST:UTTAR KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI,AGA FOR R1 & R2, R3 SD)
: 110 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEXURE-E PUBLISHED IN KARNATAKA GAZETTE DATED
12.02.2014 IN PART IV(A) AND DIRECT THE FIRST RESPONDENT
TO FOLLOW THE DECISION RENDERED BY THIS COURT IN
WRIT APPEAL NO.848/2008 C/W.450/2007 DATED 03.11.2009
IN TREATING THE PRIVATE EDUCATIONAL INSTITUTIONS
EMPLOYEES ON PAR WITH GOVERNMENT EMPLOYEES IN
PROVIDING SERVICE BENEFITS TO THEM.

IN WP NO. 109422/2014:

BETWEEN:

SHRI PRASHANT HEGDE,
SELECTION GRADE LECTURER
MES R N SHETTY POLYTECHNIC
COLLEGE, SIRSI, TQ SIRSI
DIST: UTTAR KANNADA. ... PETITIONER

(BY SRI. LAXMESH PUTTA MATAGUPPI, ADV.)

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAW &
PARLIAMENTARY AFFAIRS
R/BY ITS SECRETARY
VIDHANA SOUDHA, BENGALURU

2. DIRECTOR OF BOARD OF
ECHNICAL EDUCATION
GOVT. OF KARNATAKA
PALACE ROAD, BENGALURU.

3. THE PRINCIPAL
MES R N SHETTY POLYTECHNIC
COLLEGE SIRSI, TQ: SIRSI
DIST:UTTAR KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 & R2)
: 111 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
KARNATAKA GAZETTE NOTIFICATION DATED 12.02.2014
ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-E AND
DIRECT THE FIRST RESPONDENT TO FOLLOW THE DECISION
RENDERED BY THIS COURT IN WRIT APPEAL NO.848/2008
C/W.450/2007 DATED 03.11.2009 IN TREATING THE PRIVATE
EDUCATIONAL INSTITUTIONS EMPLOYEES ON PAR WITH
GOVERNMENT EMPLOYEES IN PROVIDING SERVICE BENEFITS
TO THEM AND ETC.,

IN WP NO. 109420/2014:

BETWEEN:

SRI SRINIVAS RAO A.V.,
SELECTION GRADE LECTURER
MES R N SHETTY POLYTECHNIC
COLLEGE, SIRSI, TQ SIRSI
DIST: UTTAR KANNADA. ... PETITIONER

(BY SRI. LAXMESH PUTTA MATAGUPPI, ADV.)

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAW &
ARLIAMENTARY AFFAIRS
R/BY ITS SECRETARY
VIDHANA SOUDHA, BENGALURU.

2. DIRECTOR OF BOARD OF
ECHNICAL EDUCATION
GOVT. OF KARNATAKA
PALACE ROAD, BENGALURU.

3. THE PRINCIPAL, MES R N SHETTY POLYTECHNIC
COLLEGE SIRSI, TQ: SIRSI
DIST:UTTAR KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 & R2 )
: 112 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
KARNATAKA GAZETTE NOTIFICATION DATED 12.02.2014
ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-E AND
DIRECT THE FIRST RESPONDENT TO FOLLOW THE DECISION
RENDERED BY THIS COURT IN WRIT APPEAL NO.848/2008
C/W.450/2007 DATED 03.11.2009 IN TREATING THE PRIVATE
EDUCATIONAL INSTITUTIONS EMPLOYEES ON PAR WITH
GOVERNMENT EMPLOYEES IN PROVIDING SERVICE BENEFITS
TO THEM AND ETC.,

IN WP No.109418/2014:

BETWEEN:

SRI MANJUNATH RAMA SHETTY
SELECTION GRADE LECTURER
MES R N SHETTY POLYTECHNIC COLLEGE
SIRSI, TQ SIRSI, DIST: UTTAR KANNADA.
... PETITIONER
(BY SRI. LAXMESH PUTTA MATAGUPPI, ADV.)

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAW &
PARLIAMENTARY AFFAIRS
R/BY ITS SECRETARY
VIDHANA SOUDHA, BENGALURU.

2. DIRECTOR OF BOARD OF
TECHNICAL EDUCATION
GOVT. OF KARNATAKA
PALACE ROAD, BENGALURU.

3. THE PRINCIPAL
MES R N SHETTY POLYTECHNIC
COLLEGE SIRSI,
TQ: SIRSI, DIST:UTTAR KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 & R2)
: 113 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
KARNATAKA GAZETTE NOTIFICATION DATED 12.02.2014
ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-E AND
DIRECT THE FIRST RESPONDENT TO FOLLOW THE DECISION
RENDERED BY THIS COURT IN WRIT APPEAL NO.848/2008
C/W.450/2007 DATED 03.11.2009 IN TREATING THE AIDED
PRIVATE EDUCATIONAL INSTITUTIONS EMPLOYEES ON PAR
WITH GOVERNMENT EMPLOYEES IN PROVIDING SERVICE
BENEFITS TO THEM.

IN WP NO. 109419/2014:

BETWEEN:

SRI SATISH,
SELECTION GRADE LECTURER
MES R N SHETTY POLYTECHNIC COLLEGE
SIRSI TQ SIRSI,
DIST: UTTAR KANNADA. ... PETITIONER

(BY SRI. LAXMESH PUTTA MATAGUPPI, ADV.)

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAW &
PARLIAMENTARY AFFAIRS
R/BY ITS SECRETARY
VIDHANA SOUDHA, BENGALURU.

2. DIRECTOR OF BOARD OF
TECHNICAL EDUCATION
GOVT. OF KARNATAKA
PALACE ROAD, BENGALURU.

3. THE PRINCIPAL
MES R N SHETTY POLYTECHNIC
COLLEGE SIRSI, TQ: SIRSI
DIST:UTTAR KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 & R2 )
: 114 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
KARNATAKA GAZETTE NOTIFICATION DATED 12.02.2014
ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-E AND
DIRECT THE FIRST RESPONDENT TO FOLLOW THE DECISION
RENDERED BY THIS COURT IN WRIT APPEAL NO.848/2008
C/W.450/2007 DATED 03.11.2009 IN TREATING THE PRIVATE
EDUCATIONAL INSTITUTIONS EMPLOYEES ON PAR WITH
GOVERNMENT EMPLOYEES IN PROVIDING SERVICE BENEFITS
TO THEM.

IN WP No.109427/2014:

BETWEEN:

SRI SHANTHARAM BHAT,
SELECTION GRADE LECTURER
MES R N SHETTY POLYTECHNIC COLLEGE
SIRSI TQ SIRSI, DIST: UTTAR KANNADA.
... PETITIONER
(BY SRI. LAXMESH PUTTA MATAGUPPI, ADV.)

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAW &
PARLIAMENTARY AFFAIRS
R/BY ITS SECRETARY
VIDHANA SOUDHA, BENGALURU.

2. DIRECTOR OF BOARD OF
TECHNICAL EDUCATION
GOVT. OF KARNATAKA
PALACE ROAD, BENGALURU.

3. THE PRINCIPAL
MES R N SHETTY POLYTECHNIC
COLLEGE SIRSI, TQ: SIRSI
DIST:UTTAR KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 & R2, R3 SD)
: 115 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEXURE-E PUBLISHED IN KARNATAKA GAZETTE DATED
12.02.2014 IN PART IV(A) AND DIRECT THE FIRST RESPONDENT
TO FOLLOW THE DECISION RENDERED BY THIS COURT IN
WRIT APPEAL NO.848/2008 C/W.450/2007 DATED 03.11.2009
IN TREATING THE PRIVATE EDUCATIONAL INSTITUTIONS
EMPLOYEES ON PAR WITH GOVERNMENT EMPLOYEES IN
PROVIDING SERVICE BENEFITS TO THEM.

IN WP No.109424/2014:

BETWEEN:

SRI VISHNUDAS PRABHU,
SELECTION GRADE LECTURER
MES R N SHETTY POLYTECHNIC COLLEGE
SIRSI, TQ SIRSI,
DIST: UTTAR KANNADA. ... PETITIONER

(BY SRI. LAXMESH PUTTA MATAGUPPI, ADV.)

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAW &
PARLIAMENTARY AFFAIRS
R/BY ITS SECRETARY
VIDHANA SOUDHA, BENGALURU.

2. DIRECTOR OF BOARD OF
TECHNICAL EDUCATION
GOVT. OF KARNATAKA
PALACE ROAD, BENGALURU.

3. THE PRINCIPAL
MES R N SHETTY POLYTECHNIC
COLLEGE SIRSI, TQ: SIRSI
DIST:UTTAR KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 & R2 )
: 116 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
KARNATAKA GAZETTE NOTIFICATION DATED 12.02.2014
ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-E AND
DIRECT THE FIRST RESPONDENT TO FOLLOW THE DECISION
RENDERED BY THIS COURT IN WRIT APPEAL NO.848/2008
C/W.450/2007 DATED 03.11.2009 IN TREATING THE PRIVATE
EDUCATIONAL INSTITUTIONS EMPLOYEES ON PAR WITH
GOVERNMENT EMPLOYEES IN PROVIDING SERVICE BENEFITS
TO THEM.

IN WP No.109430/2014:

BETWEEN:

SRI RAMESH,
SELECTION GRADE LECTURER
MES R N SHETTY POLYTECHNIC
COLLEGE , SIRSI TQ SIRSI,
DIST: UTTAR KANNADA. ... PETITIONER

(BY SRI. LAXMESH PUTTA MATAGUPPI, ADV.)

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAW &
PARLIAMENTARY AFFAIRS
R/BY ITS SECRETARY
VIDHANA SOUDHA, BENGALURU.

2. DIRECTOR OF BOARD OF
TECHNICAL EDUCATION
GOVT. OF KARNATAKA
PALACE ROAD, BENGALURU.

3. THE PRINCIPAL
MES R N SHETTY POLYTECHNIC
COLLEGE, SIRSI,
TQ: SIRSI, DIST:UTTAR KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 & R2)
: 117 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEXURE-E PUBLISHED IN KARNATAKA GAZETTE DATED
12.02.2014 IN PART IV(A) AND DIRECT THE FIRST RESPONDENT
TO FOLLOW THE DECISION RENDERED BY THIS COURT IN
WRIT APPEAL NO.848/2008 C/W.450/2007 DATED 03.11.2009
IN TREATING THE PRIVATE EDUCATIONAL INSTITUTIONS
EMPLOYEES ON PAR WITH GOVERNMENT EMPLOYEES IN
PROVIDING SERVICE BENEFITS TO THEM.

IN WP No.109428/2014:

BETWEEN:

SHRI SANJAY KOORSE
SELECTION GRADE LECTURER
MES R N SHETTY POLYTECHNIC
COLLEGE, SIRSI, TQ SIRSI,
DIST: UTTAR KANNADA. ... PETITIONER

(BY SRI. LAXMESH PUTTA MATAGUPPI, ADV.)

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAW &
PARLIAMENTARY AFFAIRS
R/BY ITS SECRETARY
VIDHANA SOUDHA,
BENGALURU.

2. DIRECTOR OF BOARD OF
TECHNICAL EDUCATION
GOVT. OF KARNATAKA
PALACE ROAD, BENGALURU.

3. THE PRINCIPAL
MES R N SHETTY POLYTECHNIC
COLLEGE, SIRSI, TQ: SIRSI,
DIST:UTTAR KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 & R2)
: 118 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEXURE-E PUBLISHED IN KARNATAKA GAZETTE DATED
12.02.2014 IN PART IV(A) AND DIRECT THE FIRST RESPONDENT
TO FOLLOW THE DECISION RENDERED BY THIS COURT IN
WRIT APPEAL NO.848/2008 C/W.450/2007 DATED 03.11.2009
IN TREATING THE PRIVATE EDUCATIONAL INSTITUTIONS
EMPLOYEES ON PAR WITH GOVERNMENT EMPLOYEES IN
PROVIDING SERVICE BENEFITS TO THEM.

IN WP No.109429/2014:

BETWEEN:

SRI MALLIKARJUN KORI,
SELECTION GRADE LECTURER
MES R N SHETTY POLYTECHNIC
COLLEGE , SIRSI, TQ SIRSI,
DIST: UTTAR KANNADA. ... PETITIONER

(BY SRI. LAXMESH PUTTA MATAGUPPI, ADV.)

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAW &
PARLIAMENTARY AFFAIRS
R/BY ITS SECRETARY
VIDHANA SOUDHA, BENGALURU.

2. DIRECTOR OF BOARD OF
TECHNICAL EDUCATION
GOVT. OF KARNATAKA
PALACE ROAD, BENGALURU.

3. THE PRINCIPAL
MES R N SHETTY POLYTECHNIC
COLLEGE SIRSI, TQ: SIRSI
DIST:UTTAR KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 & R2)
: 119 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEXURE-E PUBLISHED IN KARNATAKA GAZETTE DATED
12.02.2014 IN PART IV(A) AND DIRECT THE FIRST RESPONDENT
TO FOLLOW THE DECISION RENDERED BY THIS COURT IN
WRIT APPEAL NO.848/2008 C/W.450/2007 DATED 03.11.2009
IN TREATING THE PRIVATE EDUCATIONAL INSTITUTIONS
EMPLOYEES ON PAR WITH GOVERNMENT EMPLOYEES IN
PROVIDING SERVICE BENEFITS TO THEM.

IN WP NO.101218/2015:

BETWEEN:

SMT.B TARAMA @ B N TARA,
AGE:47 YEARS,
OCC:ASSOCIATE PROFESSOR
(HISTORY), K.L.E.SOCIETY S WOMEN
ARTS & COMMERCE COLLEGE,
GADAG, TQ & DIST: GADAG. ... PETITIONER

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS PRINCIPAL
SECRETARY, VIDHANA SOUDHA,
BENGALURU.

2. THE STATE OF KARNATAKA,
THE DEPARTMENT OF EDUCATION,
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU.

3. THE COMMISSIONER,
DEPARTMENT OF EDUCATION,
PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF
: 120 :

COLLEGIATE EDUCATION,
PALACE ROAD, BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD.

6. THE KARNATAKA LIBERAL
EDUCATION SOCIETY,
(KLE-SOCIETY) COLLEGE ROAD,
BELAGAVI. REP. BY ITS SECRETARY.

7. THE PRINCIPAL,
K.L.E-SOCIETYS
WOMEN S ARTS AND
COMMERCE COLLEGE,
GADAG. TQ & DIST: GADAG.

8. THE PRINCIPAL,
K.L.E SOCIETYS,
SRI. MRUTHYUNJAYA COLLEGE,
DHARWAD,
TQ & DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5 )

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO STRUCK
DOWN THE PROVISION OF THE ACT NO.7 OF "KARNATAKA
PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES
(REGULATION OF PAY, PENSION AND OTHER BENEFITS ) ACT,
2014" AND CONSEQUENTLY TO QUASH THE GAZETTE
NOTIFICATION DATED 12.02.2014 PUBLISHED IN KARNATAKA
GAZETTE IN NO.SAMVYASHE 60 SHASANA 2013, BANGALRE
DATED 12-02-2014, IN PART IV (A) BY THE RESPONDENT NO.1
AS PER ANNEXURE-G.
: 121 :

IN WP No.101398/2015:

BETWEEN:

SHRI MALLIKARJUN SATYANAGOUDA PATIL
AGE: 46 YEARS,
OCC: ASSOCIATE PROFESSOR
(MATHEMATICS),
R/O. SHIVAGIRI NIVAS, 1ST CROSS,
ANAD MANAGER, BADAMI-587201
DIST: BAGALKOT. ..PETITIONER

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
RPTD.BY ITS PRINCIPAL SECRETARY
VIDHANA SOUDHA, BENGALUR.

2. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF EDUCATION
RPTD.BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

3. THE COMMISSIONER
DEPARTMENT OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDA,
D C COMPOUND, DHARWAD.
: 122 :

6. PROGRESSIVE EDUCATION TRUST,
GULEDAGUDDA
TQ: BADAMI, DIST: BAGALKOT,
RPTD.BY ITS CHAIRMAN

7. THE PRINCIPAL
S M BHANDARI ARTS, RR BHANDARI
COMMERCE, & S K RATHI SCIENCE COLLEGE,
GULEDAGUDDA,
TQ: BADAMI, DIST: BAGALKOT. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5 )

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO STRUCK
DOWN THE PROVISION OF THE ACT NO.7 OF "KARNATAKA
PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES
(REGULATION OF PAY, PENSION AND OTHER BENEFITS ) ACT,
2014" AND CONSEQUENTLY TO QUASH THE GAZETTE
NOTIFICATION DATED 12.02.2014 PUBLISHED IN KARNATAKA
GAZETTE IN NO.SAMVYASHE 60 SHASANA 2013, BANGALRE
DATED 12-02-2014, IN PART IV (A) BY THE RESPONDENT NO.1
AS PER ANNEXURE-E.

IN WP No.101359/2015:

BETWEEN:

SHRI SHOUKAT ALI
S/O MAGDUMSAB MAGALMANI,
AGE: 46 YEARS,
OCC: ASSOCIATE PROFESSOR (ECONOMICS),
J.S.S. BANASHANKARI ARTS &
SHANTIKUMAR GUBBI SCIENCE
COLLEGE, VIDYAGIRI, DHARWAD.
.. PETITIONER
(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
THE DEPARTMENT OF LAW &
: 123 :

PARLIMENTARY AFFAIRS,
REPRESENTED BY ITS PRINCIPAL
SECRETARY, VIDHANA SOUDHA,
BENGALURU.

2. THE STATE OF KARNATAKA,
THE DEPARTMENT OF EDUCATION,
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGLAURU.

3. THE COMMISSIONER,
THE DEPARTMENT OF EDUCATION,
PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD.

6. THE WOMEN S NATIONAL
EDUCATION SOCIETY,
M.G.ROAD, MANGALORE-575003,
DIST: SOUTH CANARA,
REPRESENTED BY ITS PRESIDENT.

7. THE PRINCIPAL,
BESENT EVENING COLLEGE,
M.G.ROAD, MANGALORE-575 003,
DIST: SOUTH CANARA.

8. THE PRINCIPAL,
J.S.S. BANASHANKARI ARTS, &
SHANTIKUMAR GUBBI SCIENCE
COLLEGE, VIDYAGIRI,
DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)
: 124 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO STRUCK
DOWN THE PROVISION OF THE ACT NO.7 OF "KARNATAKA
PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES
(REGULATION OF PAY, PENSION AND OTHER BENEFITS ) ACT,
2014" AND CONSEQUENTLY TO QUASH THE GAZETTE
NOTIFICATION DATED 12.02.2014 PUBLISHED IN KARNATAKA
GAZETTE IN NO.SAMVYASHE 60 SHASANA 2013, BANGALRE
DATED 12-02-2014, IN PART IV (A) BY THE RESPONDENT NO.1
AS PER ANNEXURE-F.

IN WP Nos.101130 & 101652/2015 &
101653 - 662/2015

BETWEEN:

1. SRI MALLIKARJUN
S/O RUDRAPPA TERDAL,
AGE:56 YEARS,
OCC: OFFICE SUPERINTENDENT,
KLE SOCIETY S SCP ARTS &
COMMERCE COLLEGE,
MAHALINGPUR,
TQ: MUDHOL, DIST: BAGALKOT.

2. SRI RUDRAPPA
S/O DULAPPA BIRADAR,
AGE:49 YEARS,
OCC:FIRST DIVISION ASSISTANT,
KLE SOCIETY S SCP ARTS &
COMMERCE COLLEGE,
MAHALINGPUR,
TQ: MUDHOL, DIST: BAGALKOT.

3. SRI MADIVALAPPA
S/O BHIMAPPA PARIT,
AGE:51 YEARS,
OCC:SECOND DIVISION ASSISTANT,
KLE SOCIETY S SCP ARTS
& COMMERCE COLLEGE,
MAHALINGPUR, TQ: MUDHOL,
DIST: BAGALKOT.
: 125 :

4. SRI MOHAN
S/O SANGAPPA SHIROL,
AGE:50 YEARS, OCC:TYPIST,
KLE SOCIETY S SCP ARTS
& COMMERCE COLLEGE,
MAHALINGPUR, TQ: MUDHOL,
DIST: BAGALKOT.

5. SRI DHARIAPPA
S/O SIDDAPPA KUMBAR,
AGE:44 YEARS,
OCC:SECOND DIVISION ASSISTANT,
KLE SOCIETY S SCP ARTS &
COMMERCE COLLEGE,
MAHALINGPUR, TQ: MUDHOL,
DIST: BAGALKOT.

6. SRI PRAKASH
S/O RAMACHANDRAPPA BIRADAR PATIL,
AGE:51 YEARS,
OCC:SECOND DIVISION ASSISTANT,
KLE SOCIETY S SCP ARTS &
COMMERCE COLLEGE,
MAHALINGPUR, TQ: MUDHOL,
DIST: BAGALKOT.

7. SRI MAHADEV
S/O RUDRAPPA DODAWAD,
AGE:58 YEARS, OCC:ATTENDER,
KLE SOCIETY S SCP ARTS &
COMMERCE COLLEGE,
MAHALINGPUR, TQ: MUDHOL,
DIST: BAGALKOT.

8. SRI CHIDANAND
S/O BABU KITTUR,
AGE:47 YEARS, OCC:ATTENDER,
KLE SOCIETY S SCP ARTS &
COMMERCE COLLEGE,
MAHALINGPUR, TQ: MUDHOL,
DIST: BAGALKOT.

9. SRI AYYAPPA
: 126 :

S/O GURUPADAPPA MADIWAL,
AGE:59 YEARS, OCC:PEON,
KLE SOCIETY S SCP ARTS &
COMMERCE COLLEGE,
MAHALINGPUR, TQ: MUDHOL,
DIST: BAGALKOT.

10. SRI DHARMENDRA
S/O SHANTAVVA ANEPPAGOL,
AGE:43 YEARS, OCC:PEON,
KLE SOCIETY S SCP ARTS &
COMMERCE COLLEGE,
MAHALINGPUR, TQ: MUDHOL,
DIST: BAGALKOT.

11. SRI MAHADEV
S/O ALLAPPA BENCHINMARADI,
AGE:43 YEARS, OCC:PEON,
KLE SOCIETY S SCP ARTS &
COMMERCE COLLEGE,
MAHALINGPUR, TQ: MUDHOL,
DIST: BAGALKOT.

12. SRI PARAPPA
S/O CHANAMALLAPPA KHOT,
AGE:41 YEARS, OCC:PEON,
KLE SOCIETY S SCP ARTS &
COMMERCE COLLEGE,
MAHALINGPUR, TQ: MUDHOL,
DIST: BAGALKOT. ... PETITIONERS

(BY SIR. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
RPTD.BY ITS PRINICIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU

2. THE STATE OF KARNATAKA,
THE DEPARTMENT OF EDUCATION,
: 127 :

REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU

3. THE COMMISSIONER,
DEPARTMENT OF COLLEGIATE
EDUCATION, PALACE ROAD,
BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD.

6. THE KARNATAKA LIBERAL
EDUCATION SOCIETY,
(KLE-SOCIETY) COLLEGE ROAD,
BELAGAVI. REPRESENTED BY
ITS SECRETARY.

7. THE PRINCIPAL,
SRI. CHANNAGIREESHWARA
PRASADIKA ARTS & COMMERCE
COLLEGE, MAHALINGPUR,
TQ: MUDHOL, DIST: BAGALKOT. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226

& 227
OF THE CONSTITUTION OF INDIA PRAYING TO STRUCK
DOWN THE PROVISION OF THE ACT NO.7 OF "KARNATAKA
PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES
(REGULATION OF PAY, PENSION AND OTHER BENEFITS ) ACT,
2014" AND CONSEQUENTLY TO QUASH THE GAZETTE
NOTIFICATION DATED 12.02.2014 PUBLISHED IN KARNATAKA
GAZETTE IN NO.SAMVYASHE 60 SHASANA 2013, BANGALRE
DATED 12-02-2014, IN PART IV (A) BY THE RESPONDENT NO.1
AS PER ANNEXURE-G.
: 128 :

IN WP Nos.101131 & 101649 - 651/2015:

BETWEEN:

1. SRI MAHADEV
S/O BALAPPA KOLAVI
AGE: 51 YEARS,
OCC: ASSOCIATE PROFESSOR(SOCIOLOGY),
K.L.E SOCIETYS WOMEN ARTS &
COMMERCE COLLEGE,
GADAG TQ: & DIST: GADAG.

2. SMT.SRIDEVI
D/O SHIVALINGAPPA SANGOLLI
AGE: 44 YEARS,
OCC: ASSOCIATE PROFESSOR (ENGLISH),
K.L.E SOCIETYS WOMEN ARTS &
COMMERCE COLLEGE,
GADAG TQ: & DIST: GADAG.

3. SMT.KAMALA
D/O BASAPPA JAMBAGI
AGE: 55 YEARS,
OCC: ASSOCIATE PROFESSOR
(PLYSICAL EDUCATION INSTRUCTOR),
K.L.E SOCIETYS WOMEN ARTS &
COMMERCE COLLEGE,
GADAG TQ: & DIST: GADAG.

4. SMT.PRABHAKURUPA
D/O NEELAKANTH MUNAVALLI
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR
(POLITICAL SCIENCE),
K.L.E SOCIETYS WOMEN ARTS &
COMMERCE COLLEGE,
GADAG TQ: & DIST: GADAG. ... PETITIONERS

(BY SIR. A S PATIL, ADVOCATE)
: 129 :

AND:

1. THE STATE OF KARNATAKA
THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY
VIDHANA SOUDHA, BENGALURU

2. THE STATE OF KARNATAKA
THE DEPARTMENT OF EDUCATION
REPRESENTED BY ITS SECRETARY
VIDHANA SOUDHA,
BENGALURU.

3. THE COMMISSIONER
DEPARTMENT OF EDUCATION
PALACE ROAD, BENGALURU

4. THE DIRECTOR OF COLLEGIATE
EDUCATION, PALACE ROAD, BENGALURU

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD

6. THE KARNATAHA LIBERAL
EDUCATION SOCIETY
(KLE-SOCIETY) COLLEGE ROAD,
BELAGAVI,
REPRESENTED BY ITS SECRETARY

7. THE PRINCIPLE
KLE SOCIETYS,
WOMEN ARTS & COMMERCE COLLEGE,
GADAD, TQ: & DIST: GADAG.
... RESPONDENTS
(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SHRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
: 130 :

STRUCK DOWN THE PROVISION OF THE ACT NO.7 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS ) ACT, 2014" AND CONSEQUENTLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE IN NO.SAMVYASHE 60 SHASANA 2013,
BANGALRE DATED 12-02-2014, IN PART IV (A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-F.

IN WP Nos.101456 - 101472/2015:

BETWEEN:

1. SRI RAMANAGOUDA
S/O TAKANAGOUDA HIREGOUDRA
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR,

2. SRI NERALAGI TEPPERUDRAPPA
MARULSIDDAPPA
AGE: 54 YEARS,
OCC: ASSOCIATE PROFESSOR,

3. SRI GANGADHAR
S/O BHARAMAPPA BETADUR
AGE: 56 YEARS,
OCC: ASSOCIATE PROFESSOR,

4. SRI RAVIKUMAR
S/O BASAPPA GODI
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR,

5. SRI BASAVARAJA
S/O NINGAPPA HANDRAL
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR,

6. SRI SIDDALINGAPPA
S/O CHIDANANDAPPA PATTENSHETTI
AGE: 51 YEARS,
OCC: ASSOCIATE PROFESSOR,
: 131 :

7. SRI MADIWALAPPA
S/O SIDDAPPA BIRADAR
AGE: 51 YEARS,
OCC: ASSOCIATE PROFESSOR,

8. SRI JAYPPA
S/O NAGAPPA ARIKATTI
AGE: 51 YEARS,
OCC: ASSOCIATE PROFESSOR,

9. SRI SHASHIKUMAR
S/O BASAVANNAYYA HIREMATH
AGE: 49 YEARS, OCC: LIBRARIAN,

10. SRI MALLAPPA
S/O VEERABHADRAPPA NASHBI
AGE: 53 YEARS,
OCC: PHYSICAL DIRECTOR,

11. SRI RAVINDRAGOUDA
S/O SHANKARAGOUDA PATIL
AGE: 53 YEARS, OCC: SDA,

12. SRI PRAKASH
S/O VEERAPPA KOTTURSHETTAR
AGE: 54 YEARS, OCC: SDA,

13. SRI BASAVARAJ
S/O RAMAPPA TALWAR
AGE: 51 YEARS, OCC: ATTENDAR,

14. SRI SHANKARAGOUDA
S/O YALLAPPAGOUDA PATIL
AGE: 46 YEARS, OCC: ATTENDAR,

15. SRI FAKKERAPPA
S/O KATTAPPA PUJAR
AGE: 49 YEARS, OCC: PEON,

16. SRI NINGAPPA
S/O YALLAPPA KHANAMMANNAVAR
AGE: 52 YEARS, OCC: PEON,
: 132 :

17. SRI NINGAPPA
S/O FAKKIRAPPA TIRAKAPPANAVAR
AGE: 41 YEARS, OCC: PEON,

ALL ARE WORKING AT
G.S.PATIL ARTS AND
COMMERCE COLLEGE,
KUNDGOL, DIST: DHARWAD. ... PETITIONERS

(BY SRI. MAHANTESH C KOTTURSHETTAR, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF LAW AND
PARLIAMENTARY AFFAIRS,
VIDHANSOUDA, BENGALURU.

2. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF EDUCATION,
VIDHANSOUDA, BENGALURU.

3. THE COMMISSIONER
DEPARTMENT OF EDUCATION,
K.R.CIRCLE, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION, GOVT., OF KARNATAKA,
VISHWESHWARIAH CIRCLE,
BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANASOUDA,
D C COMPOUND, DHARWAD. .. RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
: 133 :

QUASHING THE ANNEXURE-D PUBLISHED IN KARNATAKA
GAZETTE DATED 12.02.2014 IN NO.SAMVYASHE 60 SHASANA
2013, BANGALORE IN PART IV(A). & DIRECTING THE
RESPONDENTS/ STATE GOVERNMENT TO IMPLEMENT THE
DIRECTION ISSUED BY THE THIS HON'BLE COURT IN WRIT
APPEAL NO. 848/2008C/W-450/2007 AS PER ANNEXURE-C.

