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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF MARCH, 2021

PRESENT

THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT APPEAL NO.477/2020 (EDN-RES)

BETWEEN:

1.

THE STATE OF KARNATAKA

REPTD. BY ITS SECRETARY,

EDUCATION DEPARTMENT,

(PRIMARY AND SECONDARY)

M.S. BUILDING,

BENGALURU-560 001.

2.

THE ADDITIONAL SECRETARY

TO THE GOVERNMENT

PRIMARY AND SECONDARY EDUCATION,

M.S. BUILDING,

BENGALURU-560 001.

3.

THE DIRECTOR

PRE UNIVERSITY EDUCATION

18TH CROSS, MALLESHWARAM,

BENGALURU-560 003.

4.

THE DEPUTY DIRECTOR

PRE UNIVERSITY EDUCATION DEPARTMENT,

HAVERI DISTRICT,

HAVERI-581 110.

…APPELLANTS

(BY SRI.S.S.MAHENDRA, ADV.,)

AND:

SARVANGA VIDYA PEETA,

B T PATIL PRE UNIVERSITY COLLEGE

MASUR, HIREKERUR TALUK,

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HAVERI DISTRICT-581 110.

REPRESENTED BY ITS PRESIDENT

… RESPONDENT

(BY SRI.M.P.SRIKANTH, ADV.)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT PRAYING TO (A) ALLOW THE WRIT

APPEAL (B) SET ASIDE THE ORDER PASSED BY THE HON’BLE SINGLE

JUDGE, DATED 28/05/2019 IN WRIT PETITION NO.26838/2018

(EDN-RES) BY ALLOWING THIS WRIT APPEAL AND ETC.

THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING

THIS DAY, SATISH CHANDRA SHARMA J., DELIVERED THE

FOLLOWING:

JUDGMENT

The present appeal is arising out of the order dated

28.5.2019 passed by the learned Single Judge in W.P.

No.26838/2018 (Sarvagna Vidya Peeta Vs. State of Karnataka

and others).

2. The facts of the case reveal that a writ petition was

preferred before the learned Single Judge by the petitioner-

Sarvagna Vidya Peeta being aggrieved by the order dated

30.5.2018 passed in appeal No.8/2010 (ED 513 DGW 2012)

wrongly numbered as appeal No.28/2014 (ED 513 DGW 2012)

by the 2^nd respondent therein, by which the request of the writ

petitioner was turned down to fill up the post of lecturer in

question from general category in stead of reserving the same

for a particular category. The petitioner-Sarvagna Vidya Peeta

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as a Society registered udder the Karnataka Societies

Registration Act, 1960, was permitted by the Government for

running the institution to impart education to the students. The

petitioner established B.T. Patil Pre-University College and the

said college was admitted to grant-in-aid and the large number

of vacancies of Assistant Professors were available in respect of

History, Economics and Political Science and Geography

subjects. The college finally wanted to fill up the vacancy in

respect of Political Science and the college was permitted by

the Government to fill up the vacancy by appointing a

candidate belonging to the Scheduled Caste. In those

circumstances, an appeal was preferred before the Additional

Secretary to the Government of Karnataka and the appeal was

turned down. The learned Single Judge taking into account the

judgment delivered by the Apex Court in the case of STATE OF

KARNATAKA AND OTHERS Vs. K. GOVINDAPPA AND

ANOTHER reported in (2009)1 SCC 1, has disposed of the

writ petition holding that a single post cannot constitute a cadre

in itself for the purpose of reservation. The learned Single

Judge has also held that the reservation cannot be applied to a

single isolated post as it would amount to 100% reservation.

Against the order passed by the learned Single Judge, the

present writ appeal has been preferred.

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3. Learned Counsel for the appellant-State of Karnataka

has vehemently argued before this Court that B.T. Patil

Composite Pre-University College is an institution established

by Sarvagna Vidya Peeta, which was registered under the

Bombay Trust Act. The College was established in terms of the

Government Order dated 02.07.1981 and was also admitted to

grant-in-aid by the Government. It has been argued that the

college consists of posts of lecturers