wp-21216-2014 -50 cases dharwadjudgmenthck.kar.nic.in/judgmentsdsp/bitstream/...writ petition...

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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

R

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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,

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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,

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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 &

227 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.

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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 & 227 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)

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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 & 227 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.,

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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----

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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----

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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

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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

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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 226 & 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,

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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 &

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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


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO STRUCK DOWN THE PROVISIONS OF THE ACT NO.07 OF

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"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,

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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


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.

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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


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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,

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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




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 & 227 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.,

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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



227 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

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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.


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)

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227 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




GOVERNMENT OF KARNATAKA, PALACE ROAD,

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BENGALURU -560001. 4. THE PRINCIPAL

SGES, RURAL POLYTECHNIC, TARIHAL, HUBBALLI-26,

DIST: DHARWAD. ... RESPONDENTS



227 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 & 227 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 :


R/BY ITS SECRETARY, LAW & PARLIAMENTARY AFFAIRS

DEPARTMENT, VIDHANA SOUDHA, BENGALURU -560001. 2. STATE OF KARNATAKA





THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 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)







THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 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


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.





227 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


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.




: 27 :

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 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





GOVERNMENT OF KARNATAKA, PALACE ROAD,

: 28 :

BENGALURU -560001. 4. THE PRINCIPAL

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


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 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




: 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



227 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


: 30 :



DEPARTMENT, VIDHANA SOUDHA, BENGALURU. 2. STATE OF KARNATAKA





THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 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 226 & 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


DEPARTMENT, VIDHANA SOUDHA, BENGALURU

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


4. THE PRINCIPAL SGES, RURAL POLYTECHNIC TARIHAL, HUBBALLI,

DIST: DHARWAD. ... RESPONDENTS


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 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



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


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


: 35 :


227 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





3. DIRECTOR OF TECHNICAL EDUCATION GOVT OF KARNATAKA

: 36 :

PALACE ROAD, BENGALURU

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


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 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




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.



THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 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


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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


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 & 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 No.108974/2014:

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



: 43 :


2. STATE OF KARNATAKA R/BY ITS PRINCIPAL SECRETARY

HIGHER EDUCATION DEPARTMENT M S BUILDING, BENGALURU.





227 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 :


(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 & 227 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



: 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


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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


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


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 226 & 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


: 51 :



DEPARTMENT, VIDHAN SOUDHA, BENGALURU. 2. STATE OF KARNATAKA




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


227 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,



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

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

: 54 :

VISHWESHWARIAH CIRCLE, BENGALURU.



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


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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 226 & 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


: 61 :

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

8. SRI VINEETSINGH V SAVANUR


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


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 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


EDUCATION GOVERNMENT OF KARNATAKA, VISHWESHWARIAH CIRCLE, BENGALURU

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


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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 :


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 )


227 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 :


MINISTRY OF LAW & PARLIAMENTARY AFFAIRS R/BY ITS SECRETARY



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)


227 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


: 75 :

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES

226 & 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


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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 :


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


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 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.,

: 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


R/BY ITS SECRETARY LAW AND PARLIAMENTARY AFFAIRS DEPARTMENT, VIDHANA SOUDHA, BENGALURU


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




227 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







: 86 :


227 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 :


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 226 & 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 16 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 226 & 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 16 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)


226 & 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 16

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


(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 & 227 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


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


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 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,


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


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


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 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.


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 226 & 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,


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


DEPARTMENT OF COLLEGIATE EDUCATION, PALACE ROAD, BENGALURU


EDUCATION, PALACE ROAD, BENGALURU. 5. THE REGIONAL JOINT-DIRECTOR,


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


: 107 :

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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


(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 & 227 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


SRI RAVI V.HOSAMANI, AGA FOR R1 & R2)

: 109 :



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.


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


SRI RAVI V.HOSAMANI,AGA FOR R1 & R2, R3 SD)

: 110 :


227 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.




: 111 :


227 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.)


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


: 112 :


227 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 &



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


: 113 :


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 &





SRI RAVI V.HOSAMANI, AGA FOR R1 & R2 )

: 114 :


227 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 &


2. DIRECTOR OF BOARD OF

TECHNICAL EDUCATION GOVT. OF KARNATAKA PALACE ROAD, BENGALURU.

3. THE PRINCIPAL



SRI RAVI V.HOSAMANI, AGA FOR R1 & R2, R3 SD)

: 115 :

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 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






: 116 :



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 &




COLLEGE, SIRSI, TQ: SIRSI, DIST:UTTAR KANNADA. ... RESPONDENTS (BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W


: 117 :



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





COLLEGE, SIRSI, TQ: SIRSI, DIST:UTTAR KANNADA. ... RESPONDENTS (BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W


: 118 :



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





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

: 119 :



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.


DEPARTMENT OF EDUCATION, PALACE ROAD, BENGALURU.

4. THE DIRECTOR OF

: 120 :

COLLEGIATE EDUCATION, PALACE ROAD, BENGALURU.



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 )


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.

: 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.


TO THE DEPARTMENT OF EDUCATION RPTD.BY ITS SECRETARY,


3. THE COMMISSIONER

DEPARTMENT OF COLLEGIATE EDUCATION, PALACE ROAD, BENGALURU.






: 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


THIS WRIT PETITION IS 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-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.





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


: 124 :

THIS WRIT PETITION IS 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-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


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 :


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


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)


: 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.


BY ITS SECRETARY, DEPARTMENT OF EDUCATION, VIDHANSOUDA, BENGALURU.

3. THE COMMISSIONER

DEPARTMENT OF EDUCATION, K.R.CIRCLE, BENGALURU.


