Weightage for service must be granted regardless of the year of appointment, ensuring equal treatment for qualified candidates per existing legal precedents.

ORDER :

ASHOK S. KINAGI, J.

1. The petitioners filed this writ petition seeking the following prayers.

a) Issue a writ of certiorari or any other writ quashing the endorsement dated 29.01.2021 in No. KaVaShiSaSa/ADALITA/HoNe/C.R- 01/2014-15 and dated 21.01.2021 in No. KaVaShiSaSa/ ADALITA/HoNe/C.R-01/2014-15 issued by the second respondent, true copy of which is produced as ANNEXURE-M & N, in the interest of justice and equity.

b) Issue a writ of mandamus or any other writ directing the respondents to consider the representation of petitioners dated 26/07/2021 and 18/03/2019 produced as Annexure-Q & Q1 series respectively and in terms of this Hon'ble court order dated 22.10.2019 in W.P.No.8113- 131/2015 (S-RES) which is placed at ANNEXURE-J, in the interest of justice and equity.

c) Issue a writ of mandamus or any other appropriate writ or direction, directing the respondents grants weightage of 5% for each academic years' service irrespective of the date of appointment and proportionate weightage to the service which is less than one half the academic year and further consider the cases of the petitioner for appointment to the posts to which petitioners have applied to meet the ends of justice;

d) Issue a writ of mandamus or any other appropriate writ order or direction directing the respondents include the name of the petitioners in the final select list and further consider the case of the case of the petitioners for appointment to the post of Social Science Teacher in the services of the schools run/controlled by the Karnataka residential Institutional Society from the date on which the respondents have appointed Teachers in the year 2012/with effect from occurrence of the vacancy or whichever is earlier and grant them fixation of pay, arrears of salary and increments and all the consequential benefits to meet the ends of justice.

2. Brief facts, leading rise to the filing of this writ petition are as follows:

3. Petitioner No.1 was appointed as a Kannada teacher in Morarji Desai Residential School, Hakkali village, Shikaripura Taluk, Shivamogga District on 12.08.2007. Petitioner No.2 was appointed as Kannada teacher in Kitturu Rani Chennamma Residential School at Varakanahalli, Hoovinahadagali Taluk, Bellari District on 12.08.2009. The petitioners are working from 2007 and 2009 till today respectively, since 15 years in the abovesaid schools only. The petitioners have passed B.A, M.A and B.Ed. They underwent a selection process and were selected. The petitioners possess the qualification prescribed for appointment to the post of teaching the subject of social science in the school owned/recognised by the Government of Karnataka.

4. It is contended that the respondents have not considered the service weightage from the date of appointment. The cut-off percentage for the Kannada teacher post in category SC is 69.04%. Petitioner No.1 has scored 68.37%. Petitioner No.2 has scored 66.15% and more particularly the difference of marks were very meager i.e., 2.89%. The respondents denied to consider the petitioners’ service from 2007-08 and 2009-10 as one academic year and has not granted weightage of 5% to the petitioners as per the order passed by this Court in writ petition No.21604/2020 dated 23.09.2020.

5. It is contended that, the petitioners are required to be extended their service of weightage to 73.37% and 71.15% respectively, and the petitioners are entitled to be considered for the post, by giving the service weightage. Respondent No.2 issued an endorsements dated 29.01.2021 and 21.01.2021 vide Annexures M and N and it is contended that respondent No.2 without considering the