THE STATE OF KARNATAKA vs SMT. T BHAGYALAKSHMI
- Court
- Karnataka High Court
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WA No.1006 of 2024
C/W CCC No.309 of 2024
CNR: KAHC010377612024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 8 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE K.S.BHARATH KUMAR
WRIT APPEAL NO.1006 OF 2024 (S-RES)
C/W
CIVIL CONTEMPT PETITION NO.309 OF 2024
IN WA No. 1006/2024
BETWEEN:
1. THE STATE OF KARNATAKA
REPTD. BY ITS SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION,
(PRIMARY & SECONDARY),
M.S.BUILDING,
BENGALURU - 560 001.
2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS
(PRIMARY & SECONDARY EDUCATION),
NEW PUBLIC OFFICES,
NRUPATHUNGA ROAD,
BENGALURU - 560 001.
3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
BENGALURU SOUTH DISTRICT,
KALASIPALYA,
BENGALURU - 56000.
4. THE DIRECTOR OF PUBLIC INSTRUCTIONS
SECONDARY EDUCATION,
NEW PUBLIC OFFICES,
NRUPATHUNGA ROAD,
BENGALURU - 560 001.
Digitally
signed by
RAKSHA
Location:
high court
of
karnataka
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5. THE BLOCK EDUCATION OFFICER
SOUTH RANGE-1,
JAYANAGARA, NEW SOUTH RANGE-3,
B.T.M. LAYOUT,
BENGALURU - 560 029.
…APPELLANTS
(BY SRI. SPOORTHY HEGDE, HCGP)
AND:
1. SMT. T. BHAGYALAKSHMI
W/O BALASUBRAMANYAM,
AGED ABOUT 52 YEARS,
WORKING AS ENGLISH TEACHER,
SRI VENKATESHWARA CHENDIL KUMARANS
TAMIL HIGH SCHOOL,
THYAGARAJANAGARA,
BENGALURU - 560 028.
2. FRIENDS CULTURAL EDUCATIONAL TRUST (SVCK)
ND
2 MAIN ROAD,
THYAGARAJANAGARA,
BENGALURU - 560 028.
…RESPONDENTS
(BY SMT. NAGASHREE M.C., ADVOCATE FOR R1,
SMT. YOGITHA B., ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO CALL FOR
RECORDS AND SET ASIDE THE ORDER DATED 12.12.2023 IN
W.P.No.51388/2019 (S-RES) PASSED BY THE HON'BLE SINGLE
JUDGE, IN THE INTERESTS OF JUSTICE AND EQUITY.
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WA No.1006 of 2024
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IN CCC NO. 309/2024
BETWEEN:
1. T.L. BHAGYALAKSHMI
W/O BALASUBRAMANYAM
AGED ABOUT 49 YEARS
WORKING AS ENGLISH TEACHER,
AT SRI VENKATESHWARA CHENDIL KUMARANS
TAMIL HIGH SCHOOL,
THYAGARAJANAGARA,
BENGALURU - 562 028.
...COMPLAINANT
(BY SMT. NAGASHREE M.C., ADVOCATE)
AND:
1. T. LAKSHMIPATHY
CHAIRMAN,
FRIENDS CULTURAL EDUCATIONAL TRUST (SVCK),
ND
2 MAIN ROAD,
THAGARAJANAGARA,
BENGALURU - 560 028.
2. MRS. KAVERI, IAS
THE COMMISSIONER
FOR PUBLIC INSTRUCTIONS,
PRIMARY AND SECONDARY EDUCATION,
NEW PUBLIC OFFICES,
NRUPATHUNGA ROAD,
BENGALURU - 560 001.
3. KRISHNAJI S. KARICHANNAVAR
THE DIRECTOR OF PUBLIC INSTRUCTIONS,
SECONDARY EDUCATION,
K.R. CIRCLE, NRUPATHUNGA ROAD,
BENGALURU - 560 001.
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4. SRI. LINGARAJPPA
DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS,
BENGALURU SOUTH DISTRICT,
KALASIPALYA,
BENGALURU - 560 002.
5. DR. SHASHIKALA
THE BLOCK EDUCATION OFFICER,
SOUTH RANGE-3,
B.T.M. LAYOUT,
BENGALURU - 560 076.
6. THE STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA,
BANGALORE - 560 001.
...ACCUSED
(BY SRI. SPOORTHY HEGDE, HCGP FOR R6,
R1, R3 TO R5 ARE DELETED V.O.D. 18.02.2025 ,
R2 SERVED)
THIS CCC IS FILED UNDER 11 AND 12 OF THE
CONTEMPT OF COURT ACT, PRAYING TO INITIATE THE
CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR
WILLFULLY DISOBEDIENCE OF ORDERS PASSED BY THIS
COURT IN WP NO.51388/2019, DATED: 12/12/2023, IN
ANY VIEW OF THE MATTER EVEN AFTER RECEIPT OF THE
ORDER PASSED BY THIS HON'BLE COURT IN WP
NO.51388/2019 DATED: 12/12/2023 PRODUCED IT IN
ANNEXURE-A THE ACCUSED HAVE NOT COMPLIED ORDER
OF THIS HON'BLE COURT AND ETC.,
THESE WRIT APPEAL AND CCC COMING ON FOR
PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS
DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE K.S.BHARATH KUMAR
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ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
1. This appeal is preferred against an order dated
12.12.2023 passed in WP No.51388/2019.