EDUCATION, GOVT., OF KARNATAKA, VISHWESHWARIAH CIRCLE, BENGALURU.


COLLEGIATE EDUCATION, MINI VIDHANASOUDA,

D C COMPOUND, DHARWAD. .. RESPONDENTS (BY SRI.A.G. SHIVANNA, ADDL. ADVOCATE GENERAL A/W SRI RAVI V.HOSAMANI, AGA)


: 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



226 & 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


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


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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


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,


THE DEPARTMENT OF COLLEGIATE EDUCATION,

PALACE ROAD, BENGALURU. 4. THE DIRECTOR OF COLLEGIATE

EDUCATION PALACE ROAD, BENGALURU.



: 141 :


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


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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


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,


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

COLLEGIATE EDUCATION PALACE ROAD, BENGALURU.


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 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


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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


THIS WRIT PETITION IS 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-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


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



3. THE COMMISSIONER

THE DEPARTMENT OF COLLEGIATE EDUCATION, PALACE ROAD, BENGALURU.

: 150 :



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.


EDUCATION PALACE ROAD, BENGLAURU.


COLLEGIATE EDUCATION , MINI VIDHANA SOUDA,


: 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


THIS WRIT PETITION IS 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-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.









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 & 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-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 :



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



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


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,

: 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



M S BUILDING, BENGALURU-560001. 3. DIRECTOR OF TECHNICAL EDUCATION


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 & 227 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


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 & 227 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



M S BUILDING,

: 159 :

BENGALURU-560001. 3. DIRECTOR OF TECHNICAL EDUCATION

GOVERNMENT OF KARNATAKA, PALACE ROAD, BENGALURU-560001.

4. THE PRINCIPAL


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 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





THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 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


: 161 :


R/BY ITS SECRETARY, LAW & PARLIAMENTARY AFFAIRS

DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. STATE OF KARNATAKA





THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 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 EDUCATION, REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA,


DEPARTMENT OF EDUCATION, PALACE ROAD, BENGALURU.




: 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


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 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.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,


: 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


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.


: 166 :


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


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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




TO THE DEPARTMENT OF EDUCATION, REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA,


DEPARTMENT 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


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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)



2. THE SECRETARY TO GOVERNMENT,

DEPARTMENT OF EDUCATION, M.S.BUILDING, BENGALURU.

3. THE COMMISSIONER

DEPARTMENT OF EDUCATION, NRUPATUNGA ROAD,


EDUCATION, GOVERNMENT OF KARNATAKA, VISHWESHWARAIAH TOWER, BENGALURU.


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


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 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 226 & 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


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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



2. STATE OF KARNATAKA

R/BY ITS PRINCIPAL SECRETARY

: 178 :

HIGHER EDUCATION DEPARTMENT M S BUILDING, BENGLAURU.


4. THE PRINCIPAL

SGES, RURAL POLYTECHNIC, TARIHAL, HUBBALLI, DIST: DHARWAD. ... RESPONDENTS


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 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 226 & 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


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


: 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 226 & 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,



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


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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)






TO THE DEPARTMENT OF


: 184 :

PALACE ROAD, BENGALURU. 4. THE DIRECTOR OF COLLEGIATE



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 & 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.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



VIDHANA SOUDHA, BENGALURU 2. THE STATE OF KARNATAKA



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 226 & 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


: 189 :






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



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


: 190 :


226 & 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



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




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



226 & 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,


: 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


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



226 & 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


: 196 :


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,





6. KANAKADAS SHIKSHANA SAMITHI (KSS) GADAG, REPRESENTED BY ITS SECRETARY

7. THE PRINCIPAL KSS ARTS, COMMERCE & SCIENCE COLLEGE, GADAG. ... RESPONDENTS


: 197 :


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,


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


: 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


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



: 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



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.


: 201 :


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 226 & 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 :




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


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 & 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-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,


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,


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 :


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



: 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,



THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 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 (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


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 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


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 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.


: 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


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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.





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 & 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 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


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.




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


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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 :


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.


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


: 221 :


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


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 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


TO THE DEPARTMENT OF LAW & PARLIAMENTARY AFFAIRS, REPRESENTED BY ITS PRINCIPAL SECRETARY,

: 223 :


2. THE STATE OF KARNATAKA, TO THE DEPARTMENT OF

EDUCATION,

REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU.





6. THE PRINCIPAL, RANEBENNUR TALUK EDUCATION, SOCIETY S (RTES) ARTS, SCIENCE & COMMERCE COLLEGE, RANEBENNUR, DIST: HAVERI. ... RESPONDENTS


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 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.

: 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



: 225 :

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





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


: 226 :

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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 :


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




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 16 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



: 230 :

PARLIAMENTARY AFFAIRS, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA,

BENGALURU.






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


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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


VIDHANA SOUDHA, BENGALURU. 2. THE STATE OF KARNATAKA,

THE DEPARTMENT OF EDUCATION,

REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU.


EDUCATION, PALACE ROAD,

: 232 :




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


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 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 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



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.



: 234 :


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


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 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-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 & 227 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


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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



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.


: 239 :


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




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

87 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

87 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

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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

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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

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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

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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:-

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“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

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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 16 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

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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, 1983 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

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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

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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 145 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.”

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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

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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

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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

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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

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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

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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;”

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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.”

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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.”

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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

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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. “

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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

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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

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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

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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

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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 2003 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

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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

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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

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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

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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

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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 246 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

246 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

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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), 8(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 246 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,

1993 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

245 and 246 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 246 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 16 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

87 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

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