GOVINDARAJU K R vs THE STATE OF KARNATAKA - 2024 Supreme(Online)(Kar) 37342

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(Kar) 37342

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2024 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE G BASAVARAJA WRIT PETITION NO.29282 OF 2017 (S-KAT)
C/W WRIT PETITION NO.29275 OF 2017 (S-KAT)
IN W.P.NO.29282 OF 2017 BETWEEN:
1. GOVINDARAJU K R S/O RAMAIAH, AGED ABOUT 44 YEARS, OCC:HIGH SCHOOL TEACHER GOVT. HIGH SCHOOL, MADHUGIRI.
2. CHANDRASHEKARAMURTHY H P S/O PUTTACHAR, AGED ABOUT 43 YEARS, Digitally signed by SANDHYA S OCC:HIGH SCHOOL TEACHER, Location: High GOVT.HIGH SCHOOL, MADHUGIRI.
Court of Karnataka
3. HALLALLI BASAVARAJ S/O HALALLI SHIVAPPA, AGED ABOUT 36 YEARS, OCC:JUNIOR ASSISTANT, PRINCIPAL SECRETARIAT(DPAR)
VIDHANA SOUDHA, BANGALORE-560001.
4. SMT. SHEELA K.P.
D/O SRI PUTTAPPA S.R. AGED ABOUT 37 YEARS OCC. S.D.A, A.R.D.P.R. DEPARTMENT TALUK PANCHAYAT, R/O KANTAPURA, JANAKALA POST, CHITRADURGA HOSADURGA TALUK 577 527 …PETITIONERS (BY SRI. JAGADEESH GOUD PATIL., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, EDUCATION DEPARTMENT, (PRIMARY & SECONDARY)
M.S.BUILDING, BENGALURU-560001.
2. THE COMMISSIONER FOR P.U. EDUCATION & PRESIDENT OF SPECIAL RECRUITMENT COMMITTEE, BENGALURU-560001.
3. THE DIRECTOR DEPT. OF P.U.EDUCATION, MALLESHWARAM, 18TH CROSS, BENGALURU-560003.
4. THE SPECIAL OFFICER C.A.C DEPT., OF PUBLIC INSTRUCTIONS, K.G.ROAD, MYSORE BANK CIRCLE, BENGALURU-560009.
5. THE EXECUTIVE DIRECTOR KARNATAKA EXAMINATION BOARD &
RECRUITMENT AUTHORITY, 18TH CROSS, MALLESHWARAM, BENGALURU-560003.
…RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA FOR R1 TO R3;
SRI K. ANANDA, ADVOCATE FOR R4;
SRI RAGHAVENDRA P.H., ADVOCATE FOR SRI N.K. RAMESH, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD.10.3.2017, PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE IN A.NO.11638 TO 641/2016 VIDE ANNEX-A AND ALLOW THE WRIT PETITIONS AS PRAYED FOR IN A.NO.11638 TO 641/2016.DIRECT THE RESPONDENTS TO PREPARE ADDITIONAL SELECT LIST OF LECTURERS IN P.U.COLLEGE AS REQUIRED UNDER RULE 7(3)(4) OF THE KARNATAKA GENERAL SERVICE (PRE-UNIVERSITY EDUCATION DEPARTMENT) (RECRUITMENT TO THE CADRE OF LECTURERS OF GOVERNMENT PRE UNIVERSITY COLLEGES) (SPECIAL) RULES 2011 AND TO ISSUE APPOINTMENT ORDER TO THE PETITIONERS WHO ARE ELIGIBLE TO THE SAID POST.DIRECT THE CHIEF SECRETARY OF THE GOVERNMENT OF KARNATAKA TO TAKE ACTION AGAINST EACH OF THE MEMBERS IN THE COMMITTEE CONSTITUTED UNDER THE GAZETTE NOTIFICATION DTD.29.10.2011 VIDE ANNEX-A1, FOR DIRELICTIONS OF SERVICE AND RECOVER THE SALARY AND SPECIAL FACILITITES PROVIDED THEM TOGETHER INTEREST;
IN W.P.NO.29275 OF 2017 BETWEEN
1 . SMT LATHA W/O NARENDRA KUMAR AGED ABOUT 36 YEARS, OCC:NIL, R/O HOUSE NO.1862/18, 1ST STAGE, 1ST MAIN, SHIVAKUMARASWAMY NAGAR, HRB LAYOUT, DAVANAGERE-577 00
2 . SIDDARAMANNA H.R.
S/O RAMESHAPPA, AGED ABOUT 29 YEARS, OCC:NIL R/O HOSAHATTY, KABBALA POST, HODADURGA TALUK.
CHITRADURGA DISTRICT.
3 . SRIDHARAMURTHY K.N.
S/O NANJUNDAIAH, AGED ABOUT 33 YEARS, R/O DODDAKUNTHUR (V)
ARALERI POST, MALUR TALUK, KOLAR DISTRICT.
4 . MAHADEV B.K.
S/O KARIYAPPA, AGED ABOUT 42 YEARS, R/O BALUGALI, NAGARALE POST, NANJANAGUDU TALUK, MYSORE DISTRICT-571 422
5 . HARISH H N S/O NAGARAJU H.S.
AGED ABOUT 31 YEARS, OCC:NIL, R/O HAGALA HALI VILLAGE POST, KASABA HOBLI, RAMANAGAR TALUK, RAMANAGAR DISTRICT.
6 . SHASHIKANTH KONNUR S/O THIPPANNA, AGED ABOUT 26 YEARS, R/O HOUSE NO.27 CHANDRANATHANAGAR, HUBLI-580 032.
7 . ASHOK M KAUCHAGAR S/O MAHADEVAPPA KAUCHAGAR, AGED ABOUT 40 YEARS, R/O HALASANGI-586 207 TQ:INDI, DIST VIJAYAPUR.
...PETITIONERS (BY SRI JAGADEESH GOUD PATIL, ADVOCATE)
AND
1 . THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, EDUCATION DEPARTMENT (PRIMARY & SECONDARY)
M.S.BUILDING, BENGALURU-560 001.
2 . THE COMMISSIONER FOR P.U.EDUCATION & PRESIDENT FOR SPECIAL RECRUITMENT COMMITTEE, BENGALURU-560 001.
3 . THE DIRECTOR DEPT. OF P.U.EDUCATION, MALLESHWARAM, 18TH CROSS, BENGALURU-560 003. 4 . SPECIAL OFFICER C.A.C. DEPT. OF PUBLIC INSTRUCTIONS, K.G.ROAD, MYSORE BANK CIRCLE, BENGALURU-560 009.
5 . THE EXECUTIVE DIRECTOR KARNATAKA EXAMINATION BOARD &
RECRUITMENT AUTHORITY, 18TH CROSS, MALLESHWARAM, BENGALURU-560 003.
…RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA FOR R1 TO R3;
SRI K. ANANDA, ADVOCATE FOR R4;
SRI RAGHAVENDRA P.H., ADVOCATE FOR SRI N.K. RAMESH, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTIO OF INDIA PRAYING TO SET ASIDE THE ORDER DTD.3.2.2017, PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE IN A.NO.5303 TO 5313/2015 VIDE ANNEX-A AND ALLOW THE WRIT PETITIONS AS PRAYD FOR IN A.NO.5303 TO 5313/2015; DIRECT THE RESPONDENTS TO PREPARE ADDITIONAL SELECT LIST OF LECTURERS IN P.U.COLLEGE AS REQUIRED UNDER RULE 7(3)(4) OF THE KARNATAKA GENERAL SERVICE (PRE-UNIVERSITY EDUCATION DEPARTMENT) (RECRUITMENT TO THE CADRE OF LECTURERS OF GOVERNMENT PRE UNIVERSITY COLLEGES) (SPECIAL) RULES 2011 AND TO ISSUE APPOINTMENT ORDER TO THE PETITIONERS WHO ARE ELIGIBLE TO THE SAID POST.
THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, KRISHNA S. DIXIT, J., MADE THE FOLLOWING:

