SHRI SACHIN S/O SUBHASH BADODE vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17983
WP No. 108141 of 2026
CNR: KAHC020176672026
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.108141 OF 2026 (S-RES)
BETWEEN:
SHRI. SACHIN S/O. SUBHASH BADODE,
AGE. 30 YEARS, OCC. UNEMPLOYED,
R/O. CHIKKODI, TAL. CHIKKODI,
DIST. BELAGAVI-591201.
…PETITIONER
(BY SRI. AMOGH B.JOSHI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP. BY PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION
ND TH
AND LITERACY, 2 GATE 6 FLOOR,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU- 01.
2. THE DIRECTOR,
PRE UNIVERSITY EDUCATION DEPARTMENT
TH
18 CROSS, SAMPIGE ROAD,
MALLESWARM, BANGALORE-560001.
3. THE DEPUTY DIRECTOR,
DEPARTMENT OF SCHOOL EDUCATION
(PRE-UNIVERSITY), CHIKKODI EDUCATIONAL
DISTRICT, CHIKKODI, DISTRICT. BELAGAVI.
4. THE CHAIRMAN,
BHARATHI VIDYAVARDAK SANGH CHIKKODI,
Digitally signed by
THEJAS KUMAR N
Location: High
Court of
Karnataka,
Dharwad Bench
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WP No. 108141 of 2026
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CHINCHANI SHRI. SIDDAPRABHU
PRE UNIVERSITY COLLEGE, CHIKODI,
DIST. BELAGAVI.
5. THE PRINCIPAL,
CHINCHANI SHRI. SIDDAPRABHU PRE
UNIVERSITY COLLEGE, CHIKODI, DIST. CHIKKODI.
…RESPONDENTS
(BY SRI. SHARAD V.MAGADUM, AGA FOR R1 TO R3;
SRI. SHIVARAJ S.BALLOLI, ADVOCATE FOR R4 AND R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENT NO.1 TO 4 TO APPOINT THE PETITIONER ON
COMPASSIONATE GROUNDS TO THE ELIGIBLE POST TAKING
TO THE CONSIDERATION THE EDUCATION QUALIFICATION OF
THE PETITIONER BY CONSIDERING THE REPRESENTATION
DATED 22-09-2025 VIDE ANNEXURE ‘A’ B) ISSUE ANY OTHER
ORDER OR DIRECTION IN THE FACTS AND CIRCUMSTANCES
OF THE INSTANT CASE AS THIS HON’BLE COURT MAY DEEMS
FIT 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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NC: 2026:KHC-D:17983
WP No. 108141 of 2026
CNR: KAHC020176672026
ORAL ORDER
This Writ Petition is filed seeking following reliefs:
a) Issue Writ in the nature of Mandamus directing
the respondent No.1 to 4 to appoint the
petitioner on compassionate grounds to the
eligible post taking to the consideration the
education qualification of the petitioner by
considering the representation dated
22.09.2025 vide Annexure-A.
b) Issue any other order or direction in the facts
and circumstances of the instant case as this
Hon’ble Court may deems fit in the interest of
justice and equity.
2. Facts in brief to file the present petition are as
under:
2.1 The petitioner’s father Late Sri.Subash S/o.Sardar
Badode, died while in service as Second Division
Assistant/ Typist (non-teaching staff) with
respondent Nos.4 & 5 College, on 19.12.2024.
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2.2 The petitioner submitted an application/
representation on 22.09.2025, seeking appointment
on compassionate ground.
2.3 Respondent No.5 forwarded the petitioner’s
application/ representation to respondent No.3 for
necessary action. Despite the same, no action has
been contemplated by the concerned respondent.
Aggrieved by the inaction on the part of the
respondent authorities, the petitioner is before this
Court seeking the reliefs supra.
3. Heard, Sri.Amogh B.Joshi, learned counsel
appearing for the petitioner, Sri.Sharad V.Magadum,
learned Addl. Government Advocate appearing for
respondents 1 to 3 and Sri.Shivaraj S.Balloli, learned
counsel appearing for respondents 4 and 5.
4. Sri.Shivaraj S.Balloli, learned counsel appearing
for respondents 4 and 5 filed statement of objection today.
Counsel submits that the reason for non-consideration of
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the case of the petitioner is set-out in the statement of
objection.
4.1 Learned counsel submits that the reason for non-
consideration of petitioner’s application is that one
Raju Chougale S/o.Shankar Chougale was serving as
Lecturer and died on 01.01.2023. His son, by name
Aditya Raju Chougale submitted an application on
16.09.2023 seeking compassionate appointment.
4.2
Learned counsel for respondents 4 and 5 submits
that Aditya Raju Chougale was not possessing
requisite qualification to be appointed as a teaching
staff, but possessed qualification for appointment as
non-teaching staff. Since there is only one vacant
post arising out of death of the petitioner’s father,
the application of Aditya Raju Chougale is under
consideration.
4.3 Learned counsel further submits that the proposal
has already been forwarded to the Government for
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consideration of the petitioner’s case and requests
that the Government may be directed to
accommodate the petitioner in any other aided
College against a vacant post in accordance with law.
5. Having heard the rival submissions, perused the
entire Writ Petition paper, so also the statement of
objection.
6. The case involved pertains to compassionate
appointment. The very object of the compassionate
appointment would be defeated if there is any delay in
considering the same. In that view of the matter, the
respondents are directed to forward a proposal to the
Government, if not already forwarded and the Government
shall consider the same for issuing an appointment order
to the petitioner on compassionate grounds, if he is so
eligible under the provisions of Karnataka Civil Service
(Compassionate Appointment) Rules, in any other aided
college situated within the vicinity or Taluk or District or
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neighboring District. The entire exercise shall be concluded
within a period of 08 weeks from today and a compliance
report shall be filed immediately thereafter.
7. With the above observation, the Writ Petition is
disposed of .
Sd/-
(T.M.NADAF)
JUDGE
TKN
CT: UMD
List No.: 3 Sl No.: 18