IN WP Nos.102032 - 102033/2015:

BETWEEN:

1. SRI CHANAVEERAGOUDA
S/O VIRUPAXAGOUDA PATIL
AGED ABOUT 47 YEARS,
FIRST DIVISIONAL ASSISTANT,
GECGS PATIL ARTS AND
COMMERCE COLLEGE,
NEAR LAXMESHAR ROAD,
KUNDGOL, DIST: DHARWAD

2. SRI CHANDRAKANT
S/O DATTATRAY REVANKAR
AGED ABOUT 50 YEARS, TYPIST,
GECGS PATIL ARTS AND
COMMERCE COLLEGE,
NEAR LAXMESHAR ROAD, KUNDGOL,
DIST: DHARWAD. ... PETITIONERS

(BY SRI. SUNIL S DESAI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
RPTD.BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
VIDHANA SOUDHA,
BENGALURU-560001

2. THE STATE OF KARNATAKA
RPTD.BY ITS SECRETARY,
DEPARTMENT OF EDUCATION
VIDHANA SOUDHA,
: 134 :

BENGALURU-560001

3. THE COMMISSIONER
DEPARTMENT OF EDUCATION,
BENGALURU-560001

4. THE DIRECTOR OF COLLEGIATE
EDUCATION, GOVERNMENT OF
KARNATAKA, VISHWESHWARIAH
CIRCLE, BENGALURU-560001

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND,
DHARWAD-580001

6. GROUP EDUCATION COMMITTEE,
RPTD.BY ITS CHAIRMAN,
KUNDGOL, DIST: DHARWAD

7. THE PRINCIPAL
GECGS PATIL ARTS & COMMERCE,
COLLEGE, KUNDGOL,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5 )

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE NEW ACT NO.07 OF KARNATAKA PRIVATE
AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES
(REGULATION OF PAY, PENSION AND OTHER BENEFITS) ACT,
2014 AS UNCONSTITUTIONAL OPPOSE TO PRINCIPLE EQUAL
PAY EQUAL WORK AND VIOLATIVE OF
ARTICLE 14
OF THE
CONSTITUTION OF INDIA AND CONSEQUETNLY TO QUASH
THE GAZETTE NOTIFICATION DATED 12.02.2014 AT
ANNEXURE-F PASSED BY THE 1ST RESPONDENT AND QUASH
THE CIRCULAR DATED 04.03.2014 AT ANNEXURE-G ISSUED BY
THE 4TH RESPONDENT AS ILLEGAL AND VOID.
: 135 :

IN WP Nos.102020 - 102031/2015:

BETWEEN:

1. SRI R A SHASTRIMATH,
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR
IN SOCIOLOGY,
MES ARTS & COMMERCE COLLEGE,
MUDALGI, TQ: GOKAK,
DIST: BELAGAVI.

2. SRI S M GUJAGONDA, AGE: 51 YEARS,
OCC: ASSOCIATE PROFESSOR
IN GEOGRAPHY,
MES ARTS & COMMERCE COLLEGE,
MUDALGI,
TQ: GOKAK, DIST: BELAGAVI.

3. SRI A P RADDI,
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR
IN ECONOMICS,
MES ARTS & COMMERCE COLLEGE,
MUDALGI,
TQ: GOKAK, DIST: BELAGAVI

4. SRI S B KHOT,
AGE: 51 YEARS,
OCC: ASSOCIATE PROFESSOR
IN ENGLISH,
MES ARTS & COMMERCE
COLLEGE, MUDALGI,
TQ: GOKAK, DIST: BELAGAVI.

5. SRI V S HAMPANNAVAR,
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR
IN SOCIOLOGY,
MES ARTS & COMMERCE COLLEGE,
MUDALGI,
TQ: GOKAK, DIST: BELAGAVI.
: 136 :

6. SRI S A SHASTRIMATH,
AGE: 54 YEARS,
OCC: ASSOCIATE PROFESSOR
IN GEOGRAPHY,
MES ARTS & COMMERCE
COLLEGE, MUDALGI,
TQ: GOKAK, DIST: BELAGAVI.

7. SRI S G NAIK,
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR
IN HISTORY,
MES ARTS & COMMERCE
COLLEGE, MUDALGI,
TQ: GOKAK, DIST: BELAGAVI

8. SRI G V NAGARAJ,
AGE: 49 YEARS,
OCC: ASSOCIATE PROFESSOR
IN COMMERCE,
MES ARTS & COMMERCE
COLLEGE, MUDALGI,
TQ: GOKAK, DIST: BELAGAVI

9. SRI C L CHITRAGAR,
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR
IN GEOGRAPHY,
MES ARTS & COMMERCE
COLLEGE, MUDALGI,
TQ: GOKAK, DIST: BELAGAVI

10. SRI V R DEVARADDI,
AGE: 47 YEARS,
OCC: ASSOCIATE PROFESSOR
IN EDUCATION,
MES ARTS & COMMERCE
COLLEGE, MUDALGI,
TQ: GOKAK, DIST: BELAGAVI

11. SRI G SIDDARAM REDDY,
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR
: 137 :

IN STATISTICS,
MES ARTS & COMMERCE
COLLEGE, MUDALGI,
TQ: GOKAK, DIST: BELAGAVI.

12. SRI B C PATIL,
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR
IN GEOGRAPHY,
MES ARTS & COMMERCE
COLLEGE, MUDALGI,
TQ: GOKAK, DIST: BELAGAVI. ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
RPTD.BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU

2. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF EDUCATION
RPTD.BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU

3. THE COMMISSIONER
DEPARTMENT OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION
PALACE ROAD, BENGALURU

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
: 138 :

D C COMPOUND,
DHARWAD

6. MUDALGI EDUCATION SOCIETY (MES)
MUDALGI-591312,
TQ: GOKAK, DIST: BELAGAVI
REPRESENTED BY ITS CHAIRMAN

7. THE PRINCIPAL
MES ARTS & COMMERCE COLLEGE,
MUDALGI,
TQ: GOKAK, DIST: BELGAVI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATION INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT,2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-G.

IN WP Nos.101630 - 101639/2015:

BETWEEN:

1. DR. BHARATI V HIREMATH
AGE: 59 YEARS,
OCC: ASSOCIATE PROFESSOR (HINDI),
R/O. NO.127, VIJAYANAGAR,
HUBBALLI-32, DIST: DHARWAD

2. SMT. USHADEVI B KOHALLI
AGE: 58 YEARS,
OCC: ASSOCIATE PROFESSOR
(KANNADA), R/O. I-49, VEERESH SADAN,
SHAMBHAVI COLONY,
GANDHI NAGAR, DHARWAD
: 139 :

3. DR.RAJESHWARI V SALI
AGE: 58 YEARS,
OCC: ASSOCIATE PROFESSOR
(HISTORY),
R/O. SAISHREE, 3481 B/14,
LINGRAJ NAGAR NORTH,
SHIVAGIRI, UNKAL,
TQ: HUBBALLI, DIST: DHARWAD.

4. DR.SADANA G MATHAD
AGE: 57 YEARS,
OCC: ASSOCIATE PROFESSOR
(POLITICAL SCIENCE),
K S JIGALURU ARTS & COMMERCE,
WOMENS COLLEGE, DHARWAD

5. SMT.NIRMALA M HIREGOUDAR
AGE: 55 YEARS,
OCC: ASSOCIATE PROFESSOR (ECONOMICS),
K S JIGALURU ARTS & COMMERCE,
WOMENS COLLEGE, DHARWAD

6. SMT.SHANTA S PATILKULKARNI
AGE: 50 YEARS,
OCC: ASSOCIATE PROFESSOR (ENGLISH),
R/O. HOSAYELLAPUR,
YELGIGAR ONI,
DHARWAD-580001

7. DR.GIRIJA M YABANNAVAR
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR
(ECONOMICS),
R/O. PLOT NO.14, SHRILAXMI,
RANICHENNAMMA NAGAR, DHARWAD

8. SMT.PUSHPA S ABBIGERI
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR
(COMMERCE),
R/O. NAMRATA, HOUSE NO.16,
GYANABA LAYOUT,
2ND MAIN, 5TH CROSS,
: 140 :

NARAYANPUR, DHARWAD

9. SMT.SHOBHA S SAJJAN
AGE: 53 YEARS, OCC: LIBRARIAN,
R/O. NAGA NILAYA, PLOT NO.35,
NEAR HANUMAN TEMPLE,
C B NAGAR, DHARWAD-580007

10. SMT.SHAKUNTALA S BIRADAR
AGE: 50 YEARS,
OCC: PHYSICAL DIRECTOR,
R/O. SHIVACHETAN BUILDING,
3RD MAIN, 4TH CROSS,
SHRINAGAR,
DHARWAD-580007. ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
RPTD.BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU.

2. THE STATE OF KARNATAKA
THE DEPARTMENT OF EDUCATION,
RPTD.BY ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU.

3. THE COMMISSIONER
THE DEPARTMENT OF
COLLEGIATE EDUCATION,
PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION
PALACE ROAD, BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDA,
: 141 :

D C COMPOUND, DHARWAD

6. SHRI HURAKADLI AJJA SIKSHANA
SAMITHI
LINGAYAT TOWN HALL, DHARWAD,
RPTD.BY ITS SECRETARY,

7. THE PRINCIPAL
S H A S SAMITHIS
SMT.K S JIGALUR ARTS &
DR.(SMT) SM SHESHAGIRI
COMMERCE COLLEGE
FOR WOMEN, NEAR R N SHETTY
STADIUM, DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATION INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT,2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-H.

IN WP No.101620 - 101629/2015:

BETWEEN:

1. SRI R V HIREMATH,
AGE: 45 YEARS, OCC: SDA,
SRI RAMBHAPURI JAGADGURU
VEERAGANGADHAR
ARTS & COMMERCE COLLEGE, SHIGGAON,
TQ: SHIGGAON, DIST: HAVERI

2. SRI U S GUNDAGATTI
AGE: 46 YEARS, OCC: CCT,
--- REST DO ---
: 142 :

3. SHRI H N KANKANWAD
AGE: 58 YEARS, OCC: PEON,
--- REST DO ---

4. MISS S P ALAGAWADI
AGE: 48 YEARS, OCC: TYPIST,
--- REST DO ---

5. SRI B M GUNJAL
AGE: 48 YEARS,
OCC: LIBRARY ASSISTANT,
--- REST DO ---

6. SRI S F RAMAPURMATH (RAMAPUR)
AGE: 48 YEARS, OCC: PEON,
--- REST DO ---

7. SRI N F BANKAPUR
AGE: 42 YEARS, OCC: ATTENDER,
--- REST DO ---

8. SRI N R KALE
AGE: 55 YEARS, OCC: PEON,
--- REST DO ---

9. SRI C J ONTIGODIMATH
AGE: 45 YEARS, OCC: ATTENDER,
--- REST DO ---

10. SRI C M YALLIGAR
AGE: 50 YEARS, OCC: FDA,
--- REST DO --- ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
RPTD.BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU.
: 143 :

2. THE STATE OF KARNATAKA
THE DEPARTMENT OF EDUCATION,
RPTD.BY ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU.

3. THE COMMISSIONER
THE DEPARTMENT OF
COLLEGIATE EDUCATION,
PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF
COLLEGIATE EDUCATION
PALACE ROAD, BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDA,
D C COMPOUND, DHARWAD

6. SHREE JAGADGURU RENUKACHARYA
SHIKSHANA
PRATHISTHANA BALEHONNUR,
SRI RAMBHAPURI JAGADGURU
VEERAGANGADHAR, ARTS &
COMMERCE COLLEGE,
SHIGGAON, TQ: SHIGGAON,
DIST: HAVERI, RPTD.BY ITS ADMINISTRATOR

7. THE PRINCIPAL
SRI RAMBHAPURI JAGADGURU
VEERAGANGADHAR, ARTS &
COMMERCE COLLEGE,
SHIGGAON, TQ: SHIGGAON,
DIST: HAVERI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATION INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
: 144 :

BENEFITS) ACT,2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-F AND ETC.,

IN WP Nos.101233 - 101235/2015:

BETWEEN:

1. SRI GIRISH M KARKI,
AGE: 49 YEARS,
OCC:ASSISTANT PROFESSOR,
MARATHA MANDAL S ARTS,
COMMERCE, SCIENCE & HOME
SCIENCE COLLEGE,
BELAGAVI.

2. SMT.VIJAYLAXMI M TIRLAPUR,
AGE:45 YEARS,
OCC:ASSISTANT PROFESSOR,
MARATHA MANDAL S ARTS,
COMMERCE, SCIENCE &
HOME SCIENCE COLLEGE,
BELAGAVI.

3. SRI RAMACHANDRA M TELI,
AGE:50 YEARS,
OCC:ASSISTANT PROFESSOR,
MARATHA MANDAL S ARTS,
COMMERCE, SCIENCE &
HOME SCIENCE COLLEGE,
BELAGAVI. ... PETITIONERS

(BY SRI. SRINAND A PACHHAPURE, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF LAW
AND PARLIAMENTARY AFFAIRS,
VIDHANA SOUDHA,
: 145 :

BENGALURU-01.

2. THE STATE OF KARNATAKA,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
DEPARTMENT OF EDUCATION,
VIDHANA SOUDHA, BENGALURU-01.

3. THE COMMISSIONER,
DEPARTMENT OF EDUCATION,
BENGALURU-01.

4. THE DIRECTOR,
COLLEGIATE EDUCATION,
GOVERNMENT OF KARNATAKA,
VISHWESHWARIAH CIRCLE,
BENGALURU-01.

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI-VIDHANA SOUDHA,
D.C.COMPOUND, DHARWAD -01.

6. THE PRINCIPAL,
MARATHA MANDAL S ARTS,
COMMERCE, SCIENCE &
HOME SCIENCE COLLEGE,
BELAGAVI.DIST: BELAGAVI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE NEW ACT NO.07 OF KARNATAKA PRIVATE
AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES
(REGULATION OF PAY, PENSION AND OTHER BENEFITS)
ACT,2014 AS UNCONSTITUTIONAL OPPOSE TO PRINCIPLE
EQUAL PAY EQUAL WORK AND VIOLATIVE OF
ARTICLE 14
OF
THE CONSTITUTION OF INDIA AND CONSEQUETNLY TO
QUASH THE GAZETTE NOTIFICATION DATED 12.02.2014
PASSED BY THE 1ST RESPONDENT MARKED AT ANNEXURE-M.
: 146 :

IN WP No.101364/2015:

BETWEEN:

SHRI UMESH,
S/O SHIVAJIRAO ANKUSHKAR (KALAL),
AGE: 51 YEARS,
OCC ASSOCIATE PROFESSOR
(POLITICAL SCIENCE),
GROUP EDUCATION COMMITTEES
G.S.PATIL ARTS AND COMMERCE COLLEGE,
KUNDAGOL, TQ: KUNDGOL,
DIST: DHARWAD. ... PETITIONER

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY
ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU

2. THE STATE OF KARNATAKA
THE DEPARTMENT OF EDUCATION,
RPTD.BY ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU

3. THE COMMISSIONER
DEPARTMENT OF EDUCATION,
PALACE ROAD, BENGALURU

4. THE DIRECTOR OF COLLEGIATE
EDUCATION
PALACE ROAD, BENGALURU

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDA,
D C COMPOUND, DHARWAD
: 147 :

6. THE GROUP EDUCATION COMMITTEE,
KUNDGOL, TQ: KUNDGOL,
DIST: DHARWAD,
RPTD.BY ITS CHAIRMAN

7. THE PRINCIPAL
GROUP EDUCATION COMMITTEE'S
G.S.PATIL ARTS AND
COMMERCE COLLEGE,
KUNDGOL, TQ: KUNDGOL,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO STRUCK
DOWN THE PROVISION OF THE ACT NO.7 OF "KARNATAKA
PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES
(REGULATION OF PAY, PENSION AND OTHER BENEFITS ) ACT,
2014" AND CONSEQUENTLY TO QUASH THE GAZETTE
NOTIFICATION DATED 12.02.2014 PUBLISHED IN KARNATAKA
GAZETTE IN NO.SAMVYASHE 60 SHASANA 2013, BANGALRE
DATED 12-02-2014, IN PART IV (A) BY THE RESPONDENT NO.1
AS PER ANNEXURE-F AND ETC.,

IN WP Nos.101603 - 101615/2015:

BETWEEN:

1. DR.D A GOBBARGUMPI,
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR
OF POLITICAL SCIENCE,
SRI RAMBHAPURI JAGADGURU
VEERAGANGADHAR,
ARTS & COMMERCE COLLEGE,
SHIGGAON,
TQ: SHIGGAON, DIST: HAVERI

2. SRI P C HIREMATH,
AGE: 54 YEARS,
OCC: ASSOCIATE PROFESSOR OF HISTORY,
: 148 :

--- REST DO ---

3. SRI B M MULAGUND,
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR
OF ECONOMICS,
--- REST DO ---

4. SRI H D DEVIHOSUR,
AGE: 54 YEARS,
OCC: ASSOCIATE PROFESSOR
OF SOCIOLOGY,
--- REST DO ---

5. SRI B Y TONDIHAL,
AGE: 48 YEARS,
OCC: ASSOCIATE PROFESSOR OF HINDI,
--- REST DO ---

6. SRI C H TAVARGUNDI,
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR
OF COMMERCE,
--- REST DO ---

7. SRI V B KYATAPPANAVAR,
AGE: 57 YEARS,
OCC: ASSOCIATE PROFESSOR
OF COMMERCE,
--- REST DO ---

8. SMT.R S HOGARTHI,
AGE: 50 YEARS,
OCC: ASSOCIATE PROFESSOR
OF GEOGRAPHY,
--- REST DO ---

9. DR.B.S.NAREGAL,
AGE: 56 YEARS,
OCC: ASSOCIATE PROFESSOR
OF ECONOMICS,
--- REST DO ---
: 149 :

10. DR.V.C.KATTEPPANAVAR,
AGE: 49 YEARS,
OCC: ASSOCIATE PROFESSOR
OF KANNADA,
--- REST DO ---

11. SRI A C HIREMATH,
AGE: 58 YEARS,
OCC: LIBRARIAN,
--- REST DO ---

12. SRI S S MALLADAD,
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR
OF COMMERCE,
--- REST DO ---

13. DR.S.V.HUDDAR (GOBBARGUMPI)
AGE: 50 YEARS,
OCC: ASSOCIATE PROFESSOR
OF KANNADA, --- REST DO --- ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
RPTD.BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU.

2. THE STATE OF KARNATAKA
THE DEPARTMENT OF EDUCATION,
RPTD.BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

3. THE COMMISSIONER
THE DEPARTMENT OF
COLLEGIATE EDUCATION,
PALACE ROAD, BENGALURU.
: 150 :

4. THE DIRECTOR OF COLLEGIATE
EDUCATION, PALACE ROAD,
BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDA,
D C COMPOUND, DHARWAD

6. SHREE JAGADGURU RENUKACHARYA
SHIKSHANA
PRATHISTHANA ® BALEHONNUR,
SRI RAMBHAPURI JAGADGURU
VEERAGANGADHAR, ARTS &
COMMERCE COLLEGE,
SHIGGAON, TQ: SHIGGAON,
DIST: HAVERI,
RPTD.BY ITS ADMINISTRATOR

7. THE PRINCIPAL
SRI RAMBHAPURI JAGADGURU
VEERAGANGADHAR,
ARTS & COMMERCE COLLEGE,
SHIGGAON, TQ: SHIGGAON,
DIST: HAVERI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI,AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226

& 227
OF THE CONSTITUTION OF INDIA PRAYING TO STRUCK
DOWN THE PROVISION OF THE ACT NO.7 OF "KARNATAKA
PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES
(REGULATION OF PAY, PENSION AND OTHER BENEFITS ) ACT,
2014" AND CONSEQUENTLY TO QUASH THE GAZETTE
NOTIFICATION DATED 12.02.2014 PUBLISHED IN KARNATAKA
GAZETTE IN NO.SAMVYASHE 60 SHASANA 2013, BANGALORE
DATED 12-02-2014, IN PART IV (A) BY THE RESPONDENT NO.1
AS PER ANNEXURE-H AND ETC.,
: 151 :

IN WP No.101530/2015:

BETWEEN:

SRI PRAKASH
S/O JIVANNA CHOUGALE,
AGE: 50 YEARS, OCC: SDA,
K L E SOCIETYS S S M S COLLEGE,
ATHANI, TQ: ATHANI,
DIST: BELAGAVI. ... PETITIONER

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
RPTD.BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

2. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF EDUCATION,
RPTD.BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

3. THE COMMISSIONER
DEPARTMENT OF EDUCATION,
PALACE ROAD,
BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION
PALACE ROAD, BENGLAURU.

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION ,
MINI VIDHANA SOUDA,
D C COMPOUND, DHARWAD
: 152 :

6. THE KARNATAKA LINGAYATH
EDUCATION SOCIETY
(KLE-SOCIETY) COLLEGE ROAD,
BELAGAVI
RPTD.BY ITS SECRETARY

7. THE PRINCIPAL
KLE-SOCIETYS S S M S COLLEGE,
ATHANI.

8. THE PRINCIPAL
K.L.E.SOCIETYS WOMENS ARTS
& COMMERCE
FIRST GRADE COLLEGE, GADAG,
DIST: GADAG. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO STRUCK
DOWN THE PROVISION OF THE ACT NO.7 OF "KARNATAKA
PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES
(REGULATION OF PAY, PENSION AND OTHER BENEFITS ) ACT,
2014" AND CONSEQUENTLY TO QUASH THE GAZETTE
NOTIFICATION DATED 12.02.2014 PUBLISHED IN KARNATAKA
GAZETTE IN NO.SAMVYASHE 60 SHASANA 2013, BANGALRE
DATED 12-02-2014, IN PART IV (A) BY THE RESPONDENT NO.1
AS PER ANNEXURE-D.

IN WP No.101399/2015:

BETWEEN:

SRI SHANKARAGOUDA
S/O HANAMANTHAGOUDA
SANKANAGOUDAR, AGE: 48 YEARS,
OCC: ASSOCIATE PROFESSOR
(MATHEMATICS),
SRI S B MAMADAPUR (S S B M )
ARTS, COMMERCE &
SCIENCE COLLEGE,
BADAMI, TQ: BADAMI,
: 153 :

DIST: BAGALKOT. ... PETITIONER

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
RPTD.BY ITS PRINCIPAL SECRETARY
VIDHANA SOUDHA, BENGALURU.

2. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF EDUCATION
RPTD.BY ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU.

3. THE COMMISSIONER
DEPARTMENT OF COLLEGIATE
EDUCATION, PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDA,
D C COMPOUND, DHARWAD

6. SRI VEERAPULAKESHI VIDYAVARDHAKA,
SAMSHTHE, BADAMI
TQ: BADAMI, DIST: BAGALKOT,
RPTD.BY ITS SECRETARY

7. THE PRINCIPAL
SRI S B MAMADAPUR (SSBM) ARTS,
COMMERCE & SCIENCE
COLLEGE, BADAMI,
TQ: BADAMI, DIST: BAGALKOT. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI.RAVI V.HOSAMANI, AGA FOR R1-R5)
: 154 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO STRUCK
DOWN THE PROVISION OF THE ACT NO.7 OF "KARNATAKA
PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES
(REGULATION OF PAY, PENSION AND OTHER BENEFITS ) ACT,
2014" AND CONSEQUENTLY TO QUASH THE GAZETTE
NOTIFICATION DATED 12.02.2014 PUBLISHED IN KARNATAKA
GAZETTE IN NO.SAMVYASHE 60 SHASANA 2013, BANGALRE
DATED 12-02-2014, IN PART IV (A) BY THE RESPONDENT NO.1
AS PER ANNEXURE-D.

IN WP Nos.101618 - 101619/2015:

BETWEEN:

1. SRI SHIVALING
S/O SHIVASHANKAR ALAND
AGE: 47 YEARS,
OCC: ASSISTANT PROFESSOR
(CHEMISTRY),
SRI S B MAMADAPUR (S S B M)
ARTS, COMMERCE & SCIENCE
COLLEGE), BADAMI,
TQ: BADAMI, DIST: BAGALKOT

2. SRI SHIVAKUMAR
S/O SATYAGOUD IRAGOUD
AGE: 44 YEARS,
OCC: ASSISTANT PROFESSOR
(ZOOLOGY),
--- REST DO --- ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
RPTD.BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU
: 155 :

2. THE STATE OF KARNATAKA
THE DEPARTMENT OF EDUCATION,
RPTD.BY ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU.

3. THE COMMISSIONER
THE DEPARTMENT OF
COLLEGIATE EDUCATION,
PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION
PALACE ROAD,
BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDA,
D C COMPOUND, DHARWAD

6. VEERAPULKESHI VIDYAVARDHAKA
SAMSHTHE, BADAMI,
TQ: BADAMI, DIST: BAGALKOT,
RPTD.BY ITS SECRETARY

7. THE PRINCIPAL
SRI S B MAMADAPUR (S S B M)
ARTS, COMMERCE &
SCIENCE COLLEGE,
BADAMI, TQ: BADAMI,
DIST: BAGALKOT. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5 )

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISION OF THE ACT NO.7 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT, 2014" AND CONSEQUENTLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE IN NO.SAMVYASHE 60 SHASANA 2013,
: 156 :

BANGALORE DATED 12-02-2014, IN PART IV (A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-F.

IN WP No.108977/2014:

BETWEEN:

SRI VISHWANATH G HIREMATH,
AGED ABOUT: 42 YEARS,
OCC: SELECTION GRADE LECTURER
SGES RURAL POLYTECHNIC TARIHAL
HUBBALLI-580 026,
DIST: DHARWAD. ... PETITIONER

(BY SMT.SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY, LAW &
PARLIAMENTARY AFFAIRS DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU-560001.

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT,
M S BUILDING,
BENGALURU-560001.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA,
PALACE ROAD,
BENGALURU-560001.

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC,
TARIHAL, HUBBALI-26,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)
: 157 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION AT ANNEXURE-H PUBLISHED IN KARNATAKA
GAZETTE DATED 12.02.2014 ISSUED BY RESPONDENT NO.1
AND ANNEXURE-J CIRCULAR PASSED BY THE RESPONDENT
NO.3 DTD.05.09.2014 AND DIRECT THE RESPONDENTS TO
TREAT THE PRIVATE EDUCATION EMPLOYEES ON PAR WITH
GOVT. EMPLOYEES AND PROVIDING SERVICE BENEFITS TO
THEM.

IN WP No.108948/2014:

BETWEEN:

SRI WILSON J HOMBAL
AGED ABOUT: 48 YEARS,
OCC: SELECTION GRADE LECTURER,
SGES RURAL POLYTECHNIC TARIHAL,
HUBBALLI-580026, DIST: DHARWAD. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY,
LAW & PARLIAMENTARY
AFFAIRS DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU-560001.

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT,
M S BUILDING,
BENGALURU-560001

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA,
PALACE ROAD,
BENGALURU-560001.
: 158 :

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC,
TARIHAL, HUBBALLI-26,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
ANNEXURE-H, PUBLISHED IN KARNATAKA GAZETTE,
DT.12.02.2014 IN NUMBER SAMVYASHA E 60 SHASANA 2013
BANGALORE AND BEARING NO. DTE 4 GRT(2) 2014 ANNEXURE-
J PASSED BY THE RESPONDENT NO.3 DT. 05.09.2014 AND
DIRECT THE RESPONDENTS TO TREAT THE PRIVATE
EDUCATION EMPLOYEES ON PAR WITH GOVT. EMPLOYEES
AND PROVIDING SERVICE BENEFITS TO THEM.

IN WP NO. 108949/2014:

BETWEEN:

SRI VIJAYENDRA V CHAVATE
AGED ABOUT: 46 YEARS,
OCC: SELECTION GRADE LECTURER,
SGES RURAL POLYTECHNIC TARIHAL,
HUBBALLI-580026,
DIST: DHARWAD. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY,
LAW & PARLIAMENTARY
AFFAIRS DEPARTMENT,
VIDHANA SOUDHA, BENGALURU-560001.

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT,
M S BUILDING,
: 159 :

BENGALURU-560001.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA,
PALACE ROAD,
BENGALURU-560001.

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC,
TARIHAL,
HUBBALLI-26,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3 )

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE, DT. 12.02.2014 IN NUMBER SAMVYASHA E 60
SHASANA 2013 BANGALORE ISSUED BY RESPONDENT NO.1
AND ANNEXURE-J, CIRCULAR BEARING NO. DTE 4 GRT (2)
2014 PASSED BY THE RESPONDENT NO.3 DT. 05.09.2014 AND
DIRECT THE RESPONDENTS TO TREAT THE PRIVATE
EDUCATION EMPLOYEES ON PAR WITH GOVT. EMPLOYEES
AND PROVIDING SERVICE BENEFITS TO THEM.

IN WP No.108950/2014:

BETWEEN:

SRI RAMESH Y BASANAGOUDAR
AGED ABOUT: 49 YEARS,
OCC: SELECTION GRADE LECTURER,
SGES RURAL POLYTECHNIC TARIHAL,
HUBBALLI-580026, DIST: DHARWAD. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY,
: 160 :

LAW & PARLIAMENTARY
AFFAIRS DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU-560001.

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT,
M S BUILDING,
BENGALURU-560001.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA,
PALACE ROAD, BENGALURU-560001.

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC,
TARIHAL, HUBBALLI-26,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3 )

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ANNEXURE-H NOTIFICATION PUBLISHED IN KARNATAKA
GAZETTE BY RESPONDENT NO.1 DTD.12.02.2014 AND
ANNEXURE-J CIRCULAR ISSUED BY THE RESPONDENT NO.3
DTD.05.09.2014 AND DIRECT THE RESPONDENTS TO TREAT
THE PRIVATE EDUCATION EMPLOYEES ON PAR WITH GOVT.
EMPLOYEES AND PROVIDING SERVICE BENEFITS TO THEM.

