Karnataka High Court
Dr Mahadev S/O. Siddappa Arer vs The State Of Karnataka on 21 February, 2023
Bench: E.S.Indiresh
-1-
WP No. 64735 of 2011
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO. 64735 OF 2011 (S-RES)
BETWEEN:
1. DR MAHADEV S/O. SIDDAPPA ARER,
AGE: ABOUT 40 YEARS, OCC: TEACHING ASST., IN
YOGA STUDIES, DEPARTMENT OF YOGA, KARNATAKA
UNIVERSITY, DHARWAD.
...PETITIONER
(BY SRI. GANESH RAIBAGI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP/BY ITS PRINCIPAL SECRETARY TO
GOVT.EDUCATION DEPARTMENT (HIGHER)
M.S.BUILDING, BANGALORE-560 001.
Digitally signed by
CHANDRASHEKAR
LAXMAN
CHANDRASHEKAR
LAXMAN
KATTIMANI
KATTIMANI
Location: HIGH
COURT OF
2. THE COMMISSIONER OF COLLEGIATE EDUCATION
KARNATAKA
SESHADRI ROAD, BANGALORE-560 001
DHARWAD
Date: 2023.02.23
15:59:03 +0530
3. THE DIRECTOR OF COLLEGIATE EDUATION
SESHADRI ROAD, BANGALORE-560 001
4. THE JOINT DIRECTOR OF COLLEGIATE EDUCATION
DHARWAD DIST: DHARWAD
5. THE VICE CHANCELLOR
KARNATAKA UNIVERSITY, DHARWAD
6. THE KARNATAKA UNIVERSITY
-2-
WP No. 64735 of 2011
DHARWAD
REP/BY ITS REGISTRAR
...RESPONDENTS
(BY SRI. SHIVAPRABHU S. HIREMATH, AGA FOR R1 TO R4
SRI SUNIL KHOT, ADVOCATE FOR
SRI RAMACHANDRA A.MALI, ADVOCATE FOR R6
R5 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO:A. QUASH
THE IMPUGNED ORDER DATED 24/05/2011 VIDE ANNEXURE-D
PASSED BY THE RESPONDENT NO.6. B. DIRECT THE
RESPONDENTS TO REGULARIZE HIS SERVICE AS ASSISTANT
PROFESSOR ON PAR WITH OTHERS.
THIS PETITION, COMING ON FOR FURTHER HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Head the learned counsel appearing for the parties.
2. In this writ petition, the petitioner has
challenged the Endorsement dated 24.05.2011 issued by
the respondent-University, declining to entertain the case
of the petitioner for regularization.
WP No. 64735 of 2011
3. The respondent-University after considering
the law laid down by the Hon'ble Apex Court in the case of
Secretary, State of Karnataka and others vs Umadevi
and others reported in (2006) 4 SCC 1 has arrived at
conclusion that the petitioner has not complied with the
four parameters lay down at paragraph 53 of said
judgment. However, learned counsel appearing for the
petitioner submitted that the petitioner has worked more
than ten years, continuously with the respondent-
University and accordingly, he made representation dated
06.07.2011 (Annexure-E) to the respondent-University to
consider him for regularization of service. Therefore, this
Court is of the opinion that, in the event, if the petitioner
herein substantiates his case with relevant records that
the petitioner has appointed as against the sanctioned
post and was in continuous service for more than ten
years with the respondent-University and the same shall
be considered by the respondent-University in accordance
with the judgment rendered by the Hon'ble Apex Court in
the case of Umadevi (supra) within a period of eight
WP No. 64735 of 2011
weeks from the date of receipt of certified copy of this
order. With these observations, the writ petition is
disposed of. The petitioner is also permitted to make one
more representation with cogent material to substantiate
his case as per the ratio laid down by the Hon'ble Apex
Court in the case of Umadevi referred above.
Sd/-
JUDGE
SB