ORDER

Petitioners had filed a joint application No.5303-5313 of

2015 before the Karnataka State Administrative Tribunal with the following prayers:

a. Allow this application and to set-aside the proceedings 7.4.2015 issued by the 1st respondent in No.. Nil produced at Annexure A27 and notification dated 08.05.2015 issued by the 5th respondent in No.ED/KAE/Adalitha/

CR/54/2015-16 produced at Annexure-A28;

b. Issue an appropriate order or direction directing the respondents to prepare additional select list of lecturers in P.U. College as required under rule 7(3)(4) of the Karnataka General Service (Pre-University Education Department) (Recruitment to the Cadre of lecturers of Government Pre-University Colleges) (Special) Rules, 2011 and to issue appointment order to the applicants who are eligible to the said post;

c) Issue any other suitable order or direction as this Hon'ble Tribunal deems fit under the facts and circumstances of the case including an order of cost.

2. The Tribunal in the operative portion of its order dated

03rd February, 2017, a copy whereof avails at Annexure-A, has denied relief to the petitioners with the following observations:

"For the foregoing reasons, the applicants have failed to establish their case for issue of direction to the respondents as prayed for in the applications. The respondents have justified in the reply statement the action taken by them since there is no provision to publish the additional list under Rule 7(3) & (4) of KGS (P.U. Colleges) Rules, 2011 on a later date as discussed above. The applications are devoid of merit and the same are liable to be rejected."

3. Learned counsel for the petitioners vehemently argues that the mandate of subject Rules as enacted in Rule 7 is as clear as Gangetic waters; Rule 7(1) speaks of Main List of selected candidates which should be equal to the number of vacancies notified for the recruitment; Sub-rule (3) of Rule 7 mandates preparation of Additional List of such of the candidates who are not enlisted in the Main List which shall comprise of 10% of the number of candidates in each of the reservation categories (horizontal and vertical), as appearing in the Main List. The said Rule makes it very clear that a candidate in the Main List, if fails to report for duty pursuant to Appointment Order, then to that vacancy, the corresponding candidate in the Additional List shall be accommodated. This having been lost sight of, the counsel for the petitioners argues, there is a gross error apparent on the face of the impugned order warranting its invalidation and consequent grant of relief to the petitioners.

4. Learned Additional Government Advocate appearing for the official respondents 1, 2 & 3, learned Panel Counsel appearing for respondent No.4-Special Officer, oppose the petitions contending that the petitioners having given up their principal prayer as has been recorded in paragraph 3 of the impugned Order of Tribunal, the matter now is only of academic discussion which a Writ Court would not undertake regardless of merits of the matter. They also contend in justification of the impugned order & the reasons on which it has been structured.

5. Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant limited indulgence in the matter for the following reasons:

(a) The text of Rule 7 of 2011 Rules is as under:

"7. List of selected candidates.- (1) The special recruitment committee shall from among the candidates who have applied in pursuance to the advertisements under Rule 5 and on the basis of specified in rule 6 and subject to the orders in force from time to time relating to reservation to appointments or posts, prepare the merit list of candidates equal to the number of vacancies notified.

(2) If two or more candidates have secured equal percentage of marks in the qualifying examination, the order of merit in respect of such candidates shall be fixed on the basis of their age, the elder in age

Click Here to Read the rest of this document