IN WP No.108951/2014:

BETWEEN:

SRI SURESH S TALWAR
AGED ABOUT: 43 YEARS,
OCC: SELECTION GRADE LECTURER,
SGES RURAL POLYTECHNIC TARIHAL,
HUBBALLI-580026, DIST: DHARWAD. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADVOCATE)
: 161 :

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY,
LAW & PARLIAMENTARY AFFAIRS
DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU-560001.

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT,
M S BUILDING,
BENGALURU-560001.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA,
PALACE ROAD,
BENGALURU-560001.

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC,
TARIHAL, HUBBALLI-26,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE, DT. 12.02.2014 IN NUMBER SAMVYASHA E 60
SHASANA 2013 BANGALORE ISSUED BY RESPONDENT NO.1
AND ANNEXURE-J, CIRCULAR BEARING NO. DTE 4 GRT (2)
2014 PASSED BY THE RESPONDENT NO.3 DT. 05.09.2014 AND
DIRECT THE RESPONDENTS TO TREAT THE PRIVATE
EDUCATION EMPLOYEES ON PAR WITH GOVT. EMPLOYEES
AND PROVIDING SERVICE BENEFITS TO THEM.
: 162 :

IN WP NO. 102092/2015:

BETWEEN:

SRI NINGANAGOUDA
S/O KALLANAGOUDA CHANNAPPAGOUDAR
AGE: 59 YEARS,
OCC: PHYSICAL DIRECTOR,
GOOD NEWS WELFARE SOCIETYS ARTS &
COMMERCE COLLEGE,
KALGHATGI,
DIST: DHARWAD. ... PETITIONER

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

2. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF EDUCATION,
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

3. THE COMMISSIONER
DEPARTMENT OF EDUCATION,
PALACE ROAD,
BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION, PALACE ROAD,
BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
: 163 :

MINI VIDHANA SOUDA,
D C COMPOUND DHARWAD.

6. THE GOOD NEWS WELFARE SOCIETY
KALGHATGI, DIST: DHARWAD
RPTD.BY ITS CHAIRMAN

7. THE PRINCIPAL
GOOD NEWS WELFARE SOCIETYS ARTS
& COMMERCE COLLEGE,
KALGHATGI,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5 )

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO STRUCK
DOWN THE PROVISIONS OF THE ACT NO.07 OF "KARNATAKA
PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES
(REGULATION OF PAY, PENSION AND OTHER BENEFITS)
ACT,2014" AND CONSEQUETNLY TO QUASH THE GAZETTE
NOTIFICATION DATED 12.02.2014 PUBLISHED IN KARNATAKA
GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-D.

IN WP Nos.102093/2015 & 102095 - 104 OF 2015:

BETWEEN:

1. DR. PREMANAND
S/O TIRAKAPPA LAKKANNANAVAR
AGE: 59 YEARS,
OCC: ASSOCIATE PROFESSOR
OF KANNADA,
BYADAGI EDUCATION SOCIETYS
MERCHANTS, ARTS & COMMERCE COLLEGE,
BYADAGI, DIST: HAVERI

2. SRI SHIVANAGOUDA
S/O KALAVEERGOUDA PATIL
AGE: 55 YEARS,
OCC: ASSOCIATE PROFESSOR
: 164 :

OF ECONOMICS,
---- REST DO ----

3. SRI KALLANAGOUDA
S/O GANGADHARAPPA KHANDIBAGUR
AGE: 54 YEARS,
OCC: ASSOCIATE PROFESSOR
OF COMMERCE,
--- REST DO -----

4. SRI SIDDALINGASWAMY
S/O VEERBHADRAIAH UJJAINIMATH
AGE: 54 YEARS,
OCC: ASSOCIATE PROFESSOR
OF ECONOMICS,
--- REST DO -----

5. SMT.CHANNAMMA KORISHETTAR
AGE: 54 YEARS,
OCC: ASSOCIATE PROFESSOR
OF KANNADA,
--- REST DO -----

6. SRI MALAKANNA
S/O GURULINGAPPA NANDARGI
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR
OF COMMERCE,
--- REST DO -----

7. SRI PARAMESHAPPA
S/O MAHADEVAPPA RAMAGIRI
AGE: 54 YEARS,
OCC: ASSOCIATE PROFESSOR
OF POLITICAL SCIENCE,
--- REST DO -----

8. SRI C SHIVANANDAPPA
S/O VEERABASAPPA
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR
OF KANNADA,
--- REST DO -----
: 165 :

9. SRI KOTRESH
S/O MURIGEPPA KATAGIHALLI
AGE: 51 YEARS,
OCC: ASSOCIATE PROFESSOR
OF COMMERCE,
--- REST DO -----

10. SRI SHIVANAND
S/O LINGANAGOUDA TEMBAD
AGE: 57 YEARS,
OCC: ASSOCIATE PHYSICAL DIRECTOR,
--- REST DO -----

11. SRI CHANABASAPPA
S/O CHINNAPPA KOTAGI
AGE: 56 YEARS,
OCC: ASSOCIATE LIBRARIAN,
--- REST DO ----- ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS PRINCIPAL
SECRETARY, VIDHANA SOUDHA,
BENGALURU

2. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF EDUCATION,
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU

3. THE COMMISSIONER
DEPARTMENT OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
: 166 :

EDUCATION,
PALACE ROAD, BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDA,
D C COMPOUND DHARWAD.

6. BYADAGI EDUCATION SOCIETY (BES)
BYADAGI-581106, DIST: HAVERI,
REPRESENTED BY ITS PRESIDENT

7. THE PRINCIPAL
BESM ARTS & COMMERCE COLLEGE,
BYADAGI-581106, DIST: HAVERI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5 )

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT, 2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-E.

IN WP Nos.102094/2015 & 102105/2015:

BETWEEN:

1. SRI RENUKARADHYA
S/O SOMANATH GURUMATH
AGE: 57 YEARS,
OCC: ASSOCIATE PROFESSOR
IN CHEMISTRY,
SHRI NAVALGUND TALUK
SHIKSHANA SAMITI'S,
SRI SHANKAR ARTS, SCIENCE &
COMMERCE COLLEGE,
NAVALGUND, TQ: NAVALGUND,
: 167 :

DIST: GADAG

2. SRI BASAVARAJ S KHANDIBAGIL
AGE: 55 YEARS, OCC: PEON,
--- REST DO ----- ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU.

2. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF EDUCATION,
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

3. THE COMMISSIONER
DEPARTMENT OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDA,
D C COMPOUND DHARWAD.

6. NAVALGUND TALUKA SHIKSHANA SAMITI
NAVALGUND, TQ: NAVALGUND,
DIST: GADAG,
RPTD.BY ITS SECRETARY
: 168 :

7. THE PRINCIPAL
SRI SSHANKAR ARTS, SCIENCE &
COMMERCE COLLEGE,
NAVALGUND,
TQ: NAVALGUND, DIST: GADAG. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT, 2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-C.

IN WP Nos.102106 - 102110/2015:

BETWEEN:

1. SRI V S KAMANNAVAR,
AGE: 57 YEARS,
OCC: SECOND DIVISION
ASSISTANT (SDA)
K R BELLAD ARTS & COMMERCE
COLLEGE, MUNDARGI,
TQ: MUNDARAGI, DIST: GADAG.

2. SRI I S PURAD,
AGE: 58 YEARS,
OCC: SECOND DIVISION ASSISTANT (SDA)
--- REST DO ---

3. SHRI M A BEVINAMARAD
AGE: 55 YEARS, OCC: ATTENDER
--- REST DO ---

4. SHRI G G GAVIMATH
AGE: 54 YEARS, OCC: ATTENDER
--- REST DO ---
: 169 :

5. SHRI H M JOGIN
AGE: 59 YEARS, OCC: ATTENDER
--- REST DO --- ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

2. THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF EDUCATION,
M.S.BUILDING, BENGALURU.

3. THE COMMISSIONER
DEPARTMENT OF EDUCATION,
NRUPATUNGA ROAD,
BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
GOVERNMENT OF KARNATAKA,
VISHWESHWARAIAH TOWER,
BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDA,
D C COMPOUND DHARWAD.

6. SRI JAGADGURU ANNADANEESHWARA
VIDYA SAMITI (SJAV),
MUNDARAGI,
TQ: MUNDARAGI, DIST: GADAG.
REPRESENTED BY ITS SECRETARY.
: 170 :

7. THE PRINCIPAL, K.R. BELLAD ARTS &
COMMERCE COLLEGE,
MUNDARGI, TQ: MUNDARAGI,
DIST: GADAG. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5 )

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT, 2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-D.

IN WP Nos.109081- 109098/2014:

BETWEEN:

1. SRI R VIRUPAKSHAPPA
S/O RUDRAGOWDA
AGE: 56 YEARS, OCC: LECTURER

2. SRI B SHARANBASAVA
S/O. BETTAPPA
AGE: 47 YEARS, OCC: LECTURER

3. SRI P BASAVARAJ
S/O RAMALINGAPPA
AGE: 46 YEARS, OCC: LECTURER

4. SRI DADI SATISH BABU
S/O. D RAMARAO
AGE: 45 YEARS, OCC: LECTURER

5. SRI B K GANAPATHI
S/O. K LAKSHMAPPA
AGE: 46 YEARS, OCC: LECTURER

6. SRI IMMANNI
: 171 :

S/O VISHWANATHAM DIVAKAR RAO
AGE: 49 YEARS, OCC: LECTURER

7. SRI K B UVARAJA
S/O. BASAPPA N
AGE: 42 YEARS, OCC: LECTURER

8. SRI SHEKARAPPA
S/O. HANUMANTHAPPA MEGALAMANI
AGE: 41 YEARS, OCC: LECTURER

9. SRI P RAGHVENDRA
S/O. ERANNA P
AGE: 38 YEARS, OCC: LECTURER

10. SRI J SHREEKANTHA
S/O. RAMAMURTHY JOSHI
AGE: 42 YEARS, OCC: LECTURER

11. SRI SHANTAMURTHY
S/O. RAJASHEKARAV
AGE: 44 YEARS, OCC: LECTURER

12. SRI K MOHAMMED
S/O. K SHEIK MOHAMMED GHOUSE
AGE: 58 YEARS, OCC: LECTURER

13. SRI K NAGARAJ
S/O. K M KADEMANI
AGE: 47 YEARS, OCC: LECTURER

14. SRI TALAKAL NAGARAJ
S/O. T SIDDAPPA
AGE: 50 YEARS, OCC: LECTURER

15. SRI K N SRINIVAS RAO
S/O. K NAGESHWAR RAO
AGE: 43 YEARS, OCC: LECTURER

16. SRI A MAHANTESHA
S/O. AMAR NAIK
AGE: 40 YEARS, OCC: LECTURER
: 172 :

17. SRI M S USHADEVI
S/O. M SRIRAM
AGE: 43 YEARS, OCC: LECTURER

18. SRI M GUNDU RAO
S/O. M NARASINGA RAO
AGE: 51 YEARS, OCC: LECTURER

ALL ARE WORKING AS LECTURERS IN
SES POLYTECHNIC COLLEGE
SHIRAGUPPA
DIST: BALLARI. ... PETITIONERS

(BY SRI. LAXMAN T MANTAGANI, ADVOCATE)

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAW &
PARLIAMENTARY AFFAIRS
R/BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

2. DIRECTOR OF COLLEGIATE
EDUCATION
GOVERNMENT OF KARNATAKA
SHASHEDRI ROAD, BENGALUR.

3. THE PRINCIPAL
SES POLYTECHINC COLLEGE
SHIRAGUPPA
DIST: BALLARI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 AND R2)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH ANNEXURE-H PUBLISHED IN KARNATAKA GAZETTE
DATED 12.02.2014 IN NO.SAVYASHA E 60 SHASANA 2013,
BANGALORE IN PART IV(A) AND DIRECT THE FIRST
RESPONDENT TO FOLLOW THE DECISION RENDERED BY THIS
: 173 :

COURT IN WRIT APPEAL NO.848/2008 C/W.450/2007 DATED
03.11.2009 VIDE ANNEXURE-G IN TREATING THE PRIVATE
EDUCATIONAL INSTITUTIONS EMPLOYEES ON PART WITH
GOVERNMENT EMPLOYEES IN PROVIDING SERVICE BENEFITS
TO THEM.

IN WP Nos.109044 - 109080/2014:

BETWEEN:

1. SRI Y M UMASHANKAR
S/O PANCHAKSHAR
AGE: 50 YEARS,OCC: PRINCIPAL

2. SRI S B SWAMY
S/O. BASAPPA
AGE: 48 YEARS,
OCC: LECTURER

3. SRI SURESHBABU
S/O. CHANDRASHEKHAR PATIL
AGE: 53 YEARS, OCC: LECTURER

4. SRI KRISHNA
S/O. PUNDALIKAPPA PUTANI
AGE: 50 YEARS, OCC: LECTURER

5. SMT.LAXMI REDDY HANUMAN REDDY K
AGE: 44 YEARS, OCC: LECTURER

6. SRI PRAKASHAYYA
S/O. SHIVALINGAYYA
AGE: 48 YEARS, OCC: LECTURER

7. SRI SHANKARANAND
S/O. PRABHAKAR
AGE: 45 YEARS, OCC: LECTURER

8. SRI IMAM JAFAR
S/O DAWALSAB
AGE: 45 YEARS, OCC: LECTURER

9. SRI MAHESH KUMAR
: 174 :

S/O. VASANT MADHAV RAO
AGE: 36 YEARS, OCC: LECTURER

10. SRI G CHANDRASHEKAR
S/O. HEMANNA
AGE: 45 YEARS, OCC: LECTURER

11. SRI N SADANANDAPPA
S/O. LAXMAPPA
AGE: 49 YEARS, OCC: LECTURER

12. SMT.REKHA MANIKYAM
AGE: 40 YEARS, OCC: LECTURER

13. SRI T NAJARUDDIN
S/O. TAJUDDIN
AGE: 45 YEARS, OCC: LECTURER

14. SRI T GUDUDAPPA
S/O. NAGALINGAPPA
AGE: 48 YEARS, OCC: LECTURER

15. SRI C S PRAKASH
S/O. CHOUDAPPAGOL
AGE: 43 YEARS, OCC: LECTURER

16. SRI M MAHESH GOUDA
S/O. HIRE AYYAN GOUDA
AGE: 43 YEARS, OCC: LECTURER

17. SRI D VENKATESH
S/O. CHANNAPPA
AGE: 47 YEARS, OCC: LECTURER

18. SRI GAVISIDDAPPA
S/O. B M HANUMANAL
AGE: 36 YEARS, OCC: LECTURER

19. SRI PUNDALIK M
S/O. ARJUNAPPA
AGE: 38 YEARS, OCC: LECTURER

20. SRI L B RAMESH
: 175 :

S/O. L BHOJYANAYAK
AGE: 38 YEARS, OCC: LECTURER

21. SRI K P MALLIKARJUN
S/O. MALLAPPA
AGE: 42 YEARS, OCC: LECTURER

22. SRI DHANANJAY G H
S/O. HUCCHAYYA
AGE: 38 YEARS, OCC: LECTURER

23. SRI TAJUDDIN T
S/O. ABDUL RAHIM T
AGE: 46 YEARS, OCC: LECTURER

24. SRI D KRISHNAMURTHY
S/O. BASAPPA
AGE: 48 YEARS, OCC: LECTURER

25. SRI SHRINIVAS S S
S/O. DURGAPPA
AGE: 37 YEARS, OCC: LECTURER

26. SRI M C MANJUNATH
S/O. HANUMANTAPPA
AGE: 36 YEARS, OCC: LECTURER

27. SRI YALLAPPA
S/O. SHIVAPPA BALEKAI
AGE: 47 YEARS, OCC: LECTURER

28. SRI SUBHAS
S/O. PANDAPPA KATTI
AGE: 48 YEARS, OCC: LECTURER

29. SRI E H RAJESH
S/O. HUSENAPPA
AGE: 35 YEARS, OCC: LECTURER

30. SRI M UMAPATI
S/O. MUKADI KENCH HANUMAPPA
AGE: 39 YEARS, OCC: LECTURER
: 176 :

31. SRI LINGAPPA
S/O. IRANNA B
AGE: 42 YEARS, OCC: LECTURER

32. SRI K MANJANGOUDA
S/O. DYAMAN GOUDA
AGE: 38 YEARS, OCC: LECTURER

33. SRI CHANDRASHEKAR
S/O. ESHAPPA SUNKAD
AGE: 37 YEARS, OCC: LECTURER

34. SRI LAXMAN
S/O. MANOHER KUNTE
AGE: 38 YEARS, OCC: LECTURER

35. SRI T ANAND
S/O. GURUNATHAPPA T
AGE: 52 YEARS, OCC: LECTURER

36. SRI T SATHYANARAYAN RAO
S/O. KRISHNAMURTHY RAO T
AGE: 50 YEARS, OCC: LECTURER

37. SMT.JYOTS GURURAJ MIRARJI
AGE: 47 YEARS, OCC: LECTURER

ALL ARE LECTURERS WORKING AT
T M A E S POLYTECHNIC COLLEGE
HOSPETE, DIST: BALLARI. ... PETITIONERS

(BY SRI. LAXMAN T MANTAGANI, ADVOCATE)

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAW &
PARLIAMENTARY AFFAIRS
R/BY ITS SECRETARY
VIDHAN SOUDHA, BENGALURU.
: 177 :

2. DIRECTOR OF TECHNICAL EDUCATION
PALACE ROAD, BENGALURU.

3. THE PRINCIPAL
T M A E S POLYTECHNIC (AIDED)
HOSPETE. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 & R2 )

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH ANNEXURE-H PUBLISHED IN KARNATAKA GAZETTE
DATED 12.02.2014 IN NO.SAMVYASHA E 60 SHASANA 2013
BANGALORE IN PART IV-A AND DIRECT THE FIRST
RESPONDENT TO FOLLOW THE DECISION RENDERED BY THIS
COURT IN WRIT APPEAL NO.848/2008 C/W.450/2007 DATED
03.11.2009 VIDE ANNEXURE-G IN TREATING THE PRIVATE
EDUCATIONAL INSTITUTIONS EMPLOYEES ON PAR WITH
GOVERNMENT EMPLOYEES IN PROVIDING SERVICE BENEFITS
TO THEM.

IN WP No.108982/2014:

BETWEEN:

SRI PRABHAKAR A, AGE: 54 YEARS,
OCC: SELECTION GRADE LECTURER
SGES RURAL POLYTECHNIC, TARIHAL,
HUBBALLI, DIST: DHARWAD.
...PETITIONER
(BY SMT.SHARMILA M PATIL, ADVOCATE)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY
LAW & PARLIAMENTARY
AFFAIRS DEPARTMENT,
VIDHANA SOUDHA, BENGALURU.

2. STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY
: 178 :

HIGHER EDUCATION DEPARTMENT
M S BUILDING, BENGLAURU.

3. DIRECTOR OF TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA
PALACE ROAD, BENGALURU.

4. THE PRINCIPAL
SGES, RURAL POLYTECHNIC,
TARIHAL, HUBBALLI,
DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE, DT. 12.02.2014 IN NUMBER SAMVYASHA E 60
SHASANA 2013 BANGALORE ISSUED BY RESPONDENT NO.1
AND ANNEXURE-J, CIRCULAR BEARING NO. DTE 4 GRT (2)
2014 PASSED BY THE RESPONDENT NO.3 DT. 05.09.2014 AND
DIRECT THE RESPONDENTS TO TREAT THE PRIVATE
EDUCATION EMPLOYEES ON PAR WITH GOVT. EMPLOYEES
AND PROVIDING SERVICE BENEFITS TO THEM.

IN WP Nos.109432-109434/2014 & 109435-437/2014:

BETWEEN:

1. SRI VENKANAGOUDA
S/O BHIMANAGOUDA JEEVANAGOUDAR
AGE: 52 YEARS, OCC: LECTURER

2. SMT.LEELAVATI
D/O. HEMARADDI KALWAD
AGE: 53 YEARS, OCC: LECTURER

3. SRI NEELAKANT
S/O. SIDDALINGAPPA BOMMANNI
AGE: 45 YEARS, OCC: LECTURER

4. SRI TULAJARAMSINGH
: 179 :

S/O. GOPALSINGH KATEWAL
AGE: 50 YEARS, OCC: LECTURER

5. SRI AJIT
S/O. KHANDERAO MAHADIK
AGE: 52 YEARS, OCC: LECTURER

6. SRI P GURUSIDDAPPA
S/O. P GANGAPPA
AGE: 52 YEARS, OCC: LECTURER

R/O. RURAL POLYTECHNIC
COLLEGE HULKOTI,
TQ & DIST: GADAG. ... PETITIONERS

(BY SRI. H N GULARADDI, ADVOCATE)

AND:

1. STATE OF KARNATAKA
MINISTRY OF LAW &
PARLIAMENTARY AFFAIRS,
R/BY ITS SECRETARY,
VIDHAN SOUDHA, BENGALURU

2. DIRECTOR OF TECHNICAL EDUCATION
PALACE ROAD, BENGALURU.

3. THE PRINCIPAL
RURAL POLYTECHNIC COLLEGE,
HULKOTI, TQ &DIST: GADAG. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1 AND R2)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH ANNEXURE-G PUBLISHED IN KARNATAKA GAZETTE
DATED 12.02.2014 CONSEQENTLY ANNEXURE-H PASSED BY
THE 2ND RESPONDENT DATED 05.09.2014 AND DIRECT THE
RESPONDNETS TO TREAT THE PRIVATE EDUATIONAL
INSTITUTIONS EMPLOYEES ON PAR WITH GOVERNMENT
EMPLOYEES IN PROVIDING SERVICE BENEFTS TO THEM.
: 180 :

IN WP Nos.102118 - 102119/2015:

BETWEEN:

1. SRI VISHWANATH
S/O SHIVARUDRA PATTANSHETTI,
AGE: 53 YEARS,
OCC: FIRST DIVISION ASSISTAND (FDA),
S S N ARTS & COMMERCE COLLEGE,
HUKKERI, TQ: HUKKERI,
DIST: BELAGAVI.

2. SHRI SHIVANAND
S/O SIDRAMAYYA SHIVAMOGGIMATH,
AGE: 52 YEARS,
--- REST DO --- ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU

2. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF EDUCATION,
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU

3. THE COMMISSIONER,
DEPARTMENT OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU
: 181 :

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDAH,
D C COMPOUND DHARWAD.

6. C S TUBACHI EDUCATION SOCIETY
OLD NAME: NEW ENGLISH SCHOOL
SOCIETY, HUKKERI,
TQ: HUKKERI, DIST: BELAGAVI.
REP.BY ITS PRESIDENT.

7. THE PRINCIPAL
S S N ARTS & COMMERCE COLLEGE,
HUKKERI, TQ: HUKKERI,
DIST: BELAGAVI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5 )

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT,2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-D.

IN WP Nos.101221-101222/2015:

BETWEEN:

1. DR. KALASI NARASHIMHAIAH
NARAHARI,
AGE:54 YEARS,
OCC:ASSOCIATE PROFESSOR,
R/O:H.NO. 6,
VEERANARAYAN FLAT
NARAYANPUR, DHARWAD.

2. SRI GADIGEYYA,
S/O SOMASHEKARAYYA
: 182 :

PRABHAYYANAVARMATH,
AGE:51 YEARS,
OCC:ASSOCIATE PROFESSOR,
R/O H.NO.58/2,
HUTTIMALLESHWAR NILAYA,
MALAPRABHA NAGAR,
CHIKKAMALLIGWAD ROAD,
DHARWAD. ... PETITIONERS

(BY SRI. SHIVASAI M PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS PRINCIPAL
SECRETARY, VIDHANA SOUDHA,
BENGALURU.

2. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF EDUCATION
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU.

3. THE COMMISSIONER,
DEPARTMENT OF EDUCATION
BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
GOVERNMENT OF KARNATAKA,
VISHWESHWARIAH CIRCLE,
BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D.C.COMPOUND, DHARWAD.

6. THE CHAIRMAN,
K.N.V.V.SS ARTS & COMMERCE
COLLEGE, KITTUR-591 115,
: 183 :

DIST: BELAGAVI.

7. THE PRINCIPAL, K.N.V.V.SS ARTS
& COMMERCE COLLEGE,
KITTUR-591 115, DIST: BELAGAVI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH ANNEXURE-M PUBLISHED IN KARNATAKA GAZETTE
DATED 12.02.2014 IN PART IV(A), ISSUED BY THE
RESPONDENT NO.1 AND ETC.,

IN WP No.101714/2015

BETWEEN:

SHRI GURUSIDDAPPA
S/O SIDDALINGAPPA KATAGERI
AGE: 58 YEARS, OCC: ATTENDER,
SHREE MRITYUNJAYA COLLEGE OF
ARTS & COMMERCE, DHARWAD. ... PETITIONER

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
RPTD.BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU.

2. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF EDUCATION
RPTD.BY ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU.

3. THE COMMISSIONER
TO THE DEPARTMENT OF
COLLEGIATE EDUCATION,
: 184 :

PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION
PALACE ROAD, BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD

6. THE KARNATAKA LINGAYAT
EDUCATION SOCIETY
COLLEGE ROAD, BELAGAVI
RPTD.BY ITS SECRETARY

7. THE PRINCIPAL
SHREE MRITYUNJAYA COLLEGE
OF ARTS & COMMERCE,
DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO STRUCK
DOWN THE PROVISIONS OF THE ACT NO.07 OF "KARNATAKA
PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES
(REGULATION OF PAY, PENSION AND OTHER BENEFITS)
ACT,2014" AND CONSEQUETNLY TO QUASH THE GAZETTE
NOTIFICATION DATED 12.02.2014 PUBLISHED IN KARNATAKA
GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-D.

IN WP Nos.101958-101961/2015:

BETWEEN:

1. DR.MAYA S GAONKAR
AGE: 57 YEARS,
OCC: ASSOCIATE PROFESSOR IN COMMERCE,
SHRI SHIVAJI EDUCATION SOCIETYS
MAHASATEE ARTS, SCIENCE &
: 185 :

COMMERCE COLLEGE,
ULGA, KARWAR, UTTARA KANNADA.

2. DR.RAMESH
S/O RAMACHANDRA VANAHALLI
AGE: 57 YEARS,
OCC: ASSOCIATE PROFESSOR IN ZOOLOGY,
--- REST DO ---

3. DR.CHANDRASHEKHAR
S/O SHINAPPA NAIK
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR
IN CHEMISTRY,
--- REST DO ---

4. SRI GANAPATHI
S/O VISHRAM NAIK
AGE: 56 YEARS,
OCC: LAB ATTENDER,
--- REST DO --- ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
RPTD.BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU

2. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF EDUCATION
RPTD.BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

3. THE COMMISSIONER
TO THE DEPARTMENT OF
COLLEGIATE EDUCATION,
PALACE ROAD, BENGALURU
: 186 :

4. THE DIRECTOR OF COLLEGIATE
EDUCATION
PALACE ROAD, BENGALURU

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD.

6. SHRI SHIVAJI EDUCATION SOCIETY.
ULGA, KARWAR,
DIST UTTARA KANNADA,
RPTD.BY ITS SECRETARY

7. THE PRINCIPAL
SHRI SHIVAJI EDUCATION SOCIETY
MAHASATEE ARTS,
SCIENCE & COMMERCE COLLEGE,
ULGA, KARWAR,
DIST: UTTARA KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT,2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-G.

IN WP Nos.101699-101713/2015:

BETWEEN:

1. DR.S M NAGABHUSHANA
AGE: 57 YEARS,
OCC: ASSOCIATE PROFESSOR
IN HISTORY,
MAHALAXMI ARTS & COMMERCE,
: 187 :

I GRADE COLLEGE, DHARWAD.

2. DR.K S SHANTHAIAH
AGE: 61 YEARS,
OCC: ASSOCIATE PROFESSOR
IN ECONOMICS,
--- REST DO ---

3. MRS.A B SHIRIYANNAVAR
AGE: 54 YEARS,
OCC: ASSOCIATE PROFESSOR
IN ENGLISH,
--- REST DO ---

4. DR.PUSHPA BASANAGOUDAR
AGE: 46 YEARS,
OCC: ASSOCIATE PROFESSOR
IN KANNADA,
--- REST DO ---

5. SMT.GIRIJA C KADDIPUDI,
AGE: 44 YEARS,
OCC: ASSOCIATE PROFESSOR
IN SOCIOLOGY,
--- REST DO ---

6. SMT.B G RAKAREDDY,
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR
IN POLITICAL SCIENCE,
--- REST DO ---

7. MRS.CHHAYA K HUBLI,
AGE: 47 YEARS,
OCC: ASSOCIATE PROFESSOR
IN ENGLISH, -- REST DO ---

8. DR.Y S BARIGIDAD,
AGE: 54 YEARS,
OCC: ASSOCIATE PROFESSOR
IN COMMERCE,
--- REST DO ---
: 188 :

9. SMT.SHOBHA C KOTI,
AGE: 48 YEARS,
OCC: ASSOCIATE PROFESSOR
IN STATISTICS,
--- REST DO ---

10. DR PANCHAKSHARI S H
AGE: 49 YEARS,
OCC: ASSOCIATE PROFESSOR
IN ECONOMICS,
--- REST DO ---

11. DR.CHANDRASHEKAR M KADKOL
AGE: 55 YEARS,
OCC: ASSOCIATE PROFESSOR,
--- REST DO ---

12. SHRI RAJSHEKARAPPA M
S/O M MAHALINGAPPA
AGE: 49 YEARS,
OCC: ASSOCIATE PROFESSOR
IN SOCIOLOGY,
--- REST DO ---

13. SHRI S S TADAHAL,
AGE: 48 YEARS,
OCC: ASSOCIATE PROFESSOR
IN EDUCATION, --- REST DO ---

14. SMT.VIJAYALAXMI K MATH
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR IN
BAJSS ARTS & COMMERCE
COLLEGE FOR WOMEN,
RANEBENNUR, DIST: HAVERI

15. PROF.L ESHWARAPPA
AGE: 48 YEARS,
OCC: ASSOCIATE PROFESSOR
IN SOCIOLOGY, --- REST DO --- ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)
: 189 :

AND:

1. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
RPTD.BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU.

2. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF EDUCATION
RPTD.BY ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU.

3. THE COMMISSIONER
TO THE DEPARTMENT OF
COLLEGIATE EDUCATION,
PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION, PALACE ROAD,
BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD

6. SHREE JAGADGURU MURAGARAJENDRA
VIDYAPEETHA SHREE BRAHANMATA,
CHITRADURGA-577502,
RPTD.BY ITS SECRETARY

7. THE PRINCIPAL
SJMV MAHALAXMI ARTS &
COMMERCE, I GRADE COLLEGE, DHARWAD

8. THE PRINCIPAL
SJMV BAJSS ARTS & COMMERCE,
COLLEGE FOR WOMEN,
RANEBENNUR, DIST: HAVERI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)
: 190 :

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT,2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV (A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-J.

IN WP Nos.102111-102115/2015:

BETWEEN:

1. SRI R V PUJERI
AGE: 49 YEARS,
OCC: ASSOCIATE PROFESSOR
IN PHYSICS,
S M BHANDARI ARTS,
R R BHANDARI COMMERCE
& S K RATHI SCIENCE COLLEGE,
GULEDAGUDDA,
TQ: BADAMI, DIST: BAGALKOT

2. SRI N A UPADHYE
AGE: 48 YEARS,
OCC: ASSOCIATE PROFESSOR
IN PHYSICS,
--- REST DO ---

3. SRI N Y BADANNAVAR
AGE: 58 YEARS,
OCC: ASSOCIATE PROFESSOR
IN CHEMISTRY,
--- REST DO ---

4. DR.R S WALI
AGE: 55 YEARS,
OCC: ASSOCIATE PROFESSOR
IN MATHEMATICS,
--- REST DO ---
: 191 :

5. DR. K R CHOUKIMATH
AGE: 55 YEARS,
OCC: ASSOCIATE PROFESSOR
IN PHYSICS,
--- REST DO --- ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU.

2. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF EDUCATION,
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

3. THE COMMISSIONER
DEPARTMENT OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDAH,
D C COMPOUND DHARWAD.

6. PROGRESSIVE EDUCATION TRUST
GULEDAGUDDA,
TQ: BADAMI, DIST: BAGALKOT,
REPRESENTED BY ITS CHAIRMAN.
: 192 :

7. THE PRINCIPAL
S M BHANDARI ARTS,
R R BHANDARI COMMERCE
& S K RATHI SCIENCE COLLEGE,
GULEDAGUDDA, TQ: BADAMI,
DIST: BAGALKOT. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT, 2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-F.

IN WP Nos.101947-101957/2015:

BETWEEN:

1. SRI MALINGARAY VAGGE
S/O CHINNAPPA
AGE: 56 YEARS,
OCC: ASSOCIATE PROFESSOR
IN COMMERCE,
KSS ARTS, COMMERCE &
SCIENCE COLLEGE,
GADAG, DIST: GADAG.

2. SRI NAGESH MUNDARAGI
S/O HANAMANTAPPA
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR
IN COMMERCE,
--- REST DO ---

3. SRI TIPPANNA GODI
S/O NIMBANNA, AGE: 51 YEARS,
OCC: ASSOCIATE PROFESSOR
: 193 :

IN COMMERCE
--- REST DO ---

4. SHRI SHANTAPPA SOLAPUR
S/O ADAPPA
AGE: 56 YEARS,
OCC: ASSOCIATE PROFESSOR
IN COMMERCE
--- REST DO ---.

5. SRI MAILAREPPA KAMANAHALLI
S/O NAGAPPA
AGE: 56 YEARS,
--- REST DO ---

6. SRI BASAPPA TALALLI
S/O GUDDAPPA
AGE: 51 YEARS,
OCC: ASSOCIATE PROFESSOR
IN GEOGRAPHY,
--- REST DO ---

7. SRI DURADUNDI GAVANI
S/O BABU
AGE: 51 YEARS,
OCC: ASSOCIATE PROFESSOR
IN ENGLISH,
--- REST DO ---

8. SHRI NEELAPPA AMBIYAVAR
S/O MAILAREPPA
AGE: 53 YEARS,
OCC: ASSOCIATE PROFESSOR
IN KANNADA,
--- REST DO ---

9. SRI SHARANAPPA GAVARAWAD
S/O BASAPPA
AGE: 54 YEARS,
OCC: ASSOCIATE PROFESSOR
IN EDUCATION,
--- REST DO ---
: 194 :

10. SRI GURULINGAPPA JAMPANNAVAR
AGE: 50 YEARS,
OCC: ASSOCIATE PROFESSOR
IN EDUCATION,
--- REST DO ---

11. SRI AYUBKHAN PATHAN
S/O GOUSAKHAN
AGE: 56 YEARS,
OCC: ASSOCIATE PROFESSOR
IN HINDI,
--- REST DO --- ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OFKARNATAKA
TO THE DEPARTMENT OF LAW
& PARLIMENTARY AFFAIRS,
R/BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU.

2. THE STATE OFKARNATAKA
TO THE DEPARTMENT OF EDUCATION,
R/BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

3. THE COMMISSIONER
DEPARTMENT OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION
PALACE ROAD, BENGALURU

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND,
: 195 :

DHARWAD

6. KANAKADAS SHIKSHANA SAMITHI (KSS),
GADAG, R/BY ITS SECRETARY

7. THE PRINCIPAL
KSS ARTS, COMMERCE &
SCIENCE COLLEGE, GADAG. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT, 2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-F.

IN WP Nos.101962-101964/2015

BETWEEN:

1. SRI CHANNAPPA
S/O YALLAPPA,
AGE: 56 YEARS, OCC: FDA,
KSS ARTS, COMMERCE &
SCIENCE COLLEGE, GADAG.

2. SRI BASAPPA CHALANNAVAR
S/O YALLAPPA, AGE: 56 YEARS,
OCC: OFFICE SUPERINTENDENT,
--- REST DO ---

3. SRI BHEEMAPPA MAYAMMANAVAR
S/O MALLAPPA, AGE: 55 YEARS,
OCC: ATTENDER,
--- REST DO --- ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)
: 196 :

AND:

1. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU.

2. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF EDUCATION,
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

3. THE COMMISSIONER
DEPARTMENT OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDA,
D C COMPOUND DHARWAD.

6. KANAKADAS SHIKSHANA
SAMITHI (KSS)
GADAG,
REPRESENTED BY ITS SECRETARY

7. THE PRINCIPAL
KSS ARTS, COMMERCE &
SCIENCE COLLEGE,
GADAG. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)
: 197 :

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT,2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-D.

IN WP Nos.102283-102286/2015:

BETWEEN:

1. DR.B C HADLI, AGE: 50 YEARS,
OCC: ASSOCIATE PROFESSOR
OF KANNADA,
JSS STC ARTS & COMMERCE COLLEGE,
BANAHATTI, TQ: JAMAKHANDI,
DIST: BAGALKOT

2. DR. M.P TANAPPAGOL,
AGE: 57 YEARS,
OCC: ASSOCIATE PROFESSOR
OF ECONOMICS,
--- REST DO ---

3. DR. S B MATOLI,
AGE: 58 YEARS,
OCC: ASSOCIATE PROFESSOR
OF KANNADA,
--- REST DO ---

4. SHRI Y D BAGI AGE: 59 YEARS,
OCC: ASSOCIATE PROFESSOR
OF ENGLISH,
--- REST DO --- ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)
: 198 :

AND:

1. THE STATE OF KARNATAKA,
TO THE DEPARTAMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BANGALURU.

2. THE STATE OF KARANATAK
TO THE DEPARTMENT OF EDUCATION
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU

3. THE COMMISSIONER
DEPARTMENT OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION
PALACE ROAD, BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD.

6. JANATA SHIKSHANA SAMSTHE (JSS)
BANAHATTI,
TQ: JAMKHANDI, DIST: BAGALKOT,
REPRESENTED BY ITS CHAIRMAN.

7. THE PRINCIPAL
JSS STC ARTS & COMMERCE
COLLEGE, BANAHATTI,
TQ: JAMKHANDI, DIST: BAGALKOT. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
: 199 :

STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT, 2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-D.

IN WP Nos.102287-102291/2015
& 102356-359/2015:

BETWEEN:

1. SRI D B MUTNAL,
AGE:55 YEARS,
OCC:FIRST DIVISION ASSISTANT (FDA),
MES ARTS & COMMERCE COLLEGE,
MUDALGI, TQ: GOKAK,
DIST: BELAGAVI.

2. SHRI D CHANDRANNA,
AGE:57 YEARS,
OCC:SECOND DIVISION
ASSISTANT (SDA),
--- REST DO ---

3. SRI K K KAMBLE,
AGE:58 YEARS,
OCC:SECOND DIVISION
ASSISTANT (SDA),
--- REST DO ---

4. SRI B M BARAGALI,
AGE:46 YEARS,
OCC:LIBRARY ASSISTANT,
--- REST DO ---

5. SRI M S LAMANI,
AGE:50 YEARS,
OCC:LIBRARY ATTENDER,
--- REST DO ---
: 200 :

6. SRI D D HOSAMANI,
AGE:55 YEARS, OCC:PEON,
--- REST DO ---

7. SRI A S GASTI,
AGE: 49 YEARS, OCC:PEON,
--- REST DO ---

8. SRI K K KHANAPGOL,
AGE:46 YEARS, OCC:PEON,
--- REST DO ---

9. SRI P H BUDNI,
AGE:45 YEARS, OCC:PEON,
--- REST DO --- ... PETITIONERS

(BY SRI. A S PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU.

2. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF EDUCATION
REPRESENTED BY ITS SECRETARY
VIDHANA SOUDHA, BENGALURU.

3. THE COMMISSIONER,
DEPARTMENT OF COLLEGIATE
EDUCATION, PALACE ROAD,
BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.
: 201 :

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD.

6. MUDALGI EDUCATION SOCIETY (MES),
MUDALGI-591312,
TQ: GOKAK, DIST: BELAGAVI.
REPRESENTED BY ITS CHARIMAN.

7. THE PRINCIPAL,
MES ARTS & COMMERCE COLLEGE,
MUDALGI,
TQ: GOKAK, DIST: BELAGAVI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT,2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-D.

WP No.102076/2015

BETWEEN:

SMT.UMA M WADEYAR,
AGE: 57 YEARS,
OCC: ASSOCIATE PROFESSOR
IN ENGLISH,
K L E SOCIETYS G I BAGEWADI
COLLEGE,
NIPPANI, TQ: NIPPANI,
DIST: BELAGAVI. ... PETITIONER

(BY SRI. A S PATIL, ADVOCATE)
: 202 :

AND:

1. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
RPTD.BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU

2. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF
EDUCATION,
RPTD.BY ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU

3. THE COMMISSIONER
DEPARTMENT OF COLLEGIATE
EDUCATION, PALACE ROAD, BENGALURU

4. THE DIRECTOR OF COLLEGIATE
EDUCATION, PALACE ROAD, BENGALURU

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDA,
D C COMPOUND, DHARWAD

6. THE PRINCIPAL
S B ARTS & K C P SCIENCE COLLEGE,
VIJAYAPUR, DIST: VIJAYAPUR

7. KARNATAKA LINGAYAT EDUCATION
SOCIETY (KLE)
COLLEGE ROAD, BELAGAVI,
RPTD.BY ITS SECRETARY

8. THE PRINCIPAL
KLE SOCIETYS G I
BAGEWADI COLLEGE,
NIPPANI, TQ: NIPPANI,
DIST: BELAGAVI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)
: 203 :

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO STRUCK
DOWN THE PROVISIONS OF THE ACT NO.07 OF "KARNATAKA
PRIVATE AIDED EDUCATION INSTITUTIONS EMPLOYEES
(REGULATION OF PAY, PENSION AND OTHER BENEFITS)
ACT,2014" AND CONSEQUETNLY TO QUASH THE GAZETTE
NOTIFICATION DATED 12.02.2014 PUBLISHED IN KARNATAKA
GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-F.

IN WP Nos.102173-193/2015:

BETWEEN:

1. SRI MANJUNATESHWAR
S/O GANAPATI GOLIKATTE,
AGE: 54 YEARS,
WORKING AS PRINCIPAL,
BGVS ARTS AND COMMERCE
COLLEGE, KARWAR,
DISTRICT: KARWAR,
R/O: MAHAMAYA TEMPLE ROAD,
SADASHIVAGAD,
KARWAR, DIST: KARWAR.

2. SRI SRIKRISHNA
S/O ARJUN SHINDE
AGE: 52 YEARS,
ASSOCIATE PROFESSOR,
BGVS ARTS AND COMMERCE COLLEGE,
KARWAR, DISTRICT: KARWAR.
R/O NEAR KSHETRAPAL TEMPLE,
SADASHIVGAD, KARWAR,
DISTRICT:KARWAR.

3. SRI PRAKASH
S/O VISHNU RANE
AGE: 49 YEARS,
ASSOCIATE PROFESSOR,
BGVS ARTS AND COMMERCE COLLEGE,
KARWAR, DISTRICT: KARWAR,
R/O: MELEKON, NANDANGADDA,
: 204 :

KARWAR, DIST: KARWAR.

4. SRI SUBHASH
S/O BABAJI NAIK
AGE: 48 YEARS,
ASSOCIATE PROFESSOR,
BGVS ARTS AND COMMERCE
COLLEGE, KARWAR,
DISTRICT: KARWAR,
R/O: TOLL NAKA, NANDANGADDA,
KARWAR, DIST: KARWAR.

5. DR. HEMANTH
S/O HERAMBA BHAT
AGE: 50 YEARS,
ASSOCIATE PROFESSOR,
BGVS ARTS AND COMMERCE COLLEGE,
KARWAR, DISTRICT: KARWAR,
R/O: RAIKAR PLAZAA,
HABBUWADA,
KARWAR, DIST: KARWAR.

6. SRI DEEPAK
S/O PARVATO NAIK
AGE: 48 YEARS,
ASSOCIATE PROFESSOR,
BGVS ARTS AND COMMERCE COLLEGE,
KARWAR, DISTRICT: KARWAR,
R/O: BAILWADA, SADASHIVGAD,
KARWAR, DIST: KARWAR.

7. SRI SHRIDHAR
S/O BOMMAYYA NAIK
AGE: 53 YEARS,
ASSOCIATE PROFESSOR,
BGVS ARTS AND COMMERCE COLLEGE,
KARWAR, DISTRICT: KARWAR,
R/O: NEAR SHIVAJI P.U. COLLEGE,
SADASIHVGAD,
KARWAR, DIST: KARWAR.

8. SMT.MANGALA
: 205 :

W/O LAXMAN NAIK
AGE: 51 YEARS,
ASSOCIATE PROFESSOR,
BGVS ARTS AND COMMERCE
COLLEGE, KARWAR,
DISTRICT: KARWAR,
R/O: NEAR NAVANEETANJALI HALL,
SADASHIVGAD, DIST: KARWAR.

9. DR. (SMT) SUMANGALA
W/O DATTARAM NAYAK
AGE: 51 YEARS,
ASSOCIATE PROFESSOR,
BGVS ARTS AND COMMERCE COLLEGE,
KARWAR, DISTRICT: KARWAR,
R/O: BETNAIKWADA,
SADASHIVGAD,
KARWAR, DIST: UTTARA KANNADA.

10. SHRI PRAKASH DATTATRAYA
MALADKAR
AGE: 50 YEARS,
R/O: PHYSICAL DIRECTOR,
SELECTION GRADE,
BGVS ARTS AND COMMERCE
COLLEGE, KARWAR,
DISTRICT: KARWAR,
R/O: C/O D.S. PHAL, WAGHWADA,
SADASHIVGAD, DIST: KARWAR.

11. SRI SUBHASH VINAYAK SHET
AGE: 50 YEARS,
R/O: LIBRARIAN SELECTION GRADE,
BGVS ARTS AND COMMERCE COLLEGE,
KARWAR, DISTRICT: KARWAR,
R/O: GOSAVIWADA,
SADASHIVGAD,
KARWAR, DIST: UTTAR KANNADA.

12. SRI SITARAM KRISHNA KADAM
AGE: 52 YEARS,
R/O: FIRST DIVISION ASSISTANT,
BGVS ARTS AND COMMERCE COLLEGE,
: 206 :

KARWAR, DISTRICT: KARWAR,
R/O: GOSAVIWADA,
SADASHIVGAD,
DIST: UTTAR KANNADA.

13. SRI MARUTI KRISHNA SAIL
AGE: 56 YEARS,
R/O: SECOND DIVISION ASSISTANT,
BGVS ARTS AND COMMERCE
COLLEGE,
KARWAR, DISTRICT: KARWAR,
R/O: SAILWADA, MAJALI,
DIST: UTTAR KANNADA.

14. SRI SATISH MAHABALESHWAR NAIK
AGE: 54 YEARS,
R/O: CLERK CUM TYPIST,
BGVS ARTS AND COMMERCE
COLLEGE,
KARWAR, DISTRICT: KARWAR,
R/O: KATINKON, SUNKERI, KARWAR,
DIST: UTTAR KANNADA.

15. SRI PRASAD MAHADEV JUVEKAR
AGE: 41 YEARS,
R/O: SECOND DIVISION ASSISTANT
BGVS ARTS AND COMMERCE COLLEGE,
KARWAR, DISTRICT: KARWAR,
R/O: DEVABAG, SADASHIVGAD,
KARWAR, DIST: UTTAR KANNADA.

16. SRI UDAYKUMAR MURARI NAIK
AGE: 52 YEARS,
R/O: WORKING AS ATTENDER
BGVS ARTS AND COMMERCE COLLEGE,
KARWAR, DISTRICT: KARWAR,
R/O: BETNAIKWADA, SADASHIVGAD,
KARWAR, DIST: UTTAR KANNADA.

17. SRI SANJAY GANAPATI NAIK
AGE: 48 YEARS,
R/O: WORKING AS PEON,
BGVS ARTS AND COMMERCE COLLEGE,
: 207 :

KARWAR, DISTRICT: KARWAR,
R/O: RAJIKANBAG,
SADASHIVGAD,
KARWAR, DIST: UTTAR KANNADA.

18. SRI GOPINATH
S/O MADHUKAR PADAWALKAR
AGE: 49 YEARS,
R/O: WORKING AS PEON,
BGVS ARTS AND COMMERCE COLLEGE,
KARWAR, DISTRICT: KARWAR,
R/O: KANASAGIRI,
SADASHIVGAD,
KARWAR, DIST: UTTAR KANNADA.

19. SRI SHIVANAND GOVIND PHAL
AGE: 46 YEARS,
R/O: WORKING AS PEON,
BGVS ARTS AND COMMERCE COLLEGE,
KARWAR, DISTRICT: KARWAR,
R/O: PHALWAD, KANASAGIRI,
SADASHIVGAD, KARWAR,
DIST: UTTAR KANNADA.

20. SRI SADANAND MAHABALESHWAR NAIK
AGE: 53 YEARS,
R/O: WORKING AS PEON,
BGVS ARTS AND COMMERCE COLLEGE,
KARWAR, DISTRICT: KARWAR,
R/O: BETNAIKAWADA,
SADASHIVGAD,
KARWAR, DIST: UTTAR KANNADA.

21. SRI RAMESH MAHADEV GURAV
AGE: 48 YEARS,
R/O: WORKING AS PEON,
BGVS ARTS AND COMMERCE COLLEGE,
KARWAR, DISTRICT: KARWAR,
R/O: HANUMATTA, ANKOLA,
DIST: UTTAR KANNADA. ... PETITIONERS

(BY SRI. J S SHETTY, ADVOCATE)
: 208 :

AND:

1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT AND LAW AND
LEGAL AFFAIRS,
M.S. BUILDING, BANGALORE.

2. THE SECRETARY
DEPARTMENT OF EDUCATION,
(HIGHER EDUCATION)
M.S. BUILDING, BANGALORE.

3. THE JOINT DIRECTOR OF
COLLEGIATE EDUCATION,
DEPARTMENT OF COLLEGIATE
EDUCATION, DHARWAD-560001

4. DIRECTOR OF COLLEGIATE
EDUCATION,
NRUPATUNGA ROAD,
BANGALORE.

5. BAPUJI GRAMEENA VIKASA SAMITI
ARTS AND SCIENCE COLLEGE,
SADASHIVAGADA,
KARWAR,
DIST: UTTARA KANNADA,
REPRESENTED BY ITS
SECRETARY.

6. BAPUJI GRAMEENA VIKASA
SAMITI ARTS
SADASHIVAGADA, KARWAR,
DIST: UTTARA KANNADA,
REPRESENTED BY ITS
PRESIDENT. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R4)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
: 209 :

DECLARE THAT THE KARNATAKA AIDED PRIVATE
EDUCATIONAL INSTITUTION'S EMPLOYEES (WAGES, PENSION
AND OTHER FACILITIES CONTROL) ACT,2014, AS PUBLISHED
IN KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A), THE
COPY OF WHICH HAS BEEN PRODUCED HEREWITH AT
ANNEXURE-A, IS UNCONSTITUTIONAL.

IN WP No.101675/2015:

BETWEEN:

SRI SHANKRAYYA
S/O SIDDAYYA SUTAGATTI
AGE: 45 YEARS,
OCC: CLERK CUM TYPIST,
GOOD NEWS WELFARE SOCIETYS
ARTS & COMMERCE,
FIRST GRADE COLLEGE,
KALAGHATAGI, TQ: KALGHATGI,
DIST: DHARWAD. ... PETITIONER

(BY SRI. MALLIKARJUN S HIREMATH, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
REP.ITS PRINCIPAL SECRETARY,
DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
VIDHANSOUDHA,
BENGALURU-560001.

2. THE STATE OF KARNATAKA
REP.ITS PRINCIPAL SECRETARY,
DEPARTMENT OF EDUCATION,
VIDHANSOUDHA,
BENGALURU-560001

3. THE COMMISSIONER
DEPARTMENT OF EDUCATION,
BENGALURU-560001.
: 210 :

4. THE DIRECTOR
COLLEGIATE EDUCATION,
GOVERNMENT OF KARNATAKA,
VISHWESHWARIAH CIRCLE,
BANGALORE-560001.

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDA,
D C COMPOUND,
DHARWAD-580001.

6. GOOD NEWS WELFARE SOCIETY,
KALAGHATAGI,
DIST: DHARWAD,
REP.BY ITS THE ADMINISTRATOR/
SECRETARY, DHARWAD

7. THE PRINCIPAL
GOOD NEWS WELFAFRE SOCIETY,
ARTS & COMMERCE,
1ST GRADE COLLEGE,
KALAGHATAGI, DIST: DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO STRUCK
DOWN THE NEW ACT NO.07 OF KARNATAKA PRIVATE AIDED
EDUCATIONAL INSTITUTIONS EMPLOYEES (REGULATION OF
PAY, PENSION AND OTHER BENEFITS) ACT,2014 AS
UNCONSTITUTIONAL OPPOSE TO PRINCIPLE EQUAL PAY EQUAL
WORK AND VIOLATIVE OF
ARTICLE 14
OF THE CONSTITUTION
OF INDIA AND CONSEQUETNLY TO QUASH THE GAZETTE
NOTIFICATION DATED 12.02.2014 (ANNEXURE-L) PASSED BY
THE 1ST RESPONDENT AND ETC.,

IN WP No.109514/2014:

BETWEEN:

SRI MOHAN
: 211 :

S/O. CHANDAPPA HULLANNAVAR
AGE: 52 YEARS,
OCC: ASSOCIATE PROFESSOR
OF POLITICAL SICENCE
SRI KALMESHWAR VIDYAPRASARAK
SAMITHIS ARTS, SCIENCE &
COMMERCE COLLEGE,
HOLEALUR, TQ: RON
DIST: GADAG. ... PETITIONER

(BY SRI A S PATIL, ADV.)

AND:

1. STATE OF KARNATAKA
TO THE DEPARTMENT OF
LAW AND PARLIAMENTARY AFFAIRS
R/BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BANGALORE

2. THE STATE OF KARNATAKA
DEPARTMENT OF EDUCATION
R/BY ITS SECRETARY
VIDHAN SOUDHA, BANGALORE

3. THE COMMISSIONER,
DEPARTMENT OF EDUCATION,
SHESHADRI ROAD, BANGALORE

4. THE DIRECTOR OF COLLEGIATE
EDUCATION
GOVT OF KARNATAKA
VISHWESHWARIAN CIRCLE,
BANGALORE.

5. THE REGIONAL JOINT DIRECTOR
COLLEGIATE EDUCATION
MINI VIDHAN SOUDHA,
D C COMPOUND, DHARWAD

6. KALMESHWARA VIDYAPRASARAK
SAMITHI,
: 212 :

HOLEALUR, TQ: RON, DIST: GADAG
R/BY ITS CHAIRMAN

7. THE PRINCIPAL
SRI KALMESHWARA VIDYAPRASARAK
SAMITHIS, ARTS, SCIENCE &
COMMERCE COLLEGE,
HOLEALUR, TQ: RON,
DIST: GADAG. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5 )

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEXURE-G NOTIFICATION PUBLISHED IN KARNATAKA
GAZETTE DATED 12.02.2014 IN PART IV(A) BY RESPONDENT
NO.1 AND ETC.,

IN WP No.109276 OF 2014

BETWEEN:

SRI SURYAKANT,
S/O. NARAYAN HEGDE, AGE: 48 YRS.,
OCC: SELECTION GRADE LECTURER,
SRI VIDYADIRAJ POLYTECHNIC KUMTA
DIST: UTTAR KANNADA. ... PETITIONER

(BY SMT. SHARMILA M PATIL, ADV.)

AND:

1. STATE OF KARNATAKA
R/BY ITS SECRETARY
LAW AND PARLIAMENTARY AFFAIRS
DEPARTMENT, VIDHANA SOUDHA,
BANGALORE

2. STATE OF KARNATAKA
R/BY ITS UNDER SECRETARY
EDUCATION DEPARTMENT
(TECHNICAL EDUCATION),
: 213 :

M S BUILDING,
BANGALORE.

3. DIRECTOR OF TECHNICAL
EDUCATION
GOVT OF KARNATAKA
PALACE ROAD, BANGALORE

4. THE PRINCIPAL
SRI VIDYADIRAJ POLYTECHNIC,
KUMTA
DIST: UTTAR KANNADA. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTIFICATION AT ANNEXURE-H, PUBLISHED IN KARNATAKA
GAZETTE, DATED 12.02.2014 IN NUMBER SAMVYASHA E 60
SHASANA 2013 BANGALORE ISSUED BY RESPONDENT NO.1
AND ANNEXURE-J CIRCULAR BEARING NO. DTE 4 GRT (2)2014
ISSUED BY THE RESPONDENT NO.3 DATED 05.09.2014 AND
DIRECT RESPONDENTS TO TREAT THE PRIVATE EDUCATION
EMPLOYEES ON PAR WITH GOVT. EMPLOYEES AND PROVIDING
SERVICE BENEFITS TO THEM AND ETC.,

IN WP Nos.101356-358/2015:

BETWEEN:

1. SMT.SHAKUNTALA SHINDUR
D/O CHANNAPPA,
AGE:54 YEARS,
OCC:ASSOCIATE PROFESSOR
(KANNADA),
K.L.E.SOCIETY S, J.T.COLLEGE,
GADAG-582 101

2. SMT.ASHA W/O DODALINGAPPA
NIDAVANI,
AGE:51 YEARS,
OCC:ASSOCIATE PROFESSOR
: 214 :

(ECONOMICS),
K.L.E.SOCIETY S, J.T.COLLEGE,
GADAG-582 101.

3. SMT.A V HIREMATH
D/O V G HIREMATH,
AGE:49 YEARS,
OCC:ASSOCIATE PROFESSOR
(SOCIOLOGY),
K.L.E.SOCIETY S, J.T.COLLEGE,
GADAG-582 101. ... PETITIONERS

(BY SRI A S PATIL, ADV.)

AND:

1. THE STATE OF KARNATAKA,
THE DEPARTMENT OF LAW &
PARLIMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BANGALORE.

2. THE STATE OF KARNATAKA,
THE DEPARTMENT OF EDUCATION,
REPRESENTED BY
ITS SECRETARY,
VIDHANA SOUDHA,
BANGALORE.

3. THE COMMISSIONER,
THE DEPARTMENT OF EDUCATION,
PALACE ROAD, BANGALORE.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
PALACE ROAD, BANGALORE.

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD.
: 215 :

6. THE KARNATAKA LIBERAL
EDUCATION SOCIETY,
(KLE-SOCIETY) COLLEGE ROAD,
BELGAUM, REPRESENTED BY
ITS SECRETARY.

7. THE PRINCIPAL,
K.L.E. SOCIETY S,
J.T.COLLEGE, GADAG,
TQ & DIST: GADAG.

8. THE PRINCIPAL,
K.L.E. SOCIETY S,
WOMEN S ARTS & COMMERCE
FIRST GRADE COLLEGE, GADAG,
TQ & DIST: GADAG. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT,2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-E.

