SHIVU MASTI MUKRI S/O MASTI MUKRI vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17953
WP No. 104613 of 2023
CNR: KAHC020119142023
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO.104613 OF 2023 (S-REG)
BETWEEN:
SHIVU MASTI MUKRI S/O. MASTI MUKRI,
AGE. 51 YEARS, OCC. ATTAINDER
SDM COLLEGE, HONNAVAR,
R/O. HARNIR, POST. DHARESHWAR-581327,
TQ. KUMTA, DIST. UTTARA KANNADA.
…PETITIONER
(BY SRI. LAXMAN T.MANTAGANI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY, DEPARTMENT
OF COLLEGE EDUCATION,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BANGALURU-560001.
2. THE REGIONAL JOINT DIRECTOR,
FOR COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA, DHARWAD-580001.
3. THE MALNAD PROGRESSIVE EDUCATION
SOCIETY’S (REGD) SDM COLLEGE,
HONNAVR-581334, UTTARA KANNADA DIST.
REPRESENTED BY ITS PRINCIPAL.
Digitally signed by
THEJAS KUMAR N
Location: High
Court of
Karnataka,
Dharwad Bench
4. THE MALNAD PROGRESSIVE
EDUCATION SOCIETY’S (REGD)
HONNAVAR-581334, UTTARA KANNADA DIST.
REPRESENTED BY ITS PRESIDENT.
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WP No. 104613 of 2023
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5. SUJNANABHAI CHANDRASHEKAR DHARENAVAR
C/O. N B SHARMA,
AGE. 48 YEARS, OCC. HOUSE WIFE/
SELECTED CANDIDATE
OF ATTAINDER SDM COLLEGE,
R/O. SHIVANANGAR, THORAVI ROAD,
VIJAYAPUR-596102.
…RESPONDENTS
(BY SRI. SHARAD MAGADUM, AGA FOR R1 AND R2;
SRI. DINESH M.KULKARNI, ADVOCATE FOR R4;
SMT. MANJULA MUNAVALLI, ADVOCATE FOR R5
NOTICE TO R3 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I)
ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED
ENDORSEMENT DATED: 11/04/2023 IN BEARING
NO. ISSUED BY THE
PÁ²E/¥ÁæPÀzsÁ/¨ÁåPï- ÁUï/fEJ¸ï-4/2013-14/4681
RESPONDENT NO.2 VIDE ANNEXURE-G. II) ISSUE ANY OTHER
ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT IN
THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
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HC-KAR
NC: 2026:KHC-D:17953
WP No. 104613 of 2023
CNR: KAHC020119142023
ORAL ORDER
This Writ Petition is filed seeking the following reliefs:
“i) Issue a Writ of certiorari quashing the impugned
endorsement dated: 11/04/2023 in bearing
No. PÁ²E/¥ÁæPÀzsÁ/¨ÁåPï- ÁUï/fEJ¸ï-4/2013-14/4681 issued by
the Respondent No.2 vide Annexure-G.
ii) Issue any other order or direction as this Hon’ble court
deems fit in the circumstances of the case, in the
interest of justice and equity.”
2. This Court on 17.09.2026 passed the following
order:
“Though notice served on respondents No.3 and
4/institution, they remain unrepresented.
The lis involved in this matter requires the
assistance of the institution. In that view of the
matter, the learned AGA is directed to secure the
presence of a responsible person on behalf of the
management of the institution through the
Education Department and the said person shall be
present before the Court on 28.09.2026 to make
submission on the post against which both the
petitioner as well as respondent No.5 are staking
their claim. Any failure on the part of the said
management would be viewed seriously, including a
direction to Education Department to withhold
grant-in-aid.
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List this matter on 28.09.2026.”
3. Subsequently, when the matter was listed on
28.09.2026, this Court passed the following order:
“This Court 17.09.2026 has passed the
following order:
“Though notice served on respondents No.3
and 4/institution, they remain unrepresented.
