Karnataka High Court
Sri Gadigayyaswamy S H vs The Director on 6 July, 2022
Bench: S.Sunil Dutt Yadav
-1-
WP No. 29722 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO.29722 OF 2019 (S-RES)
BETWEEN:
1. SRI GADIGAYYASWAMY S H
S/O S.G. HIREMATH,
AGED ABOUT 46 YEARS
OCC: HINDI LECTURER,
D.V.S. PRE UNIVERSITY (INDI) COLLEGE,
BASAVESWARA CIRCLE,
SHIVAMOGGA - 577 201.
... PETITIONER
(BY SRI. M.V. HIREMATH, ADVOCATE)
AND:
1. THE DIRECTOR
PRE UNIVERSITY EDUCATION DEPARTMENT,
18TH CROSS, MALLESWARAM,
BENGALURU - 560 012.
Digitally signed
by VIJAYA P 2. THE DEPUTY DIRECTOR
Location: High PRE UNIVERSITY EDUCATION DEPARTMENT,
Court of SHIVAMOGGA,
Karnataka
SHIVAMOGGA DISTRICT - 577 201.
3. THE SECRETARY
DESHEEYA VIDYA SHALA SAMITHI (R)
SHIVAMOGGA,
SIR.M.V.ROAD,
-2-
WP No. 29722 of 2019
BASAVESWARA CIRCLE,
SHIVAMOGGA - 577 201.
... RESPONDENTS
(BY SRI. S. RAJENDRA, ADVOCATE FOR
SRI S.V. PRAKASH, ADVOCATE FOR R3;
SMT. M.C. NAGASHREE, AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED NOTIFICATION DATED 25.06.2019 IT
WAS PUBLISHED ON 26.06.2019 IN THE PRAJAVANI KANNADA
DAILY NEWSPAPER PUBLISHED BY THE R-3 IN RESPECT
SL.NO.3, HINDI LECTURE POST, VIDE ANNEXURE-Z, IN SO FAR
AS PETITIONER IS CONCERNED AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner has sought for issuance of writ of certiorari
to quash the notification dated 25.06.2019 published by
the 3rd respondent in respect of the post of Hindi Lecturer
as per Annexure-Z and has sought for issuance of writ of
mandamus to direct the 3rd respondent to fix the date of
interview as per the notification dated 21.04.2016 at
Annexure-K.
2. It is the case of the petitioner that the
recruitment process for the post of lecturer in Hindi
WP No. 29722 of 2019
subject was initiated on 26.12.2015 and for certain
administrative reasons and as there were no sufficient
applications of qualified candidates, the process of inviting
fresh applications was recommenced as per the
advertisement dated 21.04.2016. It is an admitted fact
that the process of recruitment pursuant to the
advertisement on 21.04.2016 was also dropped and it is
submitted that as the president of the 3rd respondent died,
the selection process could not be completed on the day
fixed. It is further submitted that another notification
came to be issued for filling up of the same post as per
Annexure-Z dated 26.06.2019 as on which date, petitioner
submits that he was ineligible to apply because he had
crossed the age limit.
3. It is the case of the petitioner that insofar as
the recruitment process of 26.12.2015 he had made his
application and was eligible as is evident from Annexure-J
which is a receipt for having accepted the application of
petitioner. It is further submitted that as per the
WP No. 29722 of 2019
Notification at annexure-K dated 21.04.2016, those who
had applied during the earlier advertisement were not
required to apply afresh. It is submitted that once the
petitioner was eligible under the earlier recruitment
process, which was deferred subsequently, the petitioner
acquires a vested right to participate in the selection
process. Reliance is placed on the judgment of the Apex
Court in the case of N.T. Devin Katti and others vs.
Karnataka Public Service Commission and others -
(1990) 3 SCC 157. Accordingly, it is submitted that the
respondent may be at liberty to initiate a fresh notification
for selection process and in light of the facts as made out,
petitioner may be permitted to participate with exemption
as regards age limit, if otherwise he is entitled to
participate in the selection process.
4. Learned counsel for the respondents submits
that the recruitment process was put off only due to
certain reasons beyond the control of the authorities and is
borne out from the records.
WP No. 29722 of 2019
5. Heard both sides.
6. It is not in dispute that the petitioner had
applied and was eligible as regards his age insofar as the
recruitment initiated pursuant to the notification dated
26.12.2015. As the recruitment pursuant to notification of
26.12.2015 was called off as no sufficient eligible
candidates had applied, fresh notification came to be
issued on 21.04.2016. As per clause 14 of the said
notification, those who had applied earlier were not
required to apply afresh. Accordingly, the petitioner having
applied as per the application at Annexure-J was not
required to file a fresh application as regards the
notification of 21.04.2016. The fact that the recruitment
process under the notification of 21.04.2016 was deferred
is not dispute. The reason for such deferment is stated to
be the death of the President of 3rd respondent -
Institution. As regards such aspect, same is not attributed
to any lapse on the part of the petitioner.
WP No. 29722 of 2019
7. It is submitted that after the recruitment
process at Annexure-K, interview date was fixed as
regards the petitioner on 18.08.2018, which however was
cancelled in light of the election to the local authority.
Subsequently, fresh notification has been issued at
Annexure-Z for recruitment. It is further submitted that
fresh recruitment process was sought to be initiated as per
Annexure-Z in respect of the same post. It is submitted
that this recruitment process needs to be construed to be
continuation of the recruitment process at Annexure-K and
such contention requires to be accepted as post remained
unfilled despite the earlier efforts for recruitment as per
the notification at Annexure-K. The Apex Court in the case
of N.T. Devin Katti (supra) has observed that a candidate
who makes an application to a post pursuant to an
advertisement acquires a vested right for being considered
for selection in accordance with the Rules as they existed
on the date of advertisement.
WP No. 29722 of 2019
8. In the present case, it must be noticed that in
light of the interim order, the recruitment process at
Anenxure-Z has been stalled for a period of 3 years. It is
not in public interest to further prolong the interim order
and matter requires to be disposed off. Public interest
would also be met with if the recruitment process is
permitted to be proceeded forthwith. Taking note of the
judgment of the Apex Court and also noting that the
petitioner's application as regards the recruitment process
as per the notification at Annexure-K was valid, the
cancellation of recruitment process and re-initiation at
Annexure-Z for the same post ought not to take away the
right of the petitioner to participate in the selection
process if he is otherwise eligible except for the limitation
regarding age.
9. The petitioner is permitted to participate in the
recruitment process as regards the post of Hindi Lecturer
which is the subject matter of Annexure-Z. The
respondents are at liberty to initiate fresh advertisement
WP No. 29722 of 2019
as regards the post which is the subject matter of
recruitment at Annexure-Z. If it is administratively
practically convenient and feasible, the recruitment
process for the said post to be initiated within four months
from this day.
Accordingly, the petition is disposed off.
Sd/-
JUDGE
VP