IN WP No.102400/2015:

BETWEEN:

DR.VIDYAVATI RAJENDRA MALIMATH,
AGE:59 YEARS,
OCC: ASSOCIATE PROFESSOR
IN POLITICAL SCIENCE,
MARATHA MANDAL'S ARTS &
COMMERCE COLLEGE, KHANAPUR,
TQ: KHANAPUR, DIST: BELAGAVI. ... PETITIONER

(BY SRI A S PATIL, ADV.)
: 216 :

AND:

1. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

2. THE STATE OF KARNATAKA,
DEPARTMENT OF EDUCATION,
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU.

3. THE COMMISSIONER,
DEPARTMENT OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD.

6. THE MANAGING COMMITTEE,
MARATHA MANDAL, BELAGAVI,
DIST: BELAGAVI,
REPRESENTED BY ITS PRESIDENT.

7. THE PRINCIPAL,
MARATHA MANDAL'S ARTS,
COMMERCE, SCIENCE &
HOME SCIENCE COLLEGE,
BELAGAVI, DIST: BELAGAVI.

8. THE PRINCIPAL,
MARATHA MANDAL'S ARTS &
COMMERCE COLLEGE,
: 217 :

KHANAPUR, TQ: KHANAPUR,
DIST: BELAGAVI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI,AGA FOR R1-R5 )

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO STRUCK
DOWN THE PROVISIONS OF THE ACT NO.07 OF "KARNATAKA
PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES
(REGULATION OF PAY, PENSION AND OTHER BENEFITS) ACT,
2014" AND CONSEQUETNLY TO QUASH THE GAZETTE
NOTIFICATION DATED 12.02.2014 PUBLISHED IN KARNATAKA
GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-D AND ETC.,

IN WP Nos.102390-394/2015 &
102464-465/2015:

BETWEEN:

1. SRI B G MURNAL,
AGE: 52 YEARS,
OCC: TYPIST,
MAHALAXMI ARTS & COMMERCE
COLLEGE, FIRST GRADE COLLEGE,
DHARWAD.

2. SRI A D KADANNAVAR,
AGE:44 YEARS, OCC: S.D.A.,
--- REST DO ---

3. SRI D B SAUNSHI,
AGE:52 YEARS,
OCC:LIBRARY ASST.,
--- REST DO ---

4. SRI S M SHINGI,
AGE:54 YEARS, OCC:PEON,
--- REST DO ---

5. SRI Y C KOTI,
AGE:54 YEARS, OCC:PEON,
: 218 :

--- REST DO ---

6. SRI M B KOTRA SHETTAR,
AGE:47 YEARS, OCC:PEON,
--- REST DO ---

7. SRI R B NIMBALKAR,
AGE:35 YEARS,
OCC:ATTENDER,
--- REST DO --- ... PETITIONERS

(BY SRI A S PATIL, ADV.)

AND:

1. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

2. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF EDUCATION,
REPRESENTED BY
ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

3. THE COMMISSIONER,
DEPARTMENT OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND,
: 219 :

DHARWAD.

6. SHREE JAGADGURU MURAGARAJENDRA,
VIDYAPEETHA, SHREE BRAHANMATA,
CHITRADURGA - 577502,
REPRESENTED BY ITS SECRETARY.

7. THE PRINCIPAL,
SJMV MAHALAXMI ARTS &
COMMERCE
I GRADE COLLEGE, DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5 )

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT,2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-C.

IN WP Nos.102388-389/2015:

BETWEEN:

1. SHRI. M.G. GACHACHANNAVAR ,
AGE:58 YEARS,
OCC: ASSOCIATE PROFESSOR
OF COMMERCE,
K.R.BELLAD ARTS & COMMERCE
COLLEGE, MUNDARGI,
TQ: MUNDARAGI, DIST: GADAG.

2. SRI R L POLICEPATIL,
AGE: 59 YEARS,
OCC: ASSOCIATE PROFESSOR OF KANNADA,
--- REST DO --- ... PETITIONERS

(BY SRI A S PATIL, ADV.)
: 220 :

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

2. THE SECRETARY TO GOVERNEMNT,
DEPARTMENT OF EDUCATION,
M.S.BUILDING, BENGALURU.

3. THE COMMISSIONER,
DEPARTMENT OF EDUCATION,
NRUPATUNGA ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
GOVERNMENT OF KARNATAKA,
VISHWESHWARIAH TOWER,
BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD.

6. SRI JAGADGURU ANNADANEESHWAR,
VIDYA SAMITI (SJAV), MUNDARAGI
TQ: MUNDARAGI, DIST: GADAG.
REPRESENTED BY ITS SECRETARY.

7. THE PRINCIPAL,
K.R.BELLAD ARTS &
COMMERCE COLLEGE,
MUNDARGI, TQ: MUNDARGI,
DIST: GADAG. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)
: 221 :

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT,2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-D.

IN WP No.112087/2014:

BETWEEN:

SRI G A JOSHI
S/O ANANTRAO JOSHI,
AGE: 64 YRS, OCC: F.D.A.(RETD)
JSS SAKRI COLLEGE, HEGGRI,
HUBLI-580024,
R/O. 102, ROTSON APARTMENT
OLD INCOME TAX BUILDING ROAD,
VIDYANAGAR, HUBLI-580021. ... PETITIONERS

(BY SRI PRAVEENKUMAR G KULKARNI, ADV.)

AND:

1. THE STATE OF KARNATAKA,
REP.BY ITS PRINCIPAL SECRETARY
TO GOVTERNMENT EDUCATION
DEPARTMENT,
MULTISTORIED BUILDING,
BENGALURU.

2. THE DIRECTOR OF COLLEGIATE
EDUCATION
COMMISSIONER GOVT. OF KARNATAKA
(TBS SEC)
SHESHADRI ROAD, BENGALURU

3. THE REGIONAL DIRECTOR
OF COLLEGIATE EDUCATION,
OFFICE OF THE COLLEGIATE
: 222 :

EDUCATION DEPT.,
DHARWAD

4. THE ACCOUNTANT GENERAL
IN KARNATAKA
GOVT. OF KARNATAKA
P.B.NO.5369, RESIDENCY PARK ROAD,
BENGALURU.

5. THE PRINCIPAL,
J.S.S.SAKRI LAW COLLEGE
HUBLI, DIST.DHARWAD. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R4)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014, ISSUED BY
RESPONDENT NO.1 ANNEXURE-N AND ETC.,

IN WP No.102399/2015:

BETWEEN:

SHRI. MUKUND
S/O VENKAPPA SHIDAGANAL,
AGE: 59 YEARS,
OCC: ASSOCIATE PROFESSOR
OF POLITICAL SCIENCE,
R T E S ARTS, SCIENCE AND
COMMERCE COLLEGE,
RANEBENNUR, DIST: HAVERI. ... PETITIONER

(BY SRI A S PATIL, ADV.)

AND:

1. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
: 223 :

VIDHANA SOUDHA,
BENGALURU.

2. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF
EDUCATION,
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

3. THE COMMISSIONER,
DEPARTMENT OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD.

6. THE PRINCIPAL,
RANEBENNUR TALUK EDUCATION,
SOCIETY S (RTES) ARTS,
SCIENCE & COMMERCE COLLEGE,
RANEBENNUR, DIST: HAVERI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO STRUCK
DOWN THE PROVISIONS OF THE ACT NO.07 OF "KARNATAKA
PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES
(REGULATION OF PAY, PENSION AND OTHER BENEFITS)
ACT,2014" AND CONSEQUETNLY TO QUASH THE GAZETTE
NOTIFICATION DATED 12.02.2014 PUBLISHED IN KARNATAKA
GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-E.
: 224 :

IN WP Nos.102395-398/2015:

BETWEEN:

1. DR. J K BAGEWADI,
AGE:50 YEARS,
OCC: ASSOCIATE PROFESSOR
IN COMMERCE,
MARATHA MANDAL'S ARTS &
COMMERCE COLLEGE, KHANAPUR,
TQ: KHANAPUR, DIST: BELAGAVI.

2. SRI BASAPPA
S/O MALLAPPA HAMMANNAVAR,
AGE:58 YEARS,
OCC: ASSOCIATE PROFESSOR
IN ECONOMICS,
--- REST DO ---

3. SRI PANDURANG
S/O YALLAPPA NANDAYALKAR,
AGE:57 YEARS,
OCC: ASSOCIATE PROFESSOR
IN ENGLISH,
--- REST DO ----

4. SRI SIDDAPPA
S/O VISHNU PATANGE,
AGE:59 YEARS, OCC: LIBRARIAN,
--- REST DO --- ... PETITIONERS

(BY SRI A S PATIL, ADV.)

AND:

1. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU.
: 225 :

2. TO THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF EDUCATION,
REPRESENTED BY
ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

3. THE COMMISSIONER,
DEPARTMENT OF COLLEGIATE
EDUCATION,
PALACE ROAD,
BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD.

6. THE MANAGING COMMITTEE,
MARATHA MANDAL, BELAGAVI,
DIST: BELAGAVI,
REPRESENTED BY
ITS PRESIDENT.

7. THE PRINCIPAL,
MARATHA MANDAL'S ARTS,
COMMERCE, SCIENCE &
HOME SCIENCE COLLEGE,
BELAGAVI, DIST: BELAGAVI.

8. THE PRINCIPAL,
MARATHA MANDAL S ARTS &
COMMERCE COLLEGE,
KHANAPUR,
TQ: KAHANAPUR,
DIST: BELAGAVI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)
: 226 :

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT, 2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-E AND ETC.,

IN WP Nos.102239-248/2015:

BETWEEN:

1. SMT.SHAMALA BHEEMARAYAPPA DASOG
AGED ABOUT 54 YEARS,
OCC: SELECTION ASSOCIATE
PROFESSOR IN SOCIOLOGY ARTS,
MARATHA MANDAL'S ARTS COMMERCE &
HOME SCIENCE WOMAN COLLEGE,
BELAGAVI, DIST: BELAGAVI-590010

2. SRI GAJANAN YALLAPPA BENNALKAR
AGED ABOUT 52 YEARS,
OCC: SELECTION ASSOCIATE
PROFESSOR IN COMMERCE,
--- REST DO ---

3. SMT.RAGINI AMER DUMAWAT
AGED ABOUT 53 YEARS,
OCC: SELECTION ASSOCIATE
PROFESSOR IN HOME SCIENCE,
---- REST DO ----

4. SMT.KAVITA GURSIDDAPPA HOSAKOTI
AGED ABOUT 54 YEARS,
OCC: SELECTION ASSOCIATE
PROFESSOR IN KANNADA,
--- REST DO ----

5. SMT.JAYASHREE BHAGAVANT ANCHI
AGED ABOUT 48 YEARS,
OCC: SELECTION ASSOCIATE
: 227 :

PROFESSOR IN HINDI,
--- REST DO ----

6. SMT.ALKA APPASAHEB MUTGEKAR
AGED ABOUT 55 YEARS,
OCC: SELECTION ASSOCIATE
PROFESSOR IN MARATHI,
--- REST DO ----

7. DR. NAUSHAD BEGUM HUSEAIN
SAHIB RAMPUR
AGED ABOUT 55 YEARS,
OCC: SELECTION ASSOCIATE
PROFESSOR IN HINDI,
--- REST DO ---

8. SRI SHRIKANT SADASHIVRAO CHAVAN
AGED ABOUT 54 YEARS,
OCC: SELECTION ASSOCIATE
PROFESSOR IN MARATHI,
--- REST D0 ---

9. SMT.REKHA SHARAD BAVADEKAR
AGED ABOUT 58 YEARS,
OCC: SELECTION ASSOCIATE
PROFESSOR IN BOTANY DEPARTMENT,
--- REST DO ----

10. SMT.SUREKHA CHANDRAKANT KAMULE
AFTER MARRIAGE
SMT SUREKA DATTRAYYA MISALE
AGED ABOUT 46 YEARS,
OCC: SELECTION ASSOCIATE
PROFESSOR IN DEPARTMENT
OF LIBRARY,
--- REST DO --- ... PETITIONERS

(BY SMT.GEETHA K M AND
SRI P B PAWAR, ADVS.)
: 228 :

AND:

1. STATE OF KARNATAKA
RPTD.BY SECRETARY,
LAW & PARLIAMENTARY
AFFAIRS DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU-560001

2. DIRECTOR OF COLLEGIATE EDUCATION
GOVERNMENT OF KARNATAKA,
SESHADRI ROAD,
BENGALURU.

3. THE JOINT DIRECTOR
DIRECTOR O COLLEGIATE EDUCATION,
DHARWAD

4. THE PRINCIPAL
MARATHA MANDALS ARTS
COMMERCE &
HOME SCIENCE COLLEGE,
BELAGAVI-590010,
DIST: BELAGAVI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE THAT THE KARNATAKA EDUCATIONAL INSTITUTIONS
(RECRUITMENT AND TERMS & CONDITIONS OF THE
EMPLOYEES IN AIDED COLLEGE OF EDUCATION, TEACHERS
TRAINING INSTITUTION) RULES ARE VOILATIVE OF
ARTICLE 14

AND
OF THE CONSTITUTION OF INDIA ON THE GROUND OF
DENYING EQUAL PAY WORK AND DISCRIMINATION BETWEEN
THE GOVERNMENT EMPLOYEES OF THE PRIVATE EDUATIONAL
INSTITUTIONS WITHOUT ANY BASIS AND ETC.,
: 229 :

IN WP No.102292-296/2015
& 102365/2015:

BETWEEN:

1. SRI B C PATIL,
AGE:55 YEARS,
OCC:ASSOCIATE PROFESSOR
OF ECONOMICS,
MES ARTS & COMMERCE COLLEGE,
MUDALGI, TQ: GOKAK,
DIST: BELAGAVI.

2. SRI S N KOKATANUR,
AGE:57 YEARS,
OCC:ASSOCIATE PROFESSOR OF
--- REST DO ---

3. SRI P K REDDER,
AGE:56 YEARS, OCC:ASSOCIATE
PROFESSOR OF COMMERCE,
--- REST DO ---

4. SRI S C MANTUR,
AGE:55 YEARS, OCC:ASSOCIATE
PROFESSOR OF COMMERCE,
--- REST DO ---

5. SRI M S MUNOLI,
AGE:56 YEARS, OCC:PHYSICAL
DIRECTOR,
--- REST DO ---

6. SRI B P BANDI,
AGE:56 YEARS, OCC:LIBRARIAN,
--- REST DO --- ... PETITIONERS

(BY SRI A S PATIL, ADV.)

AND:

1. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF LAW &
: 230 :

PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

2. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF EDUCATION
REPRESENTED BY
ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU.

3. THE COMMISSIONER,
DEPARTMENT OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD.

6. MUDALGI EDUCATION SOCIETY (MES)
MUDALGI-591312,
TQ: GOKAK, DIST: BELAGAVI,
REPRESENTED BY ITS CHAIRMAN.

7. THE PRINCIPAL,
MES ARTS & COMMERCE COLLEGE,
MUDALGI,
TQ: GOKAK, DIST: BELAGAVI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
: 231 :

EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT,2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-E AND ETC.,

IN WP No.102496/2015

BETWEEN:

SRI JINNAPPA
S/O ANANTHAPPA HADAGALI,
AGE:51 YEARS,
OCC: ASSOCIATE PROFESSOR
(KANNADA),
JANATHA SHIKSHANA SAMITI'S,
BANASHANKARI ARTS,
COMMERCE SHANTIKUMAR
GUBBI SCIENCE,
COLLEGE, VIDYAGIRI, DHARWAD. ... PETITIONER

(BY SRI A S PATIL, ADV.)

AND:

1. THE STATE OF KARNATAKA
THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
RPTD.BY ITS PRINICIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

2. THE STATE OF KARNATAKA,
THE DEPARTMENT OF EDUCATION,
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

3. THE COMMISSIONER,
DEPARTMENT OF COLLEGIATE
EDUCATION,
PALACE ROAD,
: 232 :

BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD.

6. JANATHA SHIKSHANA SAMITI,
VIDYAGIRI, DHARWAD.
REPRESENTED BY ITS SECRETARY.

7. THE PRINCIPAL,
JANATHA SHIKSHANA SAMITI'S,
BANASHANKARI ARTS,
COMMERCE SHANTIKUMAR
GUBBI SCIENCE COLLEGE,
VIDYAGIRI, DHARWAD.

8. THE PRINCIPAL,
SHRI. CHANNAGIREESHWARA
PRASIDAKA ARTS & COMMERCE
COLLEGE, MAHALINGPUR,
TQ:MUDHOL, DIST:BAGALKOT. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO STRUCK
DOWN THE PROVISIONS OF THE ACT NO.07 OF "KARNATAKA
PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES
(REGULATION OF PAY, PENSION AND OTHER BENEFITS)
ACT,2014" AND CONSEQUETNLY TO QUASH THE GAZETTE
NOTIFICATION DATED 12.02.2014 PUBLISHED IN KARNATAKA
GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-E AND H AND ETC.,
: 233 :

IN WP No.102497/2015

BETWEEN:

SRI C. NAGESH,
AGE:52 YEARS, OCC:LIBRARY ASSISTANT,
SJM FIRST GRADE ARTS &
COMMERCE COLLEGE,
TARIKERE, TQ: ARASIKERE,
DIST: CHIKAMAGALUR. ... PETITIONER

(BY SRI A S PATIL, ADV.)

AND:

1. THE STATE OF KARNATAKA
THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
RPTD.BY ITS PRINICIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

2. THE STATE OF KARNATAKA,
THE DEPARTMENT OF EDUCATION,
REPRESENTED BY
ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

3. THE COMMISSIONER,
DEPARTMENT OF COLLEGIATE
EDUCATION, PALACE ROAD,
BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU

5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
: 234 :

D C COMPOUND, DHARWAD.

6. SHREE JAGADGURU MURAGARAJENDRA
VIDYAPEETHA, SHREE BRAHANMATA
CHITRADURGA-577502,
REPRESENTED BY
ITS SECRETARY.

7. THE PRINCIPAL,
SJM FIRST GRADE ARTS &
COMMERCE COLLEGE, TARIKERE,
TQ: ARASIKERE,
DIST: CHIKAMAGALUR.

8. THE PRINCIPAL,
S J M WOMEN'S COLLEGE,
RANEBENNUR, DIST: HAVERI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO STRUCK
DOWN THE PROVISIONS OF THE ACT NO.07 OF "KARNATAKA
PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES
(REGULATION OF PAY, PENSION AND OTHER BENEFITS) ACT,
2014" AND CONSEQUETNLY TO QUASH THE GAZETTE
NOTIFICATION DATED 12.02.2014 PUBLISHED IN KARNATAKA
GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-B AND ETC.,

IN WP No.102427/2015:

BETWEEN:

SHRI. DR. ASHOK BABURAO PAWAR
AGED ABOUT 53 YEARS,
OCC. SELECTION A GRADE
PRINCIPAL IN COMMERCE,
MARATHA MANDAL'S ARTS
COMMERCE & HOME SCIENCE WOMAN COLLEGE,
BELAGAVI,
: 235 :

DIST. BELAGAVI-5900010. ... PETITIONER

(BY SMT. GEETHA K M, ADV.)

AND:

1. STATE OF KARNATAKA,
REPRESENTED BY
ITS SECRETARY,
LAW & PARLIMENTARY AFFAIRS
DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU-560001.

2. DIRECTOR OF COLLEGIATE EDUCATION
GOVERNMENT OF KARNATAKA,
SESHADRI ROAD,
BENGALURU-560001

3. THE DIRECTOR
DIRECTOR OF COLLEGIATE
EDUCATION,
DHARWAD TALUK & DIST. DHARWAD

4. THE PRESIDENT,
MARATHA MANDAL ARTS COMMERCE &
HOME SCIENCE COLLEGE,
BELAGAVI-590010 DIST. BELAGAVI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R3, R4 SD)

THIS WRIT PETITION IS FILED UNDER
ARTICLES 226

&
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ANNEXURE-F PUBLISHED IN KARNATAKA GAZETTE
NOTIFICATION DATED 12.02.2014 AND ANNEXURE-G
CIRCULAR PASSED BY THE RESPONDENT NO.2 DATED
05.09.2014, AND DIRECT THE RESPONDENTS TO TREAT THE
PRIVATE EDUCATION EMPLOYEES ON PAR WITH GOVT
EMPLOYEES AND PROVIDING SERVICE BENEFITS TO THEM
AND ETC.,
: 236 :

IN WP Nos.104207-210/2014:

BETWEEN:

1. SRI NARASAPPA APPAJIRAO PATIL
AGE: 45 YEARS,
OCC: WORKING AS PRINCIPAL IN
M.M'S TARARANI COMPOSITE
P.U. COLLEGE,
KHANAPUR, DIST: BELGAUM

2. SMT.SUNITA CHANGAPPA KANABARKAR
AGE: 43 YEARS,
OCC: WORKING AS LECTURER IN
M.M'S TARARANI COMPOSITE
P.U.COLLEGE,
KHANAPUR, DIST: BELGAUM

3. SRI RUDRAPPA VEERAPPA
MARITAMMANAVAR
AGE: 36 YEARS,
OCC: WORKING AS LECTURER IN
M.M'S TARARANI COMPOSITE
P.U.COLLEGE,
KHANAPUR, DIST: BELGAUM

4. SMT.CHITRA RAMESH ARJUNWADKAR
AGE: 43 YEARS,
OCC: WORKING AS S.D.A IN
M.M'S TARARANI COMPOSITE
P.U.COLLEGE,
KHANAPUR, DIST: BELGAUM. ... PETITIONERS

(BY SRI P G CHIKKANARAGUND, ADV.)

AND:

1. THE STATE OF KARNATAKA
REP.BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF LAW AND
PARLIMENTARY AFFAIRS,
VIDHANA SOUDHA,
: 237 :

BANGALORE - 560 001.

2. THE PRINCIPAL SECRETARY
GOVERNMENT OF KARNATAKA,
DEPARTMENT OF EDUCATION
(P.U.EDUCATION),
M.S.BUILDING,
BANGALORE - 560 001.

3. THE COMMISSIONER OF COLLEGIATE
EDUCATION IN KARNATAKA,
PALACE ROAD,
BANGALORE - 01.

4. THE DIRECTOR
PRE UNIVERISITY EDUCATION
BOARD,
18TH CROSS, MALLESHWARAM
BANGALORE.

5. THE COMMISSIONER,
PRE UNIVERSITY EDUCATION
BOARD,
18TH CROSS, MALLESHWARAM
BANGALORE. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS 1 TO 4 TO RECKON AND COUNT
THE PAST SERVICE RENDERED BY THE PETITIONERS FROM
THE DATE OF THEIR INTIAL APPOINTMENT UP TO THE DATE
OF THEIR APPROVAL OF THEIR APPOINTMENT WITH AID
RESPECTIVELY FOR THE PURPOSE OF FIXATION OF PAY
SCALE, SENIORITY, INCREMENTS, TIME BOUND ALLOWANCES,
PENSIONARY BENEFITS AND OTHER CONSEQUENTIAL
SERVICE BENEFITS TILL THE PASSING OF THE IMPUGNED
ORDERS DATED 25.08.2012 IN NO. ED 6 TPU 2011,
BANGALORE, PASSED BY THE 1ST RESPONDENT VIDE
ANNEXURE-B AND ETC.,
: 238 :

IN WP Nos.102116-117/2015:

BETWEEN:

1. SHRI SHIVAKUMAR
S/O BASAPPA HATTIKAL,
AGE: 56 YEARS,
OCC: SECOND DIVISION
ASSISTANT (SDA),
BYADAGI EDUCATION SOCIETY'S
MERCHANTS,
ARTS & COMMERCE COLLEGE,
BYADAGI-581106, TQ: BYADAGI,
DIST: HAVERI.

2. SHRI MALLIKARJUN
S/O DODDERAPPA ARALIKATTI,
AGE: 55 YEARS, OCC: PEON,
--- REST DO ---- ... PETITIONERS

(BY SRI A S PATIL, ADV.)

AND:

1. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU.

2. THE STATE OF KARNATAKA
TO THE DEPARTMENT OF
EDUCATION,
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU.

3. THE COMMISSIONER
DEPARTMENT OF COLLEGIATE
EDUCATION,
PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF COLLEGIATE
: 239 :

EDUCATION,
PALACE ROAD, BENGALURU.

5. THE REGIONAL JOINT-DIRECTOR
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D C COMPOUND DHARWAD.

6. BYADAGI EDUCATION SOCIETY (BES)
BYADAGI-581106,
DIST: HAVERI,
REPRESENTED BY ITS PRESIDENT

7. THE PRINCIPAL
BESM ARTS & COMMERCE COLLEGE,
BYADAGI-581106,
DIST: HAVERI. ... RESPONDENTS

(BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W
SRI RAVI V.HOSAMANI, AGA FOR R1-R5)

THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES
& 227
OF THE CONSTITUTION OF INDIA PRAYING TO
STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF
"KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS
EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER
BENEFITS) ACT, 2014" AND CONSEQUETNLY TO QUASH THE
GAZETTE NOTIFICATION DATED 12.02.2014 PUBLISHED IN
KARNATAKA GAZETTE DATED 12.02.2014 IN PART IV(A) BY THE
RESPONDENT NO.1 AS PER ANNEXURE-E.

THESE WRIT PETITIONS BEING HEARD AND RESERVED,
COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
: 240 :

ORDER

In all these petitions, the constitutional validity of

the Act known and called as '
The Karnataka Private

Aided Educational Institutions Employees (Regulation of

Pay, Pension and Other Benefits) Act, 2014
, (for short

'Act No.7/2004') is under challenge. Petitioners are also

seeking for treating the employees of aided private

educational institutions who have been admitted to

grant-in-aid on par with employees working in

Government Educational Institutions in providing

service benefits.

2. I have heard the arguments of Sriyuths

Janardhan G., Vittal S Teli, J.S.Shetty, A.S.Patil,

Sharmila M.Patil, learned counsel appearing on behalf

of petitioners and Sri A.G.Shivanna, learned Additional

Advocate General along with Sri Ravi V Hosamani,

learned Additional Government Advocate appearing on

behalf of respondent/State. In few of the writ petitions,

: 241 :

the institutions in which the petitioners are working

have also been arrayed as parties and notices issued to

them either has been served, represented or unserved

and yet to be served. Their presence or absence and

their say in these writ petitions would have no bearing

on the contentions raised by the petitioners in aid of the

relief sought for by them in these writ petitions. Hence,

by consent of learned advocates appearing for parties,

these writ petitions are taken up together for hearing

and disposed of by this common order since grounds

urged and defence putforth in all these writ petitions are

common, similar and identical.

3. The grievance of the petitioners is they have

been appointed as Lecturers, Teachers, Clerical Staff

etc., by the Management of the aided institutions in

which they are now at present working and their

appointment was approved subsequently on various

dates (in respect of different petitioners) by admitting

: 242 :

them to grant-in-aid and the non-grant period was not

considered for purposes of seniority and fixing the pay-

scale. It is also contended that some of the petitioners

working as teachers had undergone career advancement

scheme as per the requirement of UGC guidelines and

on fulfilling the said requirement, they are being paid

salary accordingly, by extending all benefits. It is also

contended that the petitioners have been granted the

revised UGC pay-scales from time to time from the date

of joining of service.

4. It is also contended that on account of the

State undertaking to exclude the non-grant period for

the purposes of reckoning seniority and other service

benefits, some of the teachers had approached this

Court seeking for a direction to the State to include the

non-grant period also for service benefits and same

came to be allowed which was later affirmed by the

Division Bench and also by the Hon'ble Apex Court. It

: 243 :

is contended that pursuant to the said order, first

respondent extended the triple benefit scheme for non-

grant period also and to over come the orders passed by

this Court and the Hon'ble Apex Court, the present Act

has been introduced with retrospective effect from

01.06.1995, whereby for the non-grant period extending

the triple benefit scheme now stands excluded.

5. It is also the grievance of the petitioners that

pursuant to the same, second respondent has issued

Circulars to the institutions/colleges where the

petitioners are working to implement the provisions of

amended Act and accordingly re-fix their salaries by

excluding the non-grant period and as such, these

institutions/colleges are making attempts to re-fix the

salaries of the petitioners.

6. It is contended by the petitioners that in

doing so, it would amount to discrimination between the

employees of State and employees of private institutions

: 244 :

and all teachers will have to be treated equally and as

such the impugned Act is violative of
Article 14
of the

Constitution. It is also contended that the State having

been unsuccessful before all the Courts including the

Apex Court in repudiating the claim of the petitioners

for treating the non-grant period to be excluded has now

sought to negate the dicta of the Courts by bringing the

present legislation retrospectively.

7. The contentions raised in these writ petitions

by the petitioners can be crystalised as under:

i) State cannot deny the service benefits
to the employees working in
institutions admitted to grant-in-aid
though same is extended to the
employees working in Government
colleges/institutions and it would
amount to discrimination since both
are discharging same duties;

ii) When
Section 87
of Karnataka
Education Act, has fixed same

: 245 :

parameters for both the employees
namely employees working in
educational institutions receiving grant
from the State will be the same as
those applicable for corresponding
category of employees in any State
institutions, same cannot be whittled
down by the amending Act that too,
retrospectively and particularly when
the provisions of existing Act has been
interpreted by the Courts to the benefit
of the petitioners and as such, taking
away the benefit accrued by such
orders of the Court through legislation
would be violative of
Article 14
of the
Constitution.

iii) When
Section 87
of the Karnataka
Education Act, 1983, along with Rules
(1), (3), 2 (d), 3, 3 (1) (a) (b) (c), 3 (2) (a)
and Rule 17 (1) of Karnataka
Education Rules, has been examined,
interpreted and held by the Courts that
employees working in private
institutions are entitled for the triple

: 246 :

benefit scheme on par with the
employees working in institutions run
by Government, State cannot shrug off
its responsibility in complying with
such orders by taking recourse to
nullify the said orders through
impugned retrospective legislation.

iv) When petitioners and similarly placed
employees have been granted all
service benefits with prior approval of
the State, such benefits already
granted cannot be taken away by
impugned retrospective legislation.

v) Any attempt by the State to nullify the
effect of judicial pronouncement
amounts to encroachment of judicial
power,

vi) When Hon'ble Supreme Court has held
that claim of teachers in aided schools
for parity in the matter of pay and
pension to be the same granted to
teachers working in Government
schools/colleges and has granted such

: 247 :

parity, same cannot be denied on the
ground of financial burden to the State
as it would not be a valid ground for
denying the pay parity.

vii) It is also contended that statement and
objects of the Act would clearly indicate
that to avoid financial burden to the
State, impugned legislation is being
brought in retrospectively and same
would amount to taking away the
fundamental right of the petitioners.

viii) The principle of equal pay for equal
work would apply in all force to the
petitioners and as such, there cannot
be any discrimination between them
and the employees working in
institutions run by Government.

