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2008 Supreme(SC) 1715

ALTAMAS KABIR, MARKANDEY KATJU
State of Karnataka – Appellant
Versus
K. Govindappa – Respondent


Advocates appeared:
For the Appellants :Sanjay R. Hegde, A. Rohen Singh and Amit Kr. Chwla, Advocates.
For the Respondents ; Girish Ananthamurthy, Ms. Vijayanthi Girish, P.P. Singh, Mallikarjun S., Ms. E.R. Sumathy, C.M. Angadi, Rameshwar Prasad Goyal and N. Ganpathy, Advocates.

JUDGMENT

Altamas Kabir, J. —

1. Leave granted.

2. The respondent No.1, Shri K. Govindappa was appointed as a Lecturer in History in an aided private college owned and managed by the Vinayaka Rural Education Society, the respondent No.2 herein, with effect from 10th July, 1994. The said college, which was situated at Hegalavadi, Gubbi Taluk, Tumkur District, applied for approval of the appointment of the respondent No.1, but such prayer was refused by the Government of Karnataka on the ground that the appointment had been made in violation of the Roster Policy and that he had been appointed in a post which was reserved for a Scheduled Caste candidate. A review petition was filed by the respondent No.1 before the Government contending that since there was only a single post of Lecturer in History in the college, the reservation policy would not apply to the said post in which the respondent No.1 had been appointed. As the claim of the respondent No.1 was rejected by the Government, he filed a Writ Petition before the Karnataka High Court praying for quashing of the orders passed by the Government and for a direction upon the concerned authorities to approve his appointment with effec

























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