2. We have heard learned High Court Government
Pleader appearing for the appellants as well as learned
counsel appearing for the first respondent in this appeal.
3. Learned High Court Government Pleader for the
appellants submits that the first respondent had been
selected as Assistant Master in English in the second
respondent - school. The appointment was pursuant to an
interview conducted by the Selection Committee on
09.12.2013. It is submitted that the qualification of the
first respondent at the relevant time was B.A. and B.Ed.
degree from Bharatiya Shiksha Parishath situated at Uttar
Pradesh. It is contended that the institution from which
the first respondent secured B.Ed., degree was not
recognized by any University. The first respondent
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thereafter enrolled herself in the Chathrapathi Sahu ji
Maharaj University, affiliated to Kanpur University and
secured B.Ed. degree in the year 2015-16. It is contented
that a Three-Men Committee as well as a Screening
Committee took note of this particular fact and
recommended the approval of the first respondent's
appointment. However, by order dated 24.09.2019, the
appellants had rejected the proposal, specifically finding
that the first respondent did not have the notified
qualification. It was further found that the acquisition of
qualification after appointment cannot be relied on
to approve the appointment.
4. This was challenged before the learned Single Judge.
After considering the contentions advanced, the learned
Single Judge held as follows:
"11. In my view, therefore, having regard to the
peculiar facts and circumstances of this case and
taking into consideration that the petitioner has been
working for nearly for nine years, the refusal of the
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Commissioner to approve the appointment cannot be
sustained and consequently, the same is quashed.
12. The Commissioner is directed to consider the
case of the petitioner for approval on the basis that
she possessed the requisite educational qualifications
and not on the basis that she did not possess the
educational qualification as on the date of the
notification and pass appropriate orders within two
months from the date of receipt of a copy of this
order".
5. The learned High Court Government Pleader submits
that it is an admitted fact that the first respondent did not
have the requisite qualification of B.A and B.Ed. from a
recognized University as on the date of the notification and
that she was not qualified or eligible for appointment as on
the date when she was appointed as Assistant Master in
English. It is therefore argued that the subsequent
acquisition of qualification after the appointment cannot
come to the aid of the first respondent.
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6. Learned High Court Government Pleader also places
reliance on the judgment of the Hon'ble Apex Court in
Santosh B Naik versus State of Goa and others,
reported in 2026 SCC Online SC 2073.
7. Learned counsel for the first respondent, on the other
hand contends that the first respondent was unaware of
the fact that the B.Ed. qualification acquired by her was
not a recognized educational qualification. She contends
that as soon as she came to know that her B.Ed. was not a
recognized qualification, she had enrolled in a University
having recognition and had acquired such qualification. It
is further contended that the Three-Member Committee as
well as the Screening Committee had considered these
facts and had forwarded her appointment for approval to
the appellants and that the rejection of the approval was
therefore, completely unwarranted. The learned counsel
places reliance on Annexures-F and H, the
recommendation of the Three-Member Committee as well
as the letter and the report dated 11.07.2019.
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8. It is further submitted that it was in the peculiar facts
and circumstances of the case that the learned Single
Judge had directed the appellants for approval of the
appointment of the first respondent considering her to be
a qualified candidate and that such exercise of discretion
should not be interfered with.
9. We have considered the contentions advanced.
10. It is not in dispute that the qualification prescribed
for appointment of Assistant Master in English is B.A. and
B.Ed. in the concerned subject. The notification was the
one issued on 13.11.2013 which is produced as
Annexure-R1. The qualification is specifically prescribed
as B.A. and B.Ed. in English.
11. It is also an admitted fact that the B.Ed degree which
was possessed by the first respondent as on the date of
the notification, as also on the date of the interview held
on 09.12.2013 was from Bharatiya Shiksha Parishath
which is not a recognized University.
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12. Though Annexure-F report by the Three-man
Committee refers to the fact that the first respondent had
thereafter acquired the qualification. It would be very clear
from the said report itself that as on the date of the
notification and as on the date of the interview as also the
date of appointment, the first respondent did not have the
recognized B.Ed. degree.
13. In the above factual situation, we are of the opinion
that the direction issued by the learned Single Judge to
the appellants to approve the appointment of the first
respondent cannot be sustained.
14. However, it is made clear that in view of the fact that
the second respondent had appointed the first respondent
and had submitted the recommendations for approval, it
will be open to the first respondent to claim salary from
the second respondent who had appointed her.
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15. Accordingly, the writ appeal is disposed of .
In the light of the judgment passed by this Court, the
Contempt of Court case is closed.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(K.S.BHARATH KUMAR)
JUDGE
GH
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