8. The learned advocates appearing for the

parties having reiterated the above raised contentions

and have also supplemented their contentions which

can be summarised as under:

: 248 :

i) When judgments have been passed by
the Courts holding that petitioners are
entitled for equal pay on par with
Government teachers/staff from the
date of appointment or initial entry into
service and not from the date they were
admitted to grant-in-aid same cannot
be nullified by the Act in question that
too, with retrospective effect.

ii) The impugned Act attempts to nullify
the judgments of this Court and
Hon'ble Apex Court and same is
impermissible and is violative of
Articles 13, 14 and 16 of the

Constitution of India since these issues
which have been concluded by the
judgments and the object with which
the Act impugned is being brought in is
not for a bonafide reason but tainted
with malafides.

iii) By the impugned Act a reasonable
classification between two classes of
employees is not brought about but it

: 249 :

discriminates between two classes of
employees who are similarly placed
and who have put in equal service and
it further discriminates between same
class of teachers i.e., between the
teachers of aided institutions and
teachers of Government colleges.

iv)
The Education Act
being in concurrent
list, impugned Act in question over
rides the Central Act and same is
beyond legislature competence of the
State legislation.

v) Pension and salary is not a bounty
given by the State but it is a property
right and same is being taken away by
impugned legislation.

vi) Even teachers who were working in
Government colleges as stop-gap
lectureres have been extended benefit
from the date of initial entry into
service and by the impugned Act,
benefit granted to them would not be

: 250 :

taken away but on the other hand
such benefit extended to petitioners
and similarly placed persons would be
taken away and as such there would
be discrimination between petitioners
and stop-gap lecturers working in
Government colleges.

vii) Provisions of
Section 3
of Act 7 of 2014
is ultra vires the powers of the State
Legislature as it encroaches upon
judicial field and over rule the judicial
pronouncements which is binding
between interse parties. Thus, any
action to take away the power of the
judicial pronouncements would be
ultra vires of the power of the
Legislature and binding judicial
pronouncement between the parties
cannot be made ineffective with the aid
of legislative power by enacting a
statute which in substance over rules
such judgments and it would not be in
the realm of legislative enactment

: 251 :

which displaces the basis or
foundation of such judgments.

viii) It is contended that in the instant case,
Courts have not struck down any
legislation so as to enable the
Legislature to remove the defect in the
statute pointed out in the judgment so
as to bring in the impugned legislation
retrospectively and as such the
legislature have no power or
competency to nullify the binding effect
of the judgments rendered by Courts
which are binding interse parties.

9. In support of their submissions they have

relied upon the following judgments:

i) AIR 1996 SC 188
S.R.Bhagwat & Others vs. State Of Mysore

ii) 2012 (3) Kar.L.J. 77 (DB)
State of Karnataka vs. I. Rudrayya and
others

iii) AIR 1976 SC 2250
I.N.Saksena, R.D.Doongaji vs. State Of
Madhya Pradesh

: 252 :

iv) AIR 1996 SC 1431
Indian Aluminium Company Limited vs.
State of Kerala

v) 1994 (5) SCC 450
Union of India vs. Tushar Ranjan Mohanty

vi) AIR 2005 SC 137
Virender Singh Hooda vs. State of Haryana

vii) AIR 1970 SC 192
Shri Prithvi Cotton Mills Limited vs. Broach
Borough Municipality and others

viii) AIR 1971 SC 57
Janapada Sabha Chhindwara, State of
Madhya Pradesh vs. Central Provinces
Syndicate Limited, Amalgamated Coal Fields
Limited.

ix) AIR 1987 SC 411
State of Mysore vs. B.Basavalingappa

x) AIR 1973 SC 1088
Purushottam Lal and others vs. Union of
India (UOI) and another.

xi) AIR 1969(2) Unreported Judgment 616
(SC)
Mahal Chand Sethia vs. State West of Bengal

xii) AIR 1997 SC 3828
Chairman, Railway Board and Others vs.
C.R.Rangadhamaiah and others

: 253 :

xiii) (2000)2 SCC 42
Chandigarh Administration and others vs.
Rajni Vali (Mrs.) and Others
.

10. Per contra, Sri A G Shivanna, learned

Additional Advocate General appearing along with Sri

Ravi V Hosamani, learned Additional Government

Advocate would reiterate the contentions raised in the

statement of objections in W.P.No.21216/2014 and

contends that said plea put forward by the State would

hold good as the defense of the State in respect of all

other writ petitions and elaborates his submission by

contending that grant-in-aid is not a right and same is a

matter of policy of the State and as such, first

respondent taking into account its economic capacity

and development of the State has taken a conscious

decision not to consider the non-grant period for pay,

pension and other benefits and decisions rendered by

this Court to consider the non-grant service period for

same would amount to amendment of the existing

: 254 :

Government policy by way of judicial order and it also

amounts to extension of benefits to persons to whom

the policy was not intended to apply and as such, the

Karnataka Private Aided Educational Institutions

Employees (Regulation of Pay, Pension and other

benefits) Act, 2014 was brought in and it satisfies the

three tenets prescribed by catena of judgments of the

Hon'ble Apex Court namely, (1) impugned Act satisfies

the test of legislative competence; (2) defect pointed out

by the Courts in the judgments is cured by complying

with legal and constitutional requirements; and (3) there

is no violation of rights guaranteed in part III of the

Constitution.

11. He would also further contend that
Section
of the Education Act having been amended by

Ordinance 1 of 2004, the defect or deficiency in the

statutory provision which was pointed out by the Courts

in various earlier judgments which have been relied

: 255 :

upon by the petitioners has been sought to be removed

by the impugned legislation and Legislature is fully

empowered to prescribe the conditions for excluding the

non-grant period. He would also contend that pension

of Government employees are governed by Karnataka

Civil Services Rules and none of the petitioners fit into

the category of a Government employee i.e., they do not

satisfy the three conditions prescribed under Chapter

XVI of Karnataka Civil Services Rules so as to claim

equality with employees working in institutions run by

Government. He would also submit by way of alternate

submission that law which was already found in
Section
of the Education Act has been clarified by Act 7 of

2014 and the impugned legislation is a clarificatory

legislation and to exclude the non-grant period for

extending pay and pension, new law has been framed.

It is also contended that State of Andhra Pradesh by Act

No.26 of 2006 declared to limit the liability of the State

: 256 :

on schemes of advancement to the extent of grant-in-aid

sanctioned to the posts by nullifying the judgment

rendered by the High Court of Andhra Pradesh in

W.P.No.8697/2005 dated 07.11.2005 and similar

exercise having been undertaken by the State of

Karnataka through Act No.7 of 2014, the constitutional

validity be upheld since there is no challenge to the

competence of the legislature to enact the impugned

legislation. Hence, he prays for dismissal of the writ

petitions.

12. In support of his submissions, he has relied

upon the following judgments:

(i) AIR 2014 SC 2407
State of Tamil Nadu vs. State of Kerala
and another.

(ii) (2013)8 SCC 633
Jagdish Prasad Sharma and others vs.
State of Bihar and others.

(iii) Unreported judgment rendered in
W.P.Nos.226-228/1998 disposed of on
13.08.1998.

Smt.Renukha vs. State of Karnataka

: 257 :

(iv) 1973(3) SCC 585
M/s.Tirath
Ram Rajindra Nath,
Lucknow vs. State of U.P. and another
.

(
v) 1975(2) SCC 274
The Government of Andhra Pradesh
and another vs. Hindustan Machine
Tools Ltd
.

(vi) AIR 1976 SC 2250
I.N.Saksena, R.D.Doongaji vs. State of
Madhya Pradesh

(vii) 1987 (SUPP) SCC 751
M/s.Utkal Contractors and Joinery (P)
Limited and others

(viii) 1993 SUPP(1) SCC 96(II)
In the matter of Cauvery Water
Disputes Tribunal

(ix) 1996(4) SCC 281
Comorin Match Industries (P) Ltd. vs.
State of T.N.

(x) (1994)6 SCC 77
Bhubaneshwar Singh and another vs.
Union of India and others

(xi) (1996)7 SCC 637
Indian Aluminium Co. and others vs.
State of Kerala and others.

: 258 :

(
xii) (1996)11 SCC 462
Meerut Development Authority and others
vs. Satbir Singh and others
.

(xiii) (2009)8 SCC 431
A.Manjula Bhashini and others vs. Managing
Director, Andhra Pradesh Women's
Cooperative Finance Corporation Limited
and another

13. Having heard the learned Advocates

appearing for the parties, on perusal of the pleadings

and case laws relied upon by the learned Advocates

appearing for the parties, this Court is of the considered

view that only question which arises for consideration

is:

"Whether constitutional validity of Karnataka
Private Aided Educational Institutions
Employees (Regulation of Pay, Pension and other
Benefits) Act, 2014 (Act No.7 of 2014) is to be
upheld or be declared as unconstitutional on the
ground that it is ultra vires of the Constitution
of India?"

In order to undertake this exercise, it would be

necessary to narrate few facts which are common to all

the writ petitions and also extract the impugned

legislation.

: 259 :

FACTUAL MATRIX:

14. All the petitioners are working as teaching

and non-teaching staff of private aided educational

institutions. They came to be appointed by the

respective institutions after permission came to be

granted by the Department of Education. On the

ground that they are legally entitled for fixation of pay

scale, annual increments, seniority and also entitled to

pensionary benefits from the date of their initial

appointment upto the date of their appointment with

aid and denial of said benefit to them is bad in law, they

had approached this Court by filing writ petitions with a

prayer to reckon and count the past services rendered

by them namely, from the date of their initial

appointment up to the date of approval of their

appointment with aid for the purposes of fixation of pay

scale, annual increments, seniority and pensionary

benefits. Writ petitions filed by them came to be

allowed and was affirmed by the Division Bench of this

: 260 :

Court and Special Leave Petitions filed by the State

challenging the orders passed by Division Bench came

to be dismissed. Thus, the matter attained finality.

15. For the purposes of immediate reference, one

set of writ Appeals filed by the State which came to be

dismissed by the Division Bench of this Court in

W.A.No.503/2011 and connected matters by order

dated 30.11.2011 requires to be noticed to meet the

arguments advanced by respective learned Advocates. It

came to be held by the Division Bench as under:

"4. Since on a similar question
this Court has taken a consistent view, in
several petitions, holding that such
lecturers are entitled to the benefit of
fixation of salary from the date of their
initial appointment and not necessarily
from the date the college was admitted to
grant-in-aid, the present petitions stand
allowed. Annexure-"C" by which such a
benefit is denied to the petitioners is
hereby quashed. The respondents are
directed to take into account the past
services of the petitioners from the
date of their respective appointments
till the passing of the impugned order
for the purpose of fixation of pay with

: 261 :

revision from time to time in the cadre
of Lecturers along with arrears and to
pass suitable orders within a period of
eight weeks, if not earlier, from the date
of receipt of a certified copy of this order.

(emphasis supplied)

16. Similar matters which came to be disposed

of by the Division Bench was challenged by the State

Government in Special Leave Petitions filed before the

Hon'ble Apex Court in SLP (C) Nos.14870-15136/2012

c/w SLP (C) Nos.22176-22186/2010 which came to be

dismissed by order dated 21.08.2013. Thus, the matter

attained finality. In other words, petitioners therein

acquired certain rights by virtue of orders passed by

this Court.

17. On account of non-implementation of the

orders/directions issued in the above referred

judgments and also similar orders, aggrieved petitioners

had approached this Court by initiating contempt

: 262 :

proceedings, wherein the State undertook to implement

the orders within two months and as such, reserving

liberty to the complainants/petitioners to seek revival of

the contempt proceedings in the event of order passed

by the learned Single Judge is not complied, contempt

proceedings came to be disposed of. Thereafter, the

State did not comply with the order passed by the

learned Single Judge and as such, complainants revived

the contempt proceedings by filing necessary

applications and the State Government being put on

notice, produced the Government order, under which

the State Government extended the service benefits for

the unaided period of service, such as fixation of pay

scale, adding annual increments, senuiority, T.B.A. and

pensionary benefits. Thereafter, several orders came to

be issued by the State Government under which the

service benefits such as fixation of pay scale, annual

increments, pensionary benefits and other

: 263 :

consequential benefits were extended to some of the

petitioners only and several others have not been

extended the service benefits for unaided period. It

would be apt to note at this juncture itself that review

application filed by the State Government before the

Hon'ble Apex Court seeking review of dismissal of

Special Leave Petitions also came to be dismissed on

06.12.2012.

18. It is in this factual background, the State

Government through the impugned enactment namely,

by Act No.7 of 2014 introduced Karnataka Private Aided

Educational Institutions (Regulation of Pay, Pension and

other Benefits) Act, 2014 to extend Grant-in-aid

computed at the minimum of pay scale in the time scale

on the date of admission to Grant-in-aid to the

employees working in Private Educational Institutions

in the State and to limit the liability of the State on

schemes of advancement to the extent of Grant-in-aid

: 264 :

sanctioned to the posts and for the matters connected

therewith or incidental thereto for the purposes

indicated thereunder with retrospective effect from

01.06.1995.

19. Concededly the State Government amended

the
Karnataka Education Act, 1983
namely,
Section 87

of the Education Act through Ordinance namely,

through Karnataka Education (Amendment) Ordinance,

2014 (Karnataka Ordinance No.1/2014) retrospectively

i.e., with effect from 01.06.1995. The amendement

brought about to Section 87 via Ordinance reads as

under:

"2. Amendment of Section 87.-
In the
Karnataka Education Act, 1983

(Karnataka Act
1 of 1995), in
section 87
,-

(a) in the proviso the words "and
benefits of retirement" shall be omitted;

and

(b) after the proviso, the following
provisos shall be inserted, namely:-

: 265 :

"Provided further that conditions of
service of the employees working in aided
educational institutions shall be as such
as may be determined by the State
Government from time to time.

Provided also that since 1974 no
employee of the aided institution is
required to appear and pass any Servie
Examination or the Kannada Language
Examination as prescribed in the
Karnataka Civil Service (Service and
Kannada Language Examination) Rules,
1974 no such employee shall be eligible
for or be granted any additional
increment for having passed or deemed to
have been passed said examination from
the date of commencement of said rules."

The said Ordinance having not been placed before both

the Houses of the State namely, Legislative Assembly

and Legislative Council as required under
Article

213(2)(a)
of the Constitution of India, same has lapsed

which is not disputed by the learned Additional

Advocate General. Hence, this Court would not

examine the issue of constitutional validity of the

amendment to
Section 87
brought about by Ordinance

during the pendency of writ petitions, though some of

: 266 :

the petitioners have also amended the writ petitions and

have sought for declaring Karnataka Education

(Amendment) Ordinance, 2014 being unconstitutional

and violative of
Article 14
and
of the Constitution of

India, since such an exercise if undertaken would be an

exercise in futility and academic issue.

20. Now turning my attention back to the core

issue namely, the constitutional validity of Act No.7 of

2014, it would be of benefit to extract the Statement¸

Objects and reasons of enacting the impugned

legislation by the State of Karnataka. It reads as under:

Statement, Objects and Reasons:

"
An Act
to regulate salary and
allowance and other conditions of service
of teaching and non-teaching employees
of private educational institutions on
admission to grant-in-aid and limiting
financial liability of the State and other
matters connected therewith are
incidental thereto;

Whereas, the State Government
has admitted several private educational
institutions for grant-in-aid to improve

: 267 :

the standard of education and reduce the
burden of the management by giving the
salary grant to teaching and non-
teaching staff.

And whereas, the Government in
order No.ED 65 SES 62 dated 24.08.1963
introduced the Karnataka State Aided
Schools Employees Contributory
Provident Fund-Insurance-Pension
scheme (Triple Benefit Scheme) Rules to
regulate pensionary benefits of aided
institutions coming under the ambit of
Primary and Secondary Education with
effect from 01.04.1963 and directed to
take in to account the length of qualifying
service of all previous service whether
temporary, officiating or permanent either
in one or more than one State - aided
institution.

And whereas, the Government
framed the
Karnataka Education Act,
to provide for the planned
development of educational institutions,
inculcations of healthy educational
practice, maintenance and improvement
in the standards of education and better
organization discipline and control over
Educational institutions in the state with
a view to fostering the harmonious
development of the mental and physical
facilities of students and cultivating a
scientific and secular outlook through
education and the said Act came into
force from 1-6-1995 as per Government
notification No ED 2 MES 95 dated 30-
05-1995 with a saving clause enshrined
in
Section 146 (3)
by virtue of which the

: 268 :

TBS Rules became part and parcel of the
said Act.

And whereas, non-consideration of
non-grant service for pay was questioned
in W.P.Nos. 226-228/1998 and the said
writ petitions were dismissed on 13-08-
1998 by rejecting the reliefs sought by
the writ petitioners.

And Whereas, the Government in
letter No. ED 130 PMC 99 dated: 12-07-
2001 has given direction not to reckon
the unaided service for pensionary
benefits.

And Whereas, the Government has
issued a circular on 20-09-2003 bearing
No. ED 90 PMC 99 clarifying that the
non-grant service shall not be considered
for the purpose of pension and leave.

And whereas the Government has
issued order No. ED 674 SEW 2005
dated: 10-04-2006 reiterating the
directions given in rule 3 (1) (b) and (c) of
the Karnataka Educational Institutions
(Recruitment and Terms and Conditions
of Service of Employees in Private Aided
and Primary and Secondary Educational
Institutions) Rules, 1999, wherein the
service rendered during non-grant period
shall not be considered for pay, leave,
pension and any other service benefits.

And whereas the non-reckoning of
non-grant period of service for pensionary
benefits was challenged by Sri H. Peter in
W.P. No. 10399/2004 and the Hon'ble
High Court of Karnataka allowed the said

: 269 :

writ petition on 01-09-2006 with a
direction to compute pensionary benefits
by considering non-grant period.

And whereas, in exercise of powers
conferred by Sub-Section (1) of
Section
of the Karnataka Education Act,
1983 the Government framed the
Karnataka Pre-University Education
(Academic, Registration, Administration
and Grant-in-aid etc.) Rules, 2006. The
Sub-rule (2) and (3) of Rule 21 of the said
Rules reads as below-

"(2) The posts and the
persons working in such posts
in private aided Pre-University
Colleges shall be eligible for
grant-in-aid only from the date
of sanction of the grant-in-aid
by the Government and the
earlier period of un-aided service
shall not count for any pay
fixation, increment, leave,
seniority and other service
benefits including pension.

(3) Consequent to the
sanction of salary grant-in-aid
to an employee of aided Pre-

University College, the initial
pay of such an employee shall
be fixed at the minimum of the
pay scale applicable to the post
and he will not be eligible for
any monetary benefits either
notionally or otherwise in
respect of the earlier period of
unaided service."

: 270 :

And whereas, the Writ Appeal
No.291/2007 filed by the State before the
Division Bench of the Hon'ble High Court
of Karnataka against the order dated: 01-
09-2006 made in W.P. No.10399/2004
was rejected and the Special Leave
Petition filed by the State before the
Hon'ble Supreme Court was also
dismissed on 09/05/2011.

And whereas, non reckoning of non
grant period of service for pensionary
benefits was challenged in W.P.
No.126/2008 and W.P. No.15025/2006
and the said writ petitions were
connected with the writ appeals filed by
the state and the said writ petitions were
allowed on 03-11-2009.

And whereas, Government issued
circular No. ED 156 PMC 2005 dated: 13-
03-2009 once again reiterating the
directions given in Rule 3 (1) (b) & (c) of
the Karnataka Educational Institutions
(Recruitment and Terms and Conditions
of Service of Employees in private aided
and primary and secondary educational
institutions) Rules 1999, wherein the
service rendered during unaided period
shall not be considered for pay, leave,
pension and any other service benefits.

And whereas, the non-

consideration of non-grant period for
fixation of pay was challenged in W.P.No.
25447/2010 and the said writ petition
was allowed on 16-08-2010. The State
filed Writ Appeal 4788/2010 against the
order dated:16-08-2010 and the Division
Bench of the Hon'ble High Court

: 271 :

dismissed the said writ appeal and the
Special Leave Petition (CC) No.
7365/2012 was dismissed on 02-07-
2012. The review petition No. 2364/2012
filed by the State against the order
passed in S.L.P. (CC) No. 7365/2012 was
also dismissed on 06-12-2012,
thereby creating inevitable situation of
complying orders of the Hon'ble High
Court of Karnataka in W.P. No.
25447/2010 against the directions given
in rule 21(2) and (3) of the Karnataka
Pre-University Education (Academic,
Registration, Administration & Grant-in-
aid etc.) Rules, 2006.

And whereas, the Special Leave
Petition No. 22176-22186/10 filed by the
State in the Hon'ble Supreme Court of
India challenging order dated:

03/11/2009 was connected with other
S.L.P's filed by the State and the said
S.L.P's were dismissed on 21-08-2013.

And whereas, the Government in
Order No. ED 176 UPC 75, dated:

18.08.1976, introduced the Karnataka
State Aided College and Technical
Institutions Employees Triple Benefit
Scheme (Pension, Insurance and
Management Contribution) Rules, 1976
(TBS Rules for short) to regulate
pensionary benefits in aided institutions
coming under the ambit of Higher
Education with effect from 01.04.1970
and directed to take into account all the
previous service rendered in regular and
whole time posts in Grant-in-aid
institutions governed by TBS Rules shall

: 272 :

be taken into account for computing the
length of qualifying service.

And whereas, Government in
G.O.No. ED 15 UEC 89, dated:

05.04.1991 sanctioned the revised 1986
University Grants Commission pay scales
to the Librarians and the Physical
Education Personnel in the First Grade
(Degree) i.e., Government Colleges and
those aided by the Government as per the
Grant-in-aid Code under the Department
of Collegiate Education with effect from
01.01.1986 and extended the Career
Advancement Scheme inter alia to the
Librarian and Physical Education
personnel in the aided colleges;

And whereas in exercise of the
powers conferred by sub-section (1) of

section 145
of the Karnataka Education
Act, 1983, the Government has issued
rules namely the Karnataka Educational
Institutions (Recruitment and Terms and
Conditions of Service of Employees in
Aided Colleges of Education and
Teachers' Training Institutes) Rules,
2001. In the proviso to rule 3(1) (b) and 3
(1) (c) of the said rules, a direction is
given that the service rendered during
non-grant period shall not be considered
for pay, leave, pension and any other
service benefits.

And whereas, the service rendered
by the employee of the private colleges
and Technical Institutions prior to the
date of admission into grant-in-aid was
also taken into consideration for the
purpose of Automatic Advancement

: 273 :

Scheme and Career Advancement
Scheme by an unintended interpretation
of the directions given in Government
Order NO. ED 25 UPC 2001, dated:

03.06.2003, which was issued with the
intention of counting non-grant period
service for Automatic Advancement
Scheme and Career Advancement
Scheme subject to fulfillment of
conditions specified in the guidelines
issued by the competent
authorities/bodies;

And whereas, the non-reckoning of
non-grant period of service for Automatic
Advancement Scheme, Career
Advancement Scheme and Pension was
challenged by some Aided employees in
Hon'ble High Court of Karnataka in Writ
Petition Nos. 14676/2001, 871/2004,
19431/2005 and 5145/2007 and
upholding the contention of the
Petitioners that the Triple Benefit Scheme
Rules and the Government Orders are
not inconsonance with
section 87
of the
Karnataka Education Act, 1983 thereby
rejecting the Government's contention
that as per TBS Rules only the service
rendered in aided institutions be
considered for qualifying service, the
Hon'ble High Court on 13.10.2006 and
12.12.2007 allowed the Writ Petitions by
directing reckoning of the service from
initial appointment on the basis of actual
emoluments drawn, including increments
and promotions for non-grant period;

And whereas, the State filed
Appeals against the Orders dated:

13.10.2006 and 12.12.2007 made in Writ

: 274 :

Petitions Nos. 14676/2001, 871/2004,
19431/2005 and 5145/2007 and on
03.11.2009, the Hon'ble High Court of
Karnataka connected the Writ Appeals
Nos. 450/2007 and 848/2008 filed by
the State with other similar Writ Petitions
delivered the following Order:

"Under the circumstances,
Writ Appeals filed by the State
have to be dismissed and the
Writ Petitions have to be
allowed. Rule is made absolute.

The respective authorities are
directed to consider the case of
each of the Petitioner and pass
orders accordingly in the
context of relevant rules
applicable to them with regard
to their retirement benefits
including pension and gratuity
along with interest at the rate of
6% p.a. which shall be paid with
effect from the date of filing of
the Writ Petition by each of
these lecturers/teachers within
a period of two months from the
date of receipt of the certified
copy of this Order".

And whereas, the State of
Karnataka preferred the Appeal in the
Hon'ble Supreme Court in the Special
Leave Petition No. 22176-22186/2010
was connected with other similar Special
Leave Petitions were dismissed on
21.08.2013;

And whereas, there is no
justification to include the service

: 275 :

rendered in un-aided institutions which
are subsequently brought under grant-in-
aid, for the purpose of pensionary
benefits as such inclusion would amount
to taking into consideration the service
not covered by the Pension Rules and it
would also amount to giving retrospective
effect to the admission to grant-in-aid
which is never contemplated by the
Government;

And whereas, if the increments
earned by the teaching and non-teaching
employees of the Private Aided
Educational Institutions in non-grant
period is taken into consideration for
releasing the Grant-in-aid, and for the
purposes of Automatic Advancement
Scheme, Career Advancement Scheme
and Pension it would involve very huge
financial implication to the state
exchequer;

And therefore, Government
reviewed the matter and decided to
extend Grant-in-aid computed at the
minimum of pay in the time scale on the
date of admission to grant in aid to the
employees working in Private Educational
institutions in the State and to limit the
liability of the State on schemes of
Advancement to the extent of Grant-in-
aid sanctioned to the posts and for the
matters connected therewith or incidental
thereto for the purposes hereinafter
appearing;"

: 276 :

21. The preamble of a Statute like the long title

is a part of the Act and is an admissible aid to

construction. Although not an enacting part, the

preamble is expected to express the scope, object and

purpose of the Act more comprehensively than the long

title. It may recite the grounds and cause of making the

statute, the evils sought to be remedied or the doubts

which may be intended to be settled. Sir John Nickel in

Brett vs. Brett
reported in (1826) 162 ER 456 at page

458-459 has held:

"It is to the preamble more
specially that we are to look for the
reason or spirit of every statute,
rehearsing this, as it ordinarily does,
the evils sought to be remedied, or the
doubts purported to be removed by
the statute, and so evidencing in the
best and most satisfactory manner,
the object or intention of the
legislature in making or passing the
statute itself."

: 277 :

22. As to circumstances under which a preamble

can be used as a tool in aid of interpretation, came to be

considered by the Hon'ble Apex Court in the case of

BURAKAR COAL LIMITED vs UNION OF INDIA

reported in AIR 1961 SC 954 and held:

"It is one of the cardinal
principles of construction that where
the language of an Act is clear, the
preamble must be disregarded
though, where the object or meaning
of an enactment is not clear, the
preamble may be resorted to explain
it. Again, where very general language
is used in an enactment which, it is
clear must be intended to have a
limited application, the preamble may
be used to indicate to what particular
instances, the enactment is intended
to apply. We cannot therefore, start
with the preamble for construing the
provisions of an Act, though we could
be justified in resorting to it, nay, we
will be required to do so if we find that
the language used by Parliament is
ambiguous or is too general though in
point of fact Parliament intended that
it should have a limited application."

: 278 :

It has been further held by the Hon'ble Apex Court in

STATE OF RAJASTHAN vs LEELA JAIN
reported in

AIR 1965 SC 1296 that preamble cannot be used to

eliminate the operative provisions of the statute as

unintended. It has been held:

"The preamble may, no doubt, be used
to solve any ambiguity or to fix the
meaning of the words which may have
more than one meaning but it can,
however, not be used to eliminate as
redundant or unintended, the
operative provisions of the statute."

23. Thus, an enactment including its preamble

must be read as a whole to decide whether any part of

the enacting provision is clear or ambiguous. If,

however, having read the Act as a whole, including the

preamble, the enacting words clearly negative the

construction which it is sought to support by the

preamble, that is an end of it. It has been held by the

Hon'ble Apex Court in the case of
STATE OF WEST

: 279 :

BENGAL vs UNION OF INDIA
reported in AIR 1963 SC

1241 that objects of the Act cannot be used to cut down

the generality of the words used in the statute. It has

been observed by the Hon'ble Apex Court as under:

"It is however well settled that
the Statement of Objects and Reasons
accompanying a Bill, when introduced
in Parliament, cannot be used to
determine the true meaning and effect
of substantive provisions of the
statute. They cannot be used except
for the limited purpose of
understanding the background and
the antecedent state of affairs leading
up to the legislation. But we cannot
use this statement as an aid to the
construction of the enactment or to
show that the legislature did not
intend to acquire the proprietary
rights vested in the State or in any
way to affect the State Government's
rights as owner of minerals. A
statute, as passed by Parliament, is
the expression of the collective
intention of the legislature as a whole,
and any statement made by an
individual, albeit a Minister, or the
intention and objects of the Act
cannot be used to cut down the
generality of the words used in the
statute. "

: 280 :

24. Keeping these principles in mind, when the

Statements, Objects and Reason of the impugned

enactment i.e., Act No.7/2014 is perused, it would

clearly emerge that the State Government having

admitted several Private Educational Institutions for

Grant-in-aid to improve the standard of education and

reduce the burden of management had extended salary

grant to teaching and non-teaching staff from the date

of grant and not from the date of their initial

appointment. Records would also indicate that several

employees both teaching and non-teaching being

aggrieved by non-consideration of initial date of

appointment for extending grant-in-aid, pay and other

benefits had questioned such denial and had sought for

reckoning the non-grant period for extending pay, leave,

promotion, pension and other service benefits. Records

would also indicate that several writ petitions filed by

such of those employees including petitioners herein

: 281 :

had been allowed by this Court and affirmed in Writ

Appeals and confirmed by the Hon'ble Apex Court.

However, in order to exclude the non-grant period

rendered by the employees in unaided institutions

which were subsequently brought under the Grant-in-

aid for the purpose of pay and pensionary benefits,

automatic advancement scheme, career advancement

scheme, impugned enactment has been brought about

on the ground that it would result in huge financial

implication to the State Exchequer. When preamble

of the Act is read in conjunction with the provisions of

impugned enactment, it would clearly indicate that it

disentitles the petitioners the benefit of fixation of pay

scale, annual increments, Time Bound Allowances,

pensionary benefits and other consequential benefits

from the date of their entry into service but they would

be entitled to such benefits from the date of approval of

their appointment with aid. In other words, the benefit

: 282 :

accrued and derived by the petitioners by virtue of the

order passed by this Court and which have also been

implemented by the State is sought to be nullified by

the impugned Act No.7/2014.