The lis involved in this matter requires the
assistance of the institution. In that view of the
matter, the learned AGA is directed to secure the
presence of a responsible person on behalf of the
management of the institution through the
Education Department and the said person shall be
present before the Court on 28.09.2026 to make
submission on the post against which both the
petitioner as well as respondent No.5 are staking
their claim. Any failure on the part of the said
management would be viewed seriously, including a
direction to Education Department to withhold
grant-in-aid.
List this matter on 28.09.2026.”
Learned AGA has filed a memo today along
with an intimation dated 19.09.2026. However, in
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WP No. 104613 of 2023
CNR: KAHC020119142023
the intimation, the Writ Petition number is shown
wrongly as W.P.No.104613/2013 instead of
W.P.No.104613/2023.
In view thereof, list this matter on 12.10.2026.
In the meanwhile, the concerned officer to issue
proper notice to the concerned school/society and
mentioning the proper writ petition number and
year.
The concerned respondent Nos.3 and 4 shall be
present before this Court on the date fixed i.e.,
12.10.2026. Any failure, it would be viewed
seriously in terms of the order dated 17.09.2026.”
4. On the request of Sri.Dinesh M. Kulkarni,
learned counsel appearing for respondent Nos.3 and 4, on
14.10.2026, this Court passed the following order:
“Pursuant to the order dated 13.10.2025, the
Principal of Respondent No.4-institution is present.
His present is noted.
Sri Dinesh M. Kulkarni, learned counsel for the
petitioner, submits that he would obtain proper
instructions regarding the petitioner’s claim to
continue in service at the college, taking into
consideration the remaining period of the
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petitioner’s service, and make submissions in that
regard on 29.10.2026.”
5. In view of the submission, Sri.Dinesh M.
Kurukani, learned counsel has filed an affidavit of the
Principal of the Malnad Progressive Education Society (R)
SDM College, Honnavar.
6. The affidavit filed read as under:
“I, Dr. Gajanan S/O Narayan Bhat , Age: 59
years, Occ: Principal, The Malnad Progressive
Education society’s ( R) S.D.M Degree college
Honavar ,now at Dharwad do hereby swear on oath
and solemnly affirm as under:
1.I am Respondent No.3 in this case and
conversant with the facts of the case. Hence I am
swearing to this affidavit.
2.The Petitioner in this petition has filed this
petition seeking the relief for issue of a writ of
certiorari quashing the impugned endorsement
dated 11/04/2023. The Respondent No.2 herein has
rejected the proposal of the petitioner for
regularization.
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WP No. 104613 of 2023
CNR: KAHC020119142023
3.The Petitioner is working as attender/Peon in
our college. The services of the Petitioner as on
today with present service condition will be
continued till his age of retirement. The services of
the Petitioner will not be terminated or discontinued
for non-regularization of his service.”
7. Sri.Laxman T. Mantagani, learned counsel for
the petitioner submits that the proposal sent for
regularization has been negatived by the Government
stating that at the time the request made and proposal
sent, the petitioner has not completed 10 years of
continuous service.
8. Learned counsel for the petitioner further
submits that, the petitioner is in service since 2003 and is
continuing in the same. In the event he has not completed
10 years of service as on the date of seeking
regularization, (as per the earlier order of the department)
in view of the latest Judgment of the Hon’ble Supreme
Court, the petitioner may be reserved with liberty to make
fresh representation after completing 10 years of service
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WP No. 104613 of 2023
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from the initial appointment and in the event such
representation is made to the concerned school, the school
may be directed to consider and forward the same, if it is
available in law to the Government and the Government to
consider the same in accordance with law.
9. In view of the affidavit, the petitioner shall be
continued in the service with the school till his retirement
with the same service conditions.
10. With the above directions, this writ petition is
disposed of .
11. Interim order granted earlier is discharged.
12. The Government to process the appointment of
respondent No.5 in terms of the notification issued in
accordance with law.
Sd/-
(T.M.NADAF)
JUDGE
SRA
CT: UMD
List No.: 1 Sl No.: 37