JUDGMENT

Shankar Ganapathi Pandit, J. - In W.P. No. 45569/2018, the petitioner is before this Court under Article 226 of the Constitution of India praying for a writ of certiorari to quash the endorsement bearing No. dated 26.07.2018 (Annexure-G) by which, the petitioner's request for regularization of his service as Physical Education Teacher in 4th respondent-College is rejected by the second respondent and for a further direction to the respondents to consider the case of the petitioner for regularization on completion of 10 years of service on par with that of the Karnataka Civil Services (Absorption of Persons Working on Part-Time Lecturers in the Karnataka General Services) (Department of Pre-University Education) (Special), Rules 2011 (for short "2011 Rules") and further to direct the respondents to consider the case of the petitioner either in Pre-University College or in Degree College in the same Institute as Physical Education Teacher; and also for a direction to extend equal pay for equal work on the basis of principles of Article 39(D) of the Constitution of India and as held by the Hon'ble Apex Court in the case of State Of Punjab v/s. Jagjit Singh reported in AIR 2016 SC 5176.

2. In W.P. No. 11074/2019, the petitioner is before this Court praying for a direction to the respondents not to give effect to the Notification dated 23.02.2019 by which, the 3rd respondent-Management invited applications from eligible candidates to fill up various vacant posts including that of Physical Education Teacher and also for a direction to the respondents to pay entire salary for 17 years from the date of initial appointment till date.

3. In both the writ petitions, the petitioner is one and the same.

4. Heard the learned Senior counsel Sri V. Lakshminarayana along with learned counsel Sri Pratham N., for Balaji Associates for the petitioner, learned Additional Government Advocate Smt. M.C. Nagashree for respondents No. 1 and 2 and learned Senior Counsel Sri P.S. Rajagopal along with learned counsel Sri M. Subramanya Bhat for respondent No. 3 and Sri Cyril Prasad Pais, learned counsel for respondent No. 4. Perused the writ petition papers and the citations placed on record by both the parties.

5. The petitioner who possesses qualification of Master of Physical Education and Sports (MPES) with First Class and M. Phil, applied for the post of Physical Education Teacher in pursuance of the paper publication dated 20.07.2021 issued by the 3rd respondent-College inviting applications from the eligible candidates to fill up the post of Physical Director temporarily. The Notification indicates the qualification of M.P.Ed. or Equivalent Degree to the post of Physical Director which was reserved for Scheduled Caste candidate. The petitioner claims that he belongs to Scheduled Caste category. In pursuance of the application of the petitioner, the petitioner was selected and appointed as Physical Education Teacher by proceedings of the 3rd respondent-College dated 30.07.2001 (Annexure-B). The order of appointment makes it clear that the appointment is on temporary basis and that the petitioner would be governed by all the Rules and Regulations framed by the College/Management from time to time. The second respondent under letter dated 31.07.2008 sought information from the 4th respondent-Principal with regard to vacancy of the Physical Education Teacher and as to whether the said post is an approved post. The 4th respondent replied as per Annexure-D dated 06.03.2009 intimating the Department that prior to bifurcation of Degree and Pre-University College, there was one approved post of Physical Education Teacher which is vacant in the Degree College. The statement appended to the said letter indicates that one post of Physical Education Teacher at Degree College is vacant and there is no approved post of Physical Education Teacher in the Pre-University college. The petitioner was before this Court in W.P. No. 21314/2014 praying for a direction t