25. Keeping the aforestated aspects in mind,

further and deeper examination namely, the

constitutional validity of the Act is being examined in

the background of its challenge on the grounds already

noted hereinabove.

26. It is not in dispute that petitioners and

similarly placed persons had approached this Court for

reckoning the non-grant period to be treated as

qualifying years for the purposes of extending pay and

other service benefits and this Court having considered

the plea of the State which was to the effect that

Karnataka Education Act, 1993
and the Rules made

thereunder would enable the State to restrict the

employees working in aided institutions to grant salary

: 283 :

and other service benefits from the date of admitting

them to grant and not any period anterior to it and

rejected the same by delving upon
Section 87
of the

Education Act and Rule 3 of the Karnataka Educational

Institutions (Recruitment and Terms and conditions of

service of employees in Private Aided Primary and

Secondary Educational Institutions) Rules, 1999 by

holding that a conjoint reading of
Section 87
of the

Karnataka Education Act, 1993 and the Rules made

thereunder, it is clear that the intention of the State

Government is to grant parity to the teachers working in

all Government Schools as well as those working in

Private Schools vide judgment rendered by Division

Bench on 03.11.2009 in W.A.No.848/2008 and

connected matters. It came to be been held by the

Division Bench to the following effect:

"21. On a combined reading of
these provisions what emerges is that
under
Section 87
of the Act, conditions of
service of employees in recognized private

: 284 :

educational institutions must be on par
with the conditions of service of the State
Government Institutions. However, the
proviso states that with regard to
conditions of service including the
retirement for employees in educational
institutions such as the state aided
institutions can be prescribed otherwise
meaning thereby that the conditions of
service of aided institutions could be
varied as compared to the conditions of
service of teachers of Government
Institutions by means of Rules being
enacted. It is in view of this proviso the
2001 Rules and the 1999 Rules as well as
referred to above
have been
enacted."

27. The question whether the legislature has

kept itself within the jurisdiction assigned to it or has

encroached upon a forbidden field, is determined by

finding out the true nature and character of the

legislation. The Courts' strongly lien against a

construction which reduces the statute to a futility. A

statute or any enacting provision therein must be so

construed so as to make it effective and operative on the

principle expressed in the maxim "ut res magis valeat

quam pereat" - that the thing may rather have

: 285 :

effect than be destroyed; that the transaction may

be valid rather than invalid. It is on application of

this principle that Courts while pronouncing upon the

constitutionality of a statute start with a presumption in

favour of constitutionality and prefer a construction

which keeps the statute within the competence of the

legislature. There is, therefore a presumption that the

legislature does not exceed its jurisdiction and the

burden of establishing that the act is not within the

competence of the legislature, or that it has

transgressed other constitutional mandates such as

those relating to fundamental rights, is always on the

person who challenges its vires.

28. Lord Denning in the case of FAWCETT

PROPERTIES VS. BUCKINGHAM COUNTY COUNCIL

reported in 1960 (3) AIR 503 has observed thus:

"But when a statute has some meaning
even though it is obscured, or several
meanings, even though it has little to
choose between them, the Courts have to

: 286 :

say what meaning the statute is to bear
rather than reject it as a nullity."

29. A statute is designed to be workable and the

exercise undertaken by a Court should be to secure that

object unless crucial omission or clear direction makes

that ultimate end unattainable. If on one construction

a given statute would become ultra vires the powers of

the legislature, whereas on another construction, which

may be open and the statute remains effective and

operative, the Court will prefer the latter, on the ground

that the legislature is presumed not to have intended to

act in excess of its jurisdiction.

30. A perusal of statement of objects and

reasons assigned by the State while enacting Act

No.7/2014, it would indicate that the legislature with

an intent to remove the basis of the judgment rendered

by this Court has sought to ensure such decision is

rendered ineffective. The legislature, while removing the

: 287 :

basis of a judgment or its substratum can exercise its

power by bringing in a legislation to render such

judicial decision ineffective. If the legislature wants to

render a judicial decision ineffective, it can only do so

by removing or altering or neutralizing the legal basis of

the judgment which is sought to be made ineffective

and that neither the legislature nor the executive has

the power of simply declaring the earlier decision of the

Courts as invalid or not binding. In otherwords,

legislature has the power to remove the defect in the

statute pointed out by the Courts by amending Act and

removing such defect in the statute by validating such

Act retrospectively with the aid of legal fiction. It has

been held by Hon'ble Apex Court in the case of

M/S.TIRATH RAM RAJINDRA NATH, LUCKNOW VS.

STATE OF U.P. AND ANOTHER
reported in (1973)3

SCC 585 as under:

"7. Now coming to the second
contention of Dr.Singhvi, we fail to see
how the question of lack of power now

: 288 :

arises in view of Section 3-AB. While
developing his contention No.2,
Dr.Singhvi urged that the Legislature has
unauthorisedly encroached on the
judicial power. The amended
Section 3-

AB merely intradicts the decision
rendered by the High Court and has not
removed the want of power noticed by the
High Court. We are unable to accede to
this contention. The Legislature has not
purported either directly or by necessary
implication to overrule the decision of the
Allahabad High Court in Krishna Brick
Field's case (supra). On the other hand it
has accepted the decision as correct but
has sought to remove the basis of the
decision by retrospectively changing the
law. This court has pointed out in
several cases the distinction between
encroachment on the judicial power and
the nullification of the effect f a judicial
decision by changing the law
retrospectively. The former is outside the
competence of the Legislature but the
latter is within its permissible limits. In
the instance case what the Legislature
has done is to amend the law
retrospectively and thereby remove the
basis of the decision rendered by the
High Court. Such a course cannot be
considered as an encroachment on the
judicial power."

31. It has been further held by Hon'ble Apex

Court in the case of
I.N.SAKSENA VS. STATE OF M.P

reported in AIR 1976 SC 2250 that distinction between

: 289 :

a "legislative act" and a "judicial act" is well known

though in some specific instances the line which

separates one category from the other may not be easily

discernible. It has been held that such validating

legislation which removes the causes for ineffectiveness

or invalidity of actions is not an encroachment on

judicial power.

"22. While, in view of this
distinction between legislative and judicial
functions, the legislature cannot by a bare
declaration, without more, directly over-
rule, reverse or over-ride a judicial
decision, it may, at any time in exercise of
the plenary powers conferred on it by

Article 245
and
of the Constitution
render a judicial decision ineffective by
enacting a valid law on a topic within its
legislative field fundamentally altering or
changing with retrospective, curative or
neutralising effect the conditions on which
such decision is based. As pointed out by
Ray C.J. in
Indira Nehru Gandhi v. Raj
Narain
,(1) the rendering ineffective of
judgments or orders of competent courts
and tribunals by changing their basis by
legislative enactment is a well-known
pattern of all validating Acts. Such
validating legislation which removes the
causes for ineffectiveness or invalidity of
actions or proceedings is not an
encroachment on judicial power."

: 290 :

32. The legislature may, at any time, in exercise

of the plenary power conferred on it by
Article 245
and
of the Constitution render a judicial decision

ineffective by enacting a valid law. There is no

prohibition against retrospective legislation. The power

of the legislature to pass a law postulates the power to

pass it prospectively as well as retrospectively, which

would be subject to legislative competence. Thus,

rendering the judgments and orders of competent

Courts ineffective by changing their basis by legislative

enactment is a well known pattern of all validating Acts.

Such validating legislation which removes the causes of

ineffectiveness or invalidity of action or proceedings

cannot be construed as encroachment of judicial power.

If the legislature by passing an Act without altering the

statute on the basis of which the judgment was

pronounced, then such legislation will not nullify the

: 291 :

effect or force of the judgment pronounced by a Court in

any manner.

33. The learned Additional Advocate General has

very heavily relied upon the judgment of Hon'ble Apex

Court in the matter of
COMORIN MATCH INDUSTRIES

(PVT) LTD vs STATE OF TAMIL NADU
reported in

1996(4) SCC 281 to contend enacting validation law

with retrospective effect is within the competence of the

legislature and by amendment Act, judgment of the

High Court is being nullified to sustain the

constitutional validity of the impugned Act.

34. Assessment Orders for the assessment year

1957-58 to 1965-66 came to be challenged before the

High Court of Madras by COMORIN MATCH

INDUSTRIES PRIVATE LIMITED contending that it had

sold the Safety Matches manufactured by it, in the

course of inter-state trade and commerce for which

sales tax was charged under the
Central Sales Tax Act
,

: 292 :

1956 (for short 'CST'), on the ground that CST was

levied on turnover which included excise duty and no

CST can be levied on excise duty. Claim for refund of

the tax collected by the authorities were also made.

Similar writ petitions were also filed before the High

Court. The High Court of Madras allowed the writ

petition in the case of LARSEN AND TOUBRO LIMITED

vs JT.CTO reported in (1967) 20 STC (Mad.).

Following that decision, High Court allowed the writ

petition filed by the assessee - COMORIN MATCH

INDUSTRIES and other writ petitioners.
Though the

sales tax authorities did not file any appeal against the

judgment of COMORIN MATCH INDUSTRIES, but

preferred an appeal in respect of another assessee

before the Hon'ble Apex Court i.e., in the case of
STATE

OF MADRAS vs N.K.NATARAJA MUDALIAR
reported

in AIR 1969 SC 147. The Hon'ble Apex Court held that

provisions of sub-sections (2), (2-A) and (5) of
Section 8

: 293 :

of the Central Sales Tax were valid. However, it was

held that the tax on excise duty was illegal and affirmed

the decision of the High Court on the said issue.

35. The grievance of the assessee - COMORIN

MATCH INDUSTRIES was that despite the judgment of

the High Court, refund of the tax was not granted

though specific direction had been given by the High

Court to the said effect. The Hon'ble Apex Court in

NATARAJ MUDALIAR
's case, while disposing of the

appeal had directed as under:

"The appeal will be allowed and the
order passed by the High Court declaring
the provisions of
Sections 8(2)
,
(2-A) and
8(5) ultra vies must be set aside.

The petition out of which this appeal
arises was one of a group of petitions filed
before the High Court. Against orders
passed in favour of the other assessees the
State has not preferred appeals. The
amount involved in the claim is small. The
State apparently has approached this
Court with a view to obtain a final
determination of the important question
which was raised in the petitions filed
before the High Court. We therefore direct

: 294 :

that there will be no order as to costs in
this Court and in the High Court."

36. Yet another reason for which assessments

were set aside was on account of inclusion of excise

duty in the computation of 'turnover'. There was a

controversy as to how the turnover under the Central

Sales Tax should be computed. Under the T.N.General

Sales Tax Act, 1959 and the Rule, as it stood at the

material time, provisions had been made for deduction

of excise duty in the computation of chargeable

turnover. The High Court of Madras held that the

quantum of turnover for the purposes of levy of CST

had to be made in the same manner by excluding the

excise duty paid on the goods sold.

37.
The Central Sales Tax Act, 1956
was

amended by
Central Sales Tax (Amendment) Act, 1969
,

whereunder the definition of 'turnover' defined in

Section 2(j)
was amended and the working of
Section 9

: 295 :

was radically altered. The new provisions were deemed

always to have been substituted. The said amendment

was effected with a view to put an end to the

controversy whether "turnover" should be computed in

accordance with the provisions of the State Sales Tax

law or not. This amendment was brought about to get

over the view expressed by the Hon'ble Apex Court in

STATE OF MADRAS vs N.K.NATARAJA MUDALIYAR

reported in AIR 1969 SC 147 whereunder it had been

held that the Central Sales Tax had to be levied in the

same manner as provided in the Madras General Sales

Tax Act.

It had been held by Hon'ble Apex Court in

NATARAJA MUDALIYAR
's case referred to supra as

under:

"If under the Madras General Sales
Tax Act in computing the turnover the
excise duty is not liable to be included
and by virtue of
Section 9(1)
of the
Central Sales Tax Act has to be levied in
the same manner as the Madras General
Sales Tax Act, the excise duty will not be
liable to be included in the turnover....

: 296 :

We are of the view that in the matter of
determining the taxable turnover the
same rules will apply by virtue of
Section
9(1)
of the Central Sales Tax Act, whether
the tax is to be levied under the
Central
Sales Tax Act
or the
General Sales Tax
Act
."

When the Central Sales Tax Act
was examined by the

Madras High Court in LARSEN AND TOUBRO's case

referred to supra and the Hon'ble Apex Court in

NATARAJ MUDALIAR
's case, defined 'turnover' as

defined in
Section 2(j)
of the Central Sales Tax Act to

mean "the aggregate of the sales prices received and

receivable by him in respect of sales of any goods in the

course of inter-State trade or commerce made during any

prescribed period and determined in the prescribed

manner". By amending Act, the words "and determined

in the prescribed manner" were substituted by the

words "and determined in accordance with the provisions

of this Act and the Rules made thereunder".

This

amendment was given effect with retrospective effect

: 297 :

from the date on which the
Central Sales Tax Act
came

into force and thereby the basis of law on which

judgement in
N.K.NATARAJ MUDALIAR
's case was

pronounced was removed from the statute.

38. It is in this background, the Hon'ble Apex

Court in COMORIN MATCH INDUSTRIES (PVT) LTD

VS STATE OF TAMIL NADU reported in (1996)4 SCC

281 has held that the statute being what it was, the

judicial interpretation of the statute could not be held to

be erroneous by legislative imprimatur, but if the

statute itself was amended retrospectively so that the

very basis of the judgment disappear, then it could not

be said that the judgment was still in force and will

have to be given effect even though the legislature had

specifically laid down that amended law would operate.

It has been held by the Hon'ble Apex Court in said case

as under:

"16. Therefore, the majority view
appears to be that if a judgment is

: 298 :

pronounced by a court and the effect of
that judgment is sought to be taken away
by legislature by passing an Act without
altering the statute on the basis of which
the judgment was pronounced, then such
legislation will not nullify the effect or force
of the judgment pronounced by a court in
any manner. The statute being what it was,
the judicial interpretation of the statute
could not be held to be erroneous by
legislative imprimatur, but if the statute
itself was amended retrospectively so that
the very basis of the judgment
disappeared, then it could not be said the
judgment was still in force and will have to
be given effect to even though the
legislature had specifically laid down that
the amended law will operate
notwithstanding any judgment or decision
or decree by the court to the contrary. In
fact, that is how the judgment of Shri
Prithvi Cotton Mills Ltd. understood and
explained.

39. The power of validation is undisputed if

vested with the Legislature. For this proposition, the

judgment of Hon'ble Apex Court in the case of SRI

PRITHVI COTTON MILLS vs BROACH BOROUGH

MUNICIPALITY reported in (1969)2 SCC 283 can be

looked up.

: 299 :

40. The distinction between legislative and

judicial function is well known. Within the scope of its

legislative competence and subject to other

constitutional limitations, Legislature can exercise its

power to enact laws and said power is plenary in

nature. In exercise of such plenary power, Legislature

can enact law prospectively as well as retrospectively.

Where the statutory provision is interpreted by the

Court in a particular manner and directions are issued

for implementing the judgment in the light of the

interpretation placed on the statutory provisions, the

legislature need not pass a validating Act. In such

situation, the legislature in exercise of its plenary power

under
Article 245
and
can make a new Act altering

fundamentally the provisions which was the basis of the

judgment passed by the Court. This exercise can be

done with retrospective effect also.

: 300 :

41. As held by the Hon'ble Apex Court in the

case of
STATE OF TAMIL NADU VS. STATE OF

KERALA
reported in AIR 2014 SC 2407 that State can

validate the law by removing the defects pointed out by

the Court will have to be examined in the facts and

circumstances of each case. The question whether or

not the legislature has usurped the judicial power or

enacted a law in breach of separation of powers would

depend upon facts of each case after considering the

real effect of law on a judgment or a judicial proceeding.

Three primary tests which requires to be applied are:

(1) Whether the vice pointed by Court and
invalidity suffered by previous law is
cured, complying with legal and
constitutional requirements?

(2) Whether Legislature has competence to
validate the law?

: 301 :

(3) Whether such validation is consistent
with the rights guaranteed in part III of
the Constitution?

42. Thus, Court has a delicate function to

examine the law enacted by legislature to find out,

whether in fact legislature has exercised legislative

power by merely declaring an earlier judicial decision to

be invalid and ineffective or the legislature has altered

and changed the character of legislation which

ultimately render the judicial decision ineffective.

43. It has to be remembered that there is always

a presumption that legislature does not exceed its

jurisdiction. As such, burden of establishing that

legislature has transgressed constitutional mandate is

always on the person who alleges such violation and

who challenge the vires. It is to be remembered that

until and unless it becomes clear beyond reasonable

: 302 :

doubt that the legislation under challenge has

transgressed constitutional limits, Courts refrain from

interfering with such legislation and it will be allowed to

stand. The adjudication of the rights of the parties

according to law is a judicial function. When a

particular rule or the Act is interpreted by a Court of

law in a specified manner and the law making authority

forms the opinion that such an interpretation would

adversely affect rights of the parties and as such, a new

set of rules or laws is enacted, it is quite offen

challenged on the ground of the legislature having

transgressed its power or usurped the judicial power.

Thus, the Courts would have delicate function to

undertake and examine the new set of laws enacted by

the legislature and to find out whether in fact the

legislature has exercised the legislative power by merely

declaring an earlier judicial decision to be invalid and

ineffective or the legislature has altered and changed

: 303 :

the character of the legislation which ultimately may

render the judicial decision ineffective.

44. The Hon'ble Apex Court in the case of

STATE OF TAMIL NADU vs STATE OF KERALA

reported in AIR 2014 SC 2407 while examining the

constitutionality of
Kerala Irrigation and Water

Conservation (Amendment) Act, 2006
and declaring it

as unconstitutional in its application to and effect on

the Mullaperiar Dam was also examining the separation

of powers between legislature, executive and judiciary

and held that even without express provision of the

separation of powers, the doctrine of separation of

powers is an enshrined principle embodied in the

Constitution of India. It has been held by the Hon'ble

Apex Court after elaborate discussion on the issue of

doctrine of separation of powers under the

Constuitution of India and summarized it as under:

: 304 :

"121. On deep reflection of the
above discussion, in our opinion,
following are the constitutional principles
in the context of Indian Constitution
relating to separation of powers between
legislature, executive and judiciary may,
in brief, be summarized thus:

(i) Even without express
provision of the separation of
powers, the doctrine of
separation of powers is an
entrenched principle in the
Constitution of India. The
doctrine of separation of
powers informs the Indian
constitutional structure and
it is an essential constituent
of rule of law. In other
words, the doctrine of
separation of power though
not expressly engrafted in the
Constitution, its sweep,
operation and visibility are
apparent from the scheme of
Indian Constitution.

Constitution has made
demarcation, without
drawing formal lines between
the three organs -

legislature, executive and
judiciary. In that sense, even
in the absence of express
provision for separation of
power, the separation of
powers between legislature,
execution and judiciary is not
different from the
constitutions of the countries

: 305 :

which contain express
provision for separation of
powers.

(ii) Independence of courts from
the executive and legislature
is fundamental to the rule of
law and one of the basic
tenets of Indian Constitution.
Separation of judicial power
is a significant constitutional
principle under the
Constitution of India.

(iii) Separation of powers
between three organs -

legislature, executive and
judiciary - is also nothing
but a consequence of
principles of equality
enshrined in
Articles 14
of
the Constitution of India.

Accordingly, breach of
separation of judicial power
may amount to negation of
equality under
Articles 14.

Stated thus, a legislation can
be invalidated on the basis of
breach of the separation of
powers since such breach is
negation of equality under

Articles 14
of the
Constitution.

(iv) The superior judiciary (High
Courts and Supreme Court)
is empowered by the
Constitution to declare a law
made by the legislature

: 306 :

(Parliament and State
legislatures) void if it is found
to have transgressed the
constitutional limitations or
if it infringed the rights
enshrined in Part - III of the
Constitutions.

(v) The doctrine of separation of
powers applies to the final
judgments of the courts.

Legislature cannot declare
any decision of a court of law
to be void or of no effect. It
can, however, pass an
amending Act to remedy the
defects pointed out by a
court of law or on coming to
know of it aliunde. In other
words, a court's decision
must always bind unless the
conditions on which it is
based are so fundamentally
altered that the decision
could not have been given in
the altered circumstances.

(vi) If the legislature has the
power over the subject-

matter and competence to
make a validating law, it can
at any time make such a
validating law and make it
retrospective. The validity of
a validating law, therefore,
depends upon whether the
legislature possesses the
competence which it claims
over the subject-matter and

: 307 :

whether in making the
validation law it removes the
defect which the courts had
found in the existing law.

(vii) The law enacted by the
legislature may apparently
seem to be within its
competence but yet in
substance if it is shown as
an attempt to interfere with
the judicial process, such law
may be invalidated being in
breach of doctrine of
separation of powers. In
such situation, the legal
effect of the law on a
judgment or a judicial
proceeding must be
examined closely, having
regard to legislative
prescription or direction.

The questions to be asked
are, (i) Does the legislative
prescription or legislative
directions interfere with the
judicial functions? (ii) Is the
legislation targeted at the
decided case or whether
impugned law requires its
application to a case already
finally decided? (iii) What are
the terms of law; the issues
with which it deals and the
nature of the judgment that
has attained finality? If the
answer to (i) to (ii) is in the
affirmative and the
consideration of aspects

: 308 :

noted in question (iii)
sufficiently establishes that
the impugned law interferes
with the judicial functions,
the Court may declare the
law unconstitutional."

45. Thus, it would emerge from the scheme of

constitution that Legislature can render judicial

decision ineffective by enacting validating law within its

legislative field fundamentally altering or changing its

character retrospectively. However, said principle would

have no application where a judicial decision has been

rendered by recording a finding of fact and under the

pretence of such plenary power, legislature, cannot

nullify or neutralize the effect of the judgment rendered

after ascertainment of facts by means of evidence or

material placed by the parties to such dispute. A final

judgment once rendered would be operative and

executable until and unless altered by the Court itself in

appropriate proceedings.

: 309 :

46. Keeping the aforestated discussion in mind,

the constitutional validity of Act No.7/2014 is to be

tested. As held by Hon'ble Apex Court in
STATE OF

TAMIL NADU vs STATE OF KERALA
referred to supra,

a validating law is to be judged by applying three tests

namely,

(1) Whether the legislature possesses

competence over the subject

matter?

(2) Whether by validation the

legislature has removed the defect

which the Courts found in the

previous law? and,

(3) Whether it is inconsistent with

the provisions of Part III of the

Constitution?

: 310 :

47. Insofar as the first test is concerned, it

would not detain this Court for too long to hold that

there is not much challenge by the petitioners with

regard to the competency of the legislature to enact the

impugned Act namely, Act No.7/2014. Hence,

question of applying the first test and examining as to

whether the impugned Act would pass the said test

does not arise.

48. However, the other two tests namely,

whether the impugned Act is a validating Act brought

about to remove the defect which the Courts had

pointed out in the previous law or whether the

impugned Act is inconsistent or contrary to the

provisions of Part III of the Constitution will have to be

examined in the background of the law
laid down by

this Court in granting relief to the petitioners namely,

directing the State to reckon the non-grant period or the

date of initial appointment for the purposes of granting

: 311 :

pay, promotion, pension and other service benefits to be

granted to them which concededly was on account of

interpretative process adopted by this Court, by

declaring the law namely,
Karnataka Education Act,
and Rules made thereunder. Purportedly to plug

the said loop hole or the lacuna in the law, legislature in

exercise of its plenary power has brought about the

impugned enactment. Whether this Court had pointed

out any defect in the existing enactment and whether

on the basis of said defect, judgment came to be

rendered so as to enable the legislature to remove such

defect found in the previous law would be the primary

question. It is also to be examined as to whether the

impugned enactment is not opposed to Part III of the

Constitution of India or in other words, impugned

enactment is inconsistent with Part III of the

Constitution of India.

: 312 :

49. In Writ Appeal No.848/2008 c/w

W.A.No.450/2007 and other writ petitions, Division

Bench of this Court examined the contention of the

State which was to the effect that the non-grant period

of service of the lecturers/teachers cannot be taken into

consideration for paying pensionary benefits, by relying

upon
Section 87
of the Karnataka Education Act, 1993

and Rule 3 of the Karnataka Educational Institutions

(Recruitment and Terms and Conditions of Service of

Employees in Aided Colleges of Education and Teachers

Training Institutions) Rules, 2001 and Karnataka

Educational Institutions (Recruitment and Terms and

Conditions of Service of Employees in Aided Colleges)

Rules, 1999. However, Division Bench rejected said

contentions by holding that there is no contra

prescription insofar as the teachers of the aided

institutions are concerned and said Rule create a parity

: 313 :

between the Teachers of the Government colleges as

well as aided colleges.

50. Likewise, the serving as well as retired

teachers, assistant teachers and non-teaching staff who

have worked or working in aided private institutions

assailed the Government Order dated 25.03.2011

whereunder the claim made by those petitioners for

grant of one increment on account of their passing

Kannada Language examination came to be denied for

the period 1974-1987. Said order came to be quashed

before a co-ordinate Bench of this Court and this Court

by order dated 10.08.2012 upheld the contention of

employees. Same was assailed in Writ Appeal No.2779

& 4868-5434/2013 by the State before the Division

Bench. It was contended in the appeals by the State

that writ petitioners were not entitled to any benefits

which are applicable to Government servant and

teachers serving in the aided institutions cannot be

: 314 :

treated on par with the teachers serving in the

Government institution and mere passing of the

Kannada Examination by them, which was not

obligatory, would not entitle them to claim the

increment and as such, it was contended that the

learned Single Judge was not justified in directing that

monetary benefit being paid to them for passing of the

Kannada Language examination or same to be extended

to the teachers working in private aided institutions

also.
Section 87
of the Karnataka Education Act, 1993

and Rule 3 of Karnataka Educational Institutions

(Recruitment and Terms and Conditions of Service of

Employees in Private Aided Primary and Secondary

Educational Institution) Rules, came to be examined by

the Division Bench and direction issued by the learned

Single Judge to grant benefit of one increment to those

teaching and non-teaching staff of the aided institutions

: 315 :

on par with the Government schools was upheld. It has

been held by the Division Bench as under:

"On a conjoint reading of the Section
and the Rules along with Annexure-H, it
becomes clear that the intention of the
State Government is to grant parity to the
teachers working in all Government
schools as well as those working in private
schools. However, this is subject to the
financial capacity of the State Government.
It is in that regard that the proviso has
been inserted to Sub-Rule(b) of Rule 3(1),
so as to deny certain benefits to employees
of aided institutions. In the instant case, if
the State had intended to deny the benefit
of one incentive to the teachers and non-
teaching staff of private institutions on
passing of the Kannada language
examination, the same could have been
inserted in Annexure-II of the Rules. The
absence of such an insertion in Annexure-
II coupled with
Section 87
read with
Clause (b) of Sub-Rule(1) of Rule 3 makes
clear that there is no intention on the part
of the State Government to deny such a
benefit to the teachers of the aided
institutions. Moreover, conditions of
service of staff of private aided institutions
could be varied by the State Government
under Sub-Rule (2) of Rule 3. Such a
variation has not been pointed out insofar
as the respondents are concerned. In that
view of the matter, the learned Single
Judge was right in quashing Annexure-A
impugned in the writ petition and directing
the State to grant the benefit of one

: 316 :

increment to those teaching and non-
teaching staff of the aided institutions,
particularly the respondents herein, on
passing of the Kannada language
examination, on par with the Government
schools. In that view of the matter, the
impugned order does not call for any
interference in these appeals. The appeals
being devoid of merit are dismissed."

51. The legislature cannot by a bare declaration

without more, directly overrule, reverse or override a

judicial decision. However it may, at any time, in

exercise of the plenary powers conferred on it by
Article
and
of the Constitution render a judicial

decision ineffective by enacting a valid law on a topic

within its legislative field fundamentally altering or

changing with retrospective effect either curatively or

neutralizing the effect on which such decision is based.

Such validating legislation which removes the causes

for ineffectiveness or invalidity of actions or proceedings

is not an encroachment on judicial power. For this

proposition, judgment of the Hon'ble Apex Court in the

: 317 :

case of INDIRA NEHRU GANDHI vs RAJ NARAYAN

reported in AIR 1975 SC 2299 can be looked up.

52. Legislature while passing validating law and

providing an intended valid legislation must indicate the

defect pointed out in the judgment which otherwise

could not have been rendered. The intended legislation

must be curative legislation, not directly declaring the

judgment as ineffective. It has been held by the

Hon'ble Apex Court in
SAJJAN SINGH vs STATE OF

RAJASTHAN
reported in AIR 1965 SC 845 to the

following effect:

"It is also urged that inasmuch as
the impugned Act purports in substance
to set aside the decisions of courts of
competent jurisdiction by which some of
the Acts added to the Ninth Schedule
have been declared to be invalid, it is
unconstitutional. We see no substance in
this argument. It is hardly necessary to
emphasize that legislative power to make
laws in respect of areas entrusted to the
legislative jurisdiction of different
legislative bodies, can be exercised both
prospectively and retrospectively. The
constituent power conferred by
Art. 368

: 318 :

on the Parliament can also be exercised
both prospectively and retrospectively.
On several occasions, legislatures think it
necessary to validate laws which have
been declared to be invalid by Courts of
competent jurisdiction and in so doing,
they have necessarily to provide for the
intended validation to take effect
notwithstanding any judgment, decree or
order passed by a court of competent
jurisdiction to the contrary. Therefore, it
would be idle to contend fiat by making
the amendment retrospective, the
impugned Act has become
constitutionally invalid."

