Karnataka High Court
B V Sarasavalli vs The State Of Karnataka on 15 March, 2022
Bench: Alok Aradhe, S Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF MARCH 2022
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY
W.A. No.1123 OF 2021 (S-PRO)
BETWEEN:
B.V. SARASAVALLI
D/O B. VENKATACHALAPATHY
AGED ABOUT 64 YEARS
OCC:ASSISTANT PROFESSOR (RETD)
(LECTURER MATHEMATICS)
GOVT. FIRST GRADE COLLEGE
KENGERI.
PRESENTLY R/AT
NO.40, VENKATACHALAM NILAYAM
2ND MAIN ROAD, N R COLONY
BENGALURU 560019.
... APPELLANT
(BY MR. NATARAJ G, ADV.,)
AND:
1. THE STATE OF KARNATAKA
THE PRINCIPAL SECRETARY
DEPARTMENT OF COLLEGIATE EDUCATION
2ND FLOOR, TECHNICAL EDUCATION BUILDING
PALACE ROAD, BANGALORE-560001.
2. THE COMMISSIONER
EDUCATION DEPARTMENT
NRUPATUNGA ROAD
BANGALORE-01
2
3. THE DIRECTOR
DEPARTMENT OF COLLEGIATE EDUCATION
2ND FLOOR, TECHNICAL EDUCATION BUILDING
PALACE ROAD, BANGALORE-56001.
... RESPONDENTS
(BY MRS. VANI H, AGA)
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER BEING
PASSED IN WP NO.14015/2013(S) BEING PASSED BY THE
LEARNED SINGLE JUDGE DATED 18.08.2021.
THIS W.A. COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal arises from an order dated 18.08.2021
passed by learned Single Judge, by which writ petition
preferred by the appellant has been dismissed.
2. Facts leading to filing of this appeal briefly stated are
that the services of the appellant were regularized as
permanent lecturer in Mathematics in BMS College for
Women, Basavanagudi on 29.01.1992. The appellant
completed the first refresher course from 02.06.1998 to
29.06.1998 and the second refresher course from
10.04.2000 till 05.05.2000. The appellant was thereafter
promoted as lecturer (Senior Scale) by an order dated
22.09.2011 and was granted the financial benefits of the
aforesaid post with effect from 10.08.2003 i.e., the date on
which the appellant completed her orientation course.
3. Admittedly, for promotion to the post of lecturer
(selection grade) a candidate should have completed two
refresher courses. The appellant completed two refresher
courses as stated supra in the year 1998 and 2000. It is the
case of the appellant that by an order dated 19.01.2013, the
Director, Technical Education refused to promote the
appellant to the post of lecturer (selection grade) on the
ground that the appellant is required to complete one more
refresher course. The appellant assailed the order in an
appeal under Section 130 of the Karnataka Education Act,
1983. The State Government by an order dated 30.09.2014
rejected the prayer of the appellant to accord placement on
the post of lecturer (selection grade) with effect from
15.11.2004. The appellant challenged the aforesaid orders in
a writ petition, which has been dismissed by learned Single
Judge.
4. Learned counsel for the appellant submitted that
there is no requirement in the Rules that the appellant should
undergo two refresher courses after she becomes lecturer
(senior scale) and refresher courses undergone by the
appellant even in earlier point of time can be taken into
account.
5. We have considered the submissions made on both
sides. The requirement of completion of two refresher
courses contained in the scheme as formulated vide
Government Order dated 15.11.1999, read as under:
(i) From lecturer to lecturer (senior scale), one
orientation course would be compulsory for university and
college teachers. Those without Ph.D would be required to
do one refresher course in addition.
(ii) Two refresher courses are required for promotion
from lecturer (senior scale) to lecturer (selection grade).
6. Thus, from perusal of the aforesaid requirement, it is
evident that the candidate must have undertaken two
refresher courses after becoming lecturer (senior scale) for
promotion to the post of lecturer (selection grade). The
object and purpose of the refresher course is to ensure that
the candidate requires latest knowledge in the subject. The
contention of the appellant that even previous refresher
courses done by her prior to her becoming lecturer (senior
scale), should be taken into account for the purposes of
promotion to the post of lecturer (selection grade) cannot be
accepted. Admittedly, the appellant does not fulfill the
requirement of two refresher courses after holding the post
of lecturer (senior scale). The learned Single Judge has
therefore, rightly upheld the order dated 30.09.2014 passed
by the appellate authority.
For the aforementioned reasons, we concur with the
view taken by the learned Single Judge. In the result, we do
not find any merit in this appeal, the same fails and is hereby
dismissed in limine.
Sd/-
JUDGE
Sd/-
JUDGE
SS