53. It has been held by the Hon'ble Apex Court

that though the legislature has power to validate an

invalid levy retrospectively and can change the

character of tax or duty from impermissible to

permissible but these principles would not apply if it is

in the form of a explanation, vide
M.P.CEMENT

MANUFACTURERS ASSOCIATION vs STATE OF

MADHYA PRADESH
reported in (2004)2 SCC 249. It

has been held as under:

"22. The legislature has the power to
validate an invalid levy and to do so

: 319 :

retrospectively. The prescription
provided in the context of judicially
invalidated legislation would not apply as
the 2001 amendment had not, till the
promulgation of the 2003 Act, been held
to be invalid by any court. The
legislature can also change the character
of the tax or duty from impermissible to
permissible but the tax or levy should be
within its legislative competence.
However, in our view, these principles
would not apply to the 2003 amendment
since it is in the form of an Explanation
to
Section 3(2)
. The object of an
Explanation to a statutory provision has
been culled out from the earlier judicial
decisions and succinctly restated in

S.Sundaram Pillai v. V.R.Pattabiraman
-
(1985) 1 SCC 591.

"53. Thus, from a
conspectus of the authorities

referred to above
, it is manifest that
the object of an Explanation to a
statutory provision is--

(a) to explain the meaning and
intendment of the Act itself,

(b) where there is any obscurity
or vagueness in the main
enactment, to clarify the same as to
make it consistent with the
dominant object which it seems to
subserve.

(c) to provide an additional
support to the dominant object of

: 320 :

the Act in order to make it
meaningful and purposeful,

(d) an Explanation cannot in any
way interfere with or change the
enactment or any part thereof but
where some gap is left which is
relevant for the purpose of the
Explanation, in order to suppress
the mischief and advance the
object of the Act it can help or
assist the court in interpreting the
true purport and intendment of the
enactment, and

(e) it cannot, however, take away
a statutory right with which any
person under a statute has been
clothed or set at naught the
working of an Act by becoming a
hindrance in the interpretation of
the same."

54. The power of the legislature to remove the

basis of a decision rendered by a competent Court in

exercise of its plenary power is an issue which is no

more res integra in view of the law
laid down by
Hon'ble

Apex Court in the case of
STATE OF H.P. AND

OTHERS vs. YASH PAL GARG (DEAD) BY LRS
. &

OTHERS reported in (2003)9 SCC 92.

Likewise, where

: 321 :

the legislature possess competence over the subject

matter and tries to remove the defect which the Courts

had found in the existing law and makes adequate

provision in the validating law, the constitutionality of

such law has been held to be upheld as held by the

Hon'ble Apex Court in
DHARAM DUTT AND OTHERS

vs UNION OF INDIA AND OTHERS
(2004)1 SCC 712.

55. However, if the judgment is delivered on the

principles of parity, while re-enacting the law with

retrospective effect, such Act can be questioned as one

being in violation of fundamental rights enshrined in

Part-III of Constitution. If the judgment is delivered on

the principle of parity i.e.
Article 14
of the Constitution,

then there is little scope or area left available to the

legislature to enact a law inasmuch as, there is nothing

left to be validated or defect to be cured. Such

legislation cannot be considered as curative legislation.

Where the judgments are held to be ineffective by

: 322 :

amending law, then exercise of power by the legislature

has to be held as having encroached upon the judicial

power. It has been held by Hon'ble Apex Court in the

case of
STATE OF HARYANA & OTHERS vs THE

KARNAL CO-OP. FARMERS' SOCIETY LIMITED

reported in AIR 1994 SC 1 to the following effect:

"31. Thus, it becomes clear that a
Legislature while has the legislative
power to render ineffective the earlier
judicial decisions, by removing or altering
or neutralising the legal basis in the
unamended law on which such decisions
were founded, even retrospectively, it
does not have the power to render
ineffective the earlier judicial decisions by
making a law which simply declares the
earlier judicial decisions as invalid or not
binding for such power if exercised would
not be a legislative power but a judicial
power which cannot be encroached upon,
by a Legislature under our Constitution.

32. In the instant case, the
Haryana State Legislature, by the
Amendment Act of 1981, has not made
any provision to include the lands and
immovable properties - the subject of the
civil Court's decrees, in 'Shamilat deh' so
as to bring them within the purview of
the principal Act. But, the provision

: 323 :

made therein merely directs the Assistant
Collector of First Grade, in effect, to
disregard or disobey the earlier civil
Courts' decrees and judicial orders by
which it had been held that certain lands
and immovable properties fell outside
'shamilat deh' regulated by the principal
Act. Such provisions inserted by the
Amendment Act of 1981 in the principal
Act by a Legislature are clearly
unconstitutional for they are to be
regarded as provisions made by
encroaching upon the judicial power.
Hence, the view of the High Court that
the provisions of the Amendment Act of
1981 which merely authorize the
Assistant Collector of First Grade to
decide the claims to the made before him
claiming certain lands or immovable
properties as 'shamilat deh' vesting in
Panchayats ignoring the judicial orders or
decrees, by which any right, title or
interest of private parties in such lands
or immovable properties are recognized
are unconstitutional, requires to be
upheld. Consequently, the provisions of
the Amendment Act of 1981, insofar as
they are intended to operate
retrospectively for nullifying the
adjudications made by civil Courts prior
to that Amendment Act are invalid,
inoperative and unconstitutional.

However, the provisions in the
Amendment Act of 1981, can

undoubtedly operate prospectively for
adjudicating upon claims to 'shalimat
deh' in proceedings initiated subsequent
to the commencement of that Act, if they

: 324 :

do not, in any way, disturb the finality of
adjudications made earlier."

56.
In this connection, the judgment of the

Hon'ble Apex Court in the case of
MUNICIPAL

CORPORATION OF CITY OF AHMEDABAD vs NEW

SHOROCK SPINNING & WEAVING COMPANY

LIMITED
reported in AIR 1970 SC 1292 can be noticed

whereunder the High Court as well as the Apex Court

has held that the property tax collected for certain years

by the Municipal Corporation was illegal. In order to

nullify the effect of the decision, the State Government

introduced Section 152-A by an amendment to the Act,

the effect of which was to command the Municipal

Corporation, to refuse to refund the amount illegally

collected despite the orders of the High Court as well as

Apex Court. In this background, it was held that said

provision makes direct in-road into the judicial powers.

It was further held that no legislature in the country

: 325 :

has power to ask the instrumentalities of the State to

disobey or disaregard the decision given by the Courts.

Consequently, the amended provision was held to be

repugnant to the Constitution and struck down.

57. The legislature can change the basis on

which decision is rendered by the Court and thus,

changed the law in general, which will affect a class of

persons and events at large. It cannot, however, set

aside an individual decision inter parties and affect their

rights and liabilities alone. Such an act on the part of

the legislature amounts to exercising the judicial power

of the State and to function as an appellate Court or

Tribunal. This view is fortified by the law laid downby

the Hon'ble Apex Court in the matter of: CAUVERY

DISPUTES TRIBUNAL reported in 1993 supplment (1)

SCC 96(II).

: 326 :

58. The legislature cannot assume power of

adjudicating a case by virtue of its enactment of the law

without leaving it to the judiciary to decide it with

reference to the law in force. The legislature also is

incompetent to over rule the decision of a Court without

properly removing the base on which the judgment is

found. The Hon'ble Apex Court in
INDIAN ALUMINIUM

COMPANY & OTHERS vs. STATE OF KERALA

reported in (1996) 7 SCC 637 while examining the

validity of
Section 11
of Kerala Electricity Surcharge

(levy and collection) Act, 1989 (Act 22 of 1999) and

further provision permitting non-refund of the amount

collected has laid down the parameters for examining

the constitutionality of validating Act by the Courts in

the following manner:

"56. From a resume of the above
decisions the following principles would
emerge:

(1) The adjudication of the rights
of the parties is the essential

: 327 :

judicial function. Legislature
has to lay down the norms of
conduct or rules which will
govern the parties and the
transactions and require the
court to give effect to them;

(2) The Constitution delineated
delicate balance in the
exercise of the sovereign
power by the legislature,
executive and judiciary;

(3) In a democracy governed by
rule of law, the legislature
exercises the power under

Articles 245
and
and
other companion articles
read with the entries in the
respective lists in the
Seventh Schedule to make
the law which includes power
to amend the law.

(4) Courts in their concern and
endeavour to preserve
judicial power equally must
be guarded to maintain the
delicate balance devised by
the Constitution between the
three sovereign functionaries.

In order that rule of law
permeates to fulfil
constitutional objectives of
establishing an egalitarian
social order, the respective
sovereign functionaries need
free play in their joints so
that the march of social

: 328 :

progress and order remains
unimpeded. The smooth
balance built with delicacy
must always be maintained;

(5) In its anxiety to safeguard
judicial power, it is
unnecessary to be
overzealous and conjure up
incursion into the judicial
preserve invalidating the
valid law competently made;

(6) The court, therefore, needs to
carefully scan the law to find
out:

(a) whether the vice pointed
out by the court and
invalidity suffered by
previous law is cured
complying with the legal and
constitutional requirements;

(b) whether the legislature
has competence to validate
the law: (c) whether such
validation is consistent with
the rights guaranteed in Part
III of the Constitution.

(7) The court does not have the
power to validate an invalid
law or to legalise impost of
tax illegally made and
collected or to remove the
norm of invalidation or
provide a remedy. These are
not judicial functions but the
exclusive province of the
legislature. Therefore, they

: 329 :

are not encroachment on
judicial power.

(8) In exercising legislative
power, the legislature by
mere declaration, without
anything more, cannot
directly overrule, revise or
override a judicial decision.
It can render judicial
decision ineffective by
enacting valid law on the
topic within its legislative
field fundamentally altering
or changing its character
retrospectively. The changed
or altered conditions are
such that the previous
decision would not have been
rendered by the court, if
those conditions had existed
at the time of declaring the
law as invalid. It is also
empowered to give effect to
retrospective legislation with
a deeming date or with effect
fro the particular date. The
legislature can change the
character of the tax or duty
from impermissible to
permissible tax but the tax or
levy should answer such
character and the legislature
is competent to recover the
invalid tax validating such a
tax on removing the invalid
base for recovery from the
subject or render the
recovery from the State

: 330 :

ineffectual. It is competent
for the legislature to enact
the law with retrospective
effect and authorize its
agencies to levy and collect
the tax on that basis, make
the imposition of levy
collected and recovery of the
tax made valid,
notwithstanding the
declaration by the court or
the direction given for
recovery thereof.

(9) The consistent thread that
runs through all the
decisions of this Court is that
the legislature cannot
directly overrule the decision
or make a direction as not
binding on it but has power
to make the decision
ineffective by removing the
base on which the decision
was rendered, consistent
with the law of the
Constitution and the
legislature must have
competence to do the same."

59. A bare reading of above dicta
laid down by

Hon'ble Apex Court would indicate that the legislature

by mere declaration without anything more, cannot

directly over rule, revise or over write a judicial decision.

: 331 :

It has been held that the consistent thread that runs

through all the decisions of the Apex Court is that the

legislature cannot directly over rule the decision or

make a direction as not binding on it but has power to

make the decision ineffective by removing the base on

which the decision was rendered, consistent with the

Constuitution of India. The State has to establish that

due to absence of the provision found in the amending

Act, such judgment came to be rendered and this was

the defect pointed out by the Court and to cure the

defect pointed out, amending Act or amendment was

being brought in.

60. It is well settled by catena of judgments that

when the Courts in exercise of power of judicial review

have declared a particular statute to be invalid, the

legislature has no power to over rule the judgment.

However, it has the power to suitably amend the law by

: 332 :

use of appropriate phraseology by removing the defects

pointed out by the Court for its effective enforcement.

61. Where the legislature validates the executive

action repugnant to the statutory provision declared by

the Court of law, what the legislature is required to do

is, first to remove the very basis of invalidity and then

validate the executive action. In order to validate the

executive action or any provision of a statute, it is not

sufficient for the legislature to declare that a judicial

pronouncement given by a Court of law would not be

binding as the legislature would not possess that power.

62. In the instant case, the decisions rendered

by the Courts insofar as petitioners and similarly placed

persons are concerned relates to pay parity, grant of

increment on par with teachers working in Government

institutions, payment of pension and grant of other

: 333 :

service benefits which is based on
Article 14
of the

Constitution. Thus, it is a fundamental right which has

accrued to the petitioners as a matter of interpretation

of
Section 87
of Karnataka Education Act, 1993 and

Rules made thereunder by applying the principle of

'equal pay for equal work' financial benefits have been

extended to the petitioners and similarly placed

persons, which again is based on the principles
laid

down in

Article 14
and
of the Constitution.
The

impugned enactment by the legislature in exercise of its

plenary power would take away the judicial

pronouncement which have been based on
Article 14
of

the Constitution and as such, the impugned enactment

will have to be necessarily held as opposed to
Article 14

of the Constitution and thereby it fails to pass one of the

tests as indicated by the Hon'ble Apex Court in
STATE

OF TAMIL NADU vs STATE OF KERALA
reported in

AIR 2014 SC 2407 referred to supra.

: 334 :

63. At this juncture, it would be apt to note the

judgment of Hon'ble Apex Court in the matter of

CHANDIGARH ADMINISTRATION vs RAJNI VALI

(Mrs.
) reported in (2000)2 SCC 42 wherein the Hon'ble

Apex Court has opined that it is the duty of all the

States in India to facilitate the imparting of primary and

secondary education and the grant-in-aid to the private

schools is a constitutional obligation, which the States

cannot ignore and it is also held that State

Administration cannot plead lack of resources to meet

such contingency. It has been held by the Hon'ble Apex

Court as under:

"10. Coming to the contention of
the appellants that the Chandigarh
Aministration will find it difficult to bear
the additional financial burden if the claim
of the respondents 1 to 12 is accepted, we
need only say that such a contention
raised in different cases of similar nature
has been rejected by this Court. The State
Administration cannot shirk its
responsibility of ensuring proper
education in schools and colleges on the
plea of lack of resources. It is for the
Authorities running the Administration to

: 335 :

find out the ways and means of securing
funds for the purpose. We do not deem it
necessary to consider this question in
further detail. The contention raised by
the appellants in this regard is rejected. It
is, however, clarified that the proportion in
which the additional burden will be shared
by the Chandigarh Administration and the
Management of the school will be in
accordance with the Grant-in- aid Scheme
applicable to the school from time to time.
The judgment of the High Court that the
sharing of the financial burden will be in
the ratio of 95 % to 5% is modified
accordingly."

64.
In fact, directions came to be issued by the

Hon'ble Supreme Court way back in the year 1998 in

the case of
HARYANA STATE ADHYAPAK SANGH &

OTHERS vs STATE OF HARYANA & OTHERS
reported

in AIR 1988 SC 1663 to the effect that teachers of the

aided schools must be paid the same pay scales and

dearness allowance as teachers in Government schools

for the entire period claimed by petitioners, and that the

expenditure on that account should be apportioned

between State and the management in the same

: 336 :

proportion in which they share the burden of the

existing emoluments of the teachers which direction

was reiterated by the Hon'ble Apex Court on 21.02.1990

between the same parties reported in reported in AIR

1990 SC 968 with a direction to the State to pay scales

of the teachers of the Government aided schools so as to

bring them at par with the pay scales of teachers of

Government schools with effect from 01.04.1979 and

also additional dearness allowance on the basis of

revised pay scales for the period 01.04.1979 to

31.12.1985 in five instalments.

65. In this background, it requires to be noticed

that the impugned Act namely, Act No.7/2014 enacted

by the State legislature in exercise of its plenary power

is sought to be defended on two grounds namely,

(1) It causes financial burden to the State;

and

: 337 :

(2) Petitioners and similarly placed
employees working in Government
aided institutions do not have right to
claim monetary and service benefits
from the date of their initial
appointment.

It is the same plea which came to be put forward by the

State when petitioners and similarly placed persons had

approached this Court seeking for pay parity on par

with the employees working in Government institutions.

By interpretative process, this Court has consistently

held in catena of judgments that
Section 87
when read

with
Section 49
of the Karnataka Education Act, 1993

does not leave any iota of doubt to arrive at a conclusion

about there cannot be any discrimination between two

types of teachers discharging same duties and thereby it

came to be held that pay parity by way of differenciation

between the teachers working in Government aided

institutions and teachers working in aided institutions

: 338 :

would amout to discrimination and is hit by
Article 14

of the Constitution of India.

66. The judgments rendered by this Court as

affirmed by Division Bench and confirmed by Hon'ble

Apex Court has not extended the benefit to the

petitioners on the basis of any lacuna either in the

Karnataka Education Act, 1993
or the Rules made

thereunder and thereby enabling the legislature to fill

up the said defect or loop hole or lacuna in the

enactment through the impugned enactment. However,

on the touch stone of
Article 14
,
Section 87
of

Karnataka Education Act, 1993 has been held to be

discriminatory. The legislature nor the executive has

the power to simply declare the decisions of the Court

as invalid or not binding. The State has not taken into

consideration any fresh material nor it has taken into

consideration any report from competent and expert

bodies to arrive at a conclusion that the impugned

: 339 :

enactment is brought about as a curative legislation.

The Courts in the instant case have not found or

declared any law to be invalid so as to enable the

legislature to exercise its plenary power to remove or

alter or neutralize the legal basis in the unamended law.

67. In fact, at this juncture, it would be apt to

note the subsequent event also that arose during the

pendency of these writ petitions namely, amendment

brought about to
Section 87
of the Karnataka Education

Act by way of Ordinance whereunder the words "and

benefits of retirement" found in the proviso to
Section
of the Act was sought to be omitted and the provisos

indicated thereunder was sought to be inserted. The

above said omission and insertion which were sought to

be included under the Karnataka Education

(Amendment) Ordinance, 2014 (Karnataka Ordinance

1 of 2014) reads as under:

: 340 :

"2. Amendment of
Section 87
. -

In the Karnataka Education Act, 1983

(Karnataka Act
1 of 1995), in
section 87
,-

(a) in the proviso the words "and
benefits of retirement" shall be omitted;
and

(b) after the proviso, the following
provisos shall be inserted, namely:-

"Provided further that
conditions of service of the
employees working in aided
educational institutions shall
be as such as may be
determined by the State
Government from time to time.

Provided also that since
1974 no employee of the aided
institution is required to
appear and pass any Service
Examination or the Kannada
Language Examination as
prescribed in the Karnataka
Civil Service (Service and
Kannada Language
Examination) Rules, 1974 no
such employee shall be eligible
for or be granted any
additional increment for
having passed or deemed to
have been passed said
examination from the date of
commencement of said rules."

3. Cancellation of sanction of
Additional increment and
extinguishment of claims, if any.- (1)

: 341 :

Notwithstanding anything contained in
the
Karnataka Education Act, 1983

(Karnataka Act
1 of 1995), any order of
the State Government or rules governing
the conditions of employees of any Private
aided Educational Institution or any
other Law governing the Grant in aid to
the above employees or any Judgment,
decree or order of any Court or Tribunal
or Authority no employees of an aided
institution is required to pass any Service
or Kannada Language examination or be
eligible for or be granted any additional
increment for having passed or deemed to
have been passed any such examination
as prescribed to Government Servants in
the Karnataka Civil Services (Service and
Kannada Language examination) Rules,
1974 and any claim of an employee of a
Private Educational Institution for
sanction of any additional increment for
the above reason shall stand
extinguished, accordingly,-

(a) the order issued by
Government directing to sanction any
additional increment for the above
reason shall stand cancelled;

Provided that any amount paid
as per the order now cancelled
towards said additional increment
shall not be recovered;

(b) no suit or other proceeding
shall be maintained or continued in
any Court against the Government by
any employee of Private Aided
Educational institution claiming
additional increment for the said

: 342 :

purpose or arrears thereof or for
pensionary benefits by reckoning the
said additional increment;

(c) no Court shall enforce any
decree or order directing release of
grant in aid taking into account the
additional increment for having
passed or deemed to have been passed
the Service examination or the
Kannada Language Examination by an
employee of Private aided Educational
Institution."

68. At the cost of repetition, it requires to be

noticed that said Ordinance having not been brought

before the Legislature, it has failed and thereby

amended provision brought to
Section 87
of the

Karnataka Education Act, 1993 is not to be found or in

other words, unamended
Section 87
stands as on date.

Thus,
Section 87
of the Karnataka Education Act, 1993

having been interpreted by this Court as it is and held

that not taking into consideration the date of entry into

service for the purposes of pay, promotion, pension and

other service benefits to the petitioners and similarly

: 343 :

placed employees would tantamount to discrimination

and hit by
Article 14
of the Constiutition of India,

Legislature is now precluded from nullifying the effect of

judgments rendered by this Court by impugned Act in

exercise of its plenary power since it is not validating

any law declared by the Courts as invalid or defective.

Thus, the very foundation or the basis for the impugned

Act is lacking. Consequently, it has to be held that the

legislature has transgressed its power and has

encroached the judicial arena through the impugned

enactment. Thereby, the impugned Act also does not

pass the second test prescribed by the Hon'ble Supreme

Court in the case of
STATE OF TAMIL NADU vs STATE

OF KERALA
reported in AIR 2014 SC 2407.

69. Yet another contention which has been

raised by Sri A.G.Shivanna, learned Additional Advocate

General is that State of Andhra Pradesh had enacted

similar law and same has been upheld by the High

: 344 :

Court of Andhra Pradesh when examined, it requires to

be taken note of for purposes of rejection for reasons

more than one. State of Andhra Pradesh enacted

Andhra Pradesh Private Aided Educational Staff

(Regulation of Pay) Ordinance, 2005 (Ordinance 3 of

2005) relating to certain service conditions of the

employee both teaching and non-teaching of the

educational institutions run by private organizations.

The validity of the said Ordinance had come up for

consideration before the Division Bench of High Court of

Andhra Pradesh in the matter of Y.SIDDAREDDY vs

GOVERNMENT OF ANDHRA PRADESH reported in

(2006)1 ALT 354 and held as follows:

"67. Under
Section 4
, the
Legislature purports to extinguish the
rights created under the automatic
advancement scheme and the career
advancement scheme, the benefits of
which are made available to those
employees who had rendered certain
minimum qualifying service.
Section 4
of
the Act purports to extinguish the claims
of the employees of the private aided
educational institutions with regard to

: 345 :

the above mentioned four aspects of the
service based on any government order or
any judgment of the Court below or
tribunal. A plain reading of the section
purports to extinguish the rights of the
employees through the various orders on
the basis of which such rights were
created. Though the learned Advocate
General argued that the intention of the
Legislature is only to extinguish such
rights vis-a-vis the State, the section does
not make any distinction between the
obligation of the State and the obligation
of the management to give the benefits as
contemplated under the various GOs. It
mainly purports to extinguish the right
itself thereby relieving even the
managements from the obligation to
extend the benefits conferred under the
various government orders. We fail to
understand the whole exercise
undertaken by the State. On one hand,
the continued existence of the benefits
created under the automatic
advancement scheme and career
advancement scheme is recognized in the
Ordinance, but on the literal construction
of
Section 4
, it purports to extinguish the
rights flowing from such schemes. In our
view, the enactment is a product of an
absolute misconception of law and
inability of the draftsman to handle
the problem. The State in an attempt
to escape the financial liability arising
out of a plethora of ill-conceived
orders issued earlier resorted to the
impugned retrospective legislation by
which it not only proposes to escape
the financial liability - we make it clear

: 346 :

the State indeed is entitled to escape -
but also extinguish the rights of the
employees vis-avis the managements. The
State also ignored the fact that it owes a
constitutional obligation to extend the
necessary financial support to the
educational institutions imparting
education to children below 14 years. The
Ordinance does not make any distinction
between the educational institutions
imparting education to the children below
14 years and those imparting education
to children above 14 years. This kind of
grouping of SUBJECTS ignoring the
constitutionally settled differentia, in
our view, itself renders the legislation
irrational and arbitrary. In our view,
therefore, the Ordinance, as it is, is
required to be declared
unconstitutional as violating the

Article 14
of the Constitution of India.
We accordingly declare so. The Writ
Petition is allowed as prayed for".

(Emphasis supplied)

70. Facts narrated in the above judgment are

some what similar to facts obtained in the instant case.

GVK Girls High School was admitted to grant-in-aid

with effect from 01.09.1985 as per the
Andhra Pradesh

Education Act
. The arrears of salary to the Head

Mistress and Staff of the school were not paid. As such,

: 347 :

a writ petition came to be filed and State was directed to

pay the arrears. However, it was noticed by the Court

that during the pendency of writ petitions, G.O. dated

28.04.1994 was issued refusing to pay the arrears.

Hence, direction came to be issued to the State to pay

the arrears. It is thereafter the State came forward

with a legislation by way of Andhra Pradesh Act, 34 of

1995 with retrospective effect from 17.10.1989

whereunder it permitted denial of "arrears" of grant-in-

aid whenever such arrears were claimed under any

judgment, decree or order of Court or other authority or

any order issued by Government. In the writ Appeal

filed by the State against the learned Single Judge's

order, State relied upon the said legislation to get over

the judgment of the learned Single Judge. In this

background, Division Bench held that legislature could

not set aside the judgment of the High Court by Act

No.34 of 1995 by dismissing the Writ Appeal No.1745 of

: 348 :

dated 06.08.1996 and affirming the judgment of the

learned Single Judge. This judgment of the Division

Bench was carried by the State by way of Special Leave

Petition before the Hon'ble Apex Court which was later

converted as Civil Appeal No.2428/1997. The Hon'ble

Apex Court has held to the following effect:

"Act 22/1995 cannot set aside
the judgment of the learned Single
Judge. Now
section 2
of the Act
34/95 also purports to nullify the
effect of the judgment of the learned
Single Judge. It is well settled that
the legislature cannot overrule a
judgment by passing a law to that
effect unless it removes the basis of
the legal rights upon which the
judgment is based, with retrospective
effect and provided there is no
violation of any constitutional
provision in such withdrawal of rights
retrospectively.

In the present case, we are not
going into the question whether any
provision of the Constitution is
violated while passing Act 34/95
denying arrears of grant-in-aid
retrospectively. However, in our view,
inasmuch as the rights created by Act
1/82 and Act read with the

: 349 :

Committee's recommendations have
not been nullified by Act 22/95, the
judgment of the learned Single Judge
remains effective. The basis of the
judgment has not been removed. We
have already shown that the rights
flowing from the Acts were not
touched."

71. Thus, from the perusal of the order passed

by the Hon'ble Apex Court, it would clearly indicate that

judgment of Andhra Pradesh High Court came to be

affirmed. It was held by the Andhra Pradesh High Court

that Ordinance was unconstitutional and as such,

amendment brought to
Andhra Pradesh Education Act

came to be struck down. In that view of the matter, the

said amendment cannot be held as being in parimateria

with
Karnataka Education Act, 1993
. In that view of the

matter, contention of the learned Additional Advocate

General that amendment brought to
Andhra Pradesh

Education Act
is similar to the impugned Act if accepted

also, then the necessary consequence would be to hold

: 350 :

the present impugned enactment as also violative of

Article 14
of the Constitution of India.

72. One another contention which has been

raised by the State is that 'Doctrine of Small Repairs'

is applicable to the impugned enactment and the

legislature in order to carry out the object of the

principal Act has resorted to enact the impugned Act.

Hence, it is contended that impugned Act does not

suffer from any vice for being struck down.

73. Whenever a tax payer would challenge the

levy of tax before the Courts, scrutiny of legal provisions

is undertaken by the Courts to decide whether the levy

of tax is legally valid or suffers from some infirmity. In

the event of Court arriving at a conclusion that such

levy of tax was not warranted on account of defect in the

enactment or the phraseology used in the statutory

: 351 :

provisions or any other infirmity, order for refund. The

legislature in such circumstances undertake to enact

law to remove or rectify the defect or the lacuna and

also validate the proceedings including retaining or

withholding tax already recovered by retrospective

operation. Such an amending and validating Act to

make "small repairs" is permissible mode of legislation

which is frequently resorted to in Fiscal enactments

which has been approved by the constitutional bench of

the Hon'ble Apex Court in the case of
ASSISTANT

COMMISSIONER OF URBAN LAND TAX AND OTHERS

vs THE BUCKINGHAM AND CARNATIC COMPANY

LIMITED, ETC
. reported in (1969)2 SCC 55. Keeping

the principles enumerated by Hon'ble Apex Court in

mind, when the impugned Act is examined, it would not

even remotely suggest that the Courts while interpreting

Section 87
of the Karnataka Education Act and the

Rules made thereunder had found any infirmity or

: 352 :

lacuna in the said enactments so as to enable the

legislature to exercise its plenary power to remove such

defect or lacuna in the enactment and thereby render

the judgments already delivered by the Courts to be

ineffective.

On the other hand, the impugned

enactment has been brought about on the ground that

it would cause financial burden on the State which has

already been dealt by this Court hereinabove and it has

been held that State Administration cannot shirk its

responsibility of ensuring proper education in schools

and colleges on the plea of lack of resources and it is for

the authorities to find out ways and means of securing

funds for the said purpose as held by the Hon'ble Apex

Court in the case of
CHANDIGARH ADMINISTRATION

case referred to supra.

: 353 :

74. For the reasons aforestated, I proceed to

pass the following:

ORDER

(i) Writ Petitions are hereby allowed.

(ii) The Karnataka Private Aided
Educational Institutions Employees
(Regulation of Pay, Pension and other
Benefits) Act, 2014
(Karnataka Act

No.07/2014) is hereby struck down as
ultravires of Constitution of India as it
is opposed to
Article 14
of Constitution
of India and also encroaches upon the
judicial powers of the Courts as
discussed herein above.

(iii) Respondent - State shall continue to
pay salary or pension as the case may
be, to petitioners and similarly placed
persons as was being paid pursuant to
its earlier orders or in other words, as
it was being paid prior to impugned
enactment.

: 354 :

OR

Respondent-State shall comply with
the directions already issued by this
Court extending the monetary benefits
and treating the petitioners working in
Private Aided Educational Institutions
on par with the employees working in
Government Institutions.

(iv) In the event of respondent - State
having recovered any amount/s
pursuant to the impugned enactment,
same is hereby ordered to be refunded
to the respective petitioner/s by the
State expeditiously, at any rate within
eight weeks from the date of receipt of
certified copy of this order.

(v) No order as to costs.

Ordered accordingly.

Sd/-
JUDGE
*sp