Karnataka High Court
Shri Sangamesh S/O Nagappa Rudagi vs The State Of Karnataka on 3 July, 2023
Bench: S.Vishwajith Shetty
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WP No. 102231 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 3RD DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 102231 OF 2022 (S-RES)
BETWEEN:
SHRI SANGAMESH S/O NAGAPPA RUDAGI,
AGE. 50 YEARS, OCC. SERVICE,
R/O. KUTAKANKERI-KU, KENDUR,
TQ. BADAMI, DIST. BAGALKOT-587201.
... PETITIONER
(BY SRI. H M DHARIGOND, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP BY SECRETARY PRIMARY & SECONDARY
EDUCATION DEPARTMENT, M.S.BUILDING,
Digitally signed
BANGALORE-560001.
by RAKESH S
HARIHAR
RAKESH Location: High 2. THE COMMISSIONER OF PUBLIC
Court of
S Karnataka, INSTRUCTIONS, RODDA ROAD,
Dharwad
HARIHAR Date: DHARWAD-580001.
2023.07.07
11:17:05
+0530
3. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
RODDA ROAD, DHARWD,
TALUK DHARWAD,
DIST. DHARWAD-580001.
4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS,
DIST. ADMINISTRATIVE BUILDING,
ROOM NO.132, NAVANAGAR,
BAGALKOT-587101.
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WP No. 102231 of 2022
5. THE BLOCK EDUCATING OFFICE,
PUBLIC INSTRUCTIONS, BADAMI,
DIST. BAGALKOT-587201.
6. THE VEERSHAIV PRAGATISHEEL SHIKSHAN SANSTE,
KUTAKANKERI-KENDUR, R/BY ITS CHAIRMAN,
TQ. BADAMI, DIST.BAGALKOT-587201.
7. THE HEAD MASTER,
VEERSHAIV PRAGATISHEEL SHIKSHAN SANSTE,
SECONDARY SCHOOL, KUTAKANKERI-KENDUR,
TQ. BADAMI, DIST.BAGALKOT-587201.
... RESPONDENTS
(BY SRI. VINAYAK S KULKARNI, AGA FOR R1-R5;
SRI. GANESH RAIBAGI, ADVOCATE FOR R6 & R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A
WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
IMPUGNED ENDORSEMENT ISSUED BY THE 2ND RESPONDENT
VIDE ¸ÀASÉå: f1(1)/±Á²C/¸À/«ªÀ/42/200-09/3841 ¢£ÁAPÀ:
05.01.2022 VIDE ANNEXURE-T & ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner who is working as Assistant
Teacher in 6th and 7th respondent-Institution has
approached this Court in the instant writ petition with a
prayer to quash the impugned endorsement as Annexure-
T dated 05.01.2022 issued by the 2nd respondent in
proceedings bearing No.JI1(1)/SHASHIA/S/VIVA/42/2008-
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WP No. 102231 of 2022
09/3841 and also issue a writ of mandamus directing
respondent Nos. 1 and 2 to approve the post of the
petitioner for grant-in-aid and release the salary to him
from the date of appointment i.e., 16.06.1993 with all
consequential benefits in the light of the order passed by
this Court in WP No.110766/2015 dated 22.03.2018 vide
Annexure-S.
2. Heard the learned counsel for the parties and
also perused the material on record.
3. Facts leading to filing of this writ petition
narrated briefly are; the petitioner was appointed as
Assistant Teacher in Kannada subject on 16.06.1993. The
petitioner's appointment was approved by the Competent
Authority without financial assistance vide order Annexure-
L dated 24.07.2013. Thereafter, it appears that the 6th
respondent-Institution had forwarded the proposal to the
2nd respondent for admitting the benefits of grant-in-aid to
the post of the petitioner. The said proposal made by the
Institution was rejected vide communication Annexure-P
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dated 27.12.2013. Being aggrieved by the same, the
petitioner had approached this Court in WP
No.110766/2015. The said writ petition was allowed and
this Court having quashed the endorsement dated
27.12.2013, had directed the respondent Nos.1 and 2
therein to re-consider the case of the petitioner in the light
of the circulars of the State and the decision of this Court
in Writ Appeal No.675/1994 disposed of on 29.10.1996
and thereafter to pass orders afresh in accordance with
law. Pursuant to the disposal of WP No.110766/2015, the
petitioner had submitted one more representation along
with copy of circulars and copy of the judgment passed in
WA No.675/1994 as directed by this Court. The 2nd
respondent thereafter has passed the impugned
endorsement Annexure-T dated 05.01.2022 onceagain
rejecting the petitioner's case for admitting him for the
benefits of grant-in-aid. Being aggrieved by the same, the
petitioner is before this Court.
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4. Learned counsel for the petitioner submits that
the 2nd respondent has failed to comply the directions
issued by this Court in WP No.110766/2015. He submits
that the petitioner has put up nearly 30 years of service
and therefore there is no justification to deny the benefits
of grant-in-aid to the petitioner, when similarly situated
other teachers working in the respondents-Institution have
been extended with the said benefits. He submits that the
reason assigned by the 2nd respondent for rejecting
petitioner's case are not cogent and acceptable and
accordingly, he prays to allow the writ petition.
5. Per contra, learned AGA appearing for the
respondents submits that the petitioner has got alternative
efficacious remedy against the impugned endorsement
under the provisions of the Karnataka Education Act,
1983. Therefore the petition is not maintainable. He
submits that the 2nd respondent has re-considered the
case of the petitioner in accordance with law and
directions issued by this Court in WP No.110766/2015 and
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therefore no fault can be found with the impugned
endorsement and accordingly he prays to dismiss the writ
petition.
6. I have given my anxious consideration to the
arguments addressed on both sides and also perused the
material on record.
7. In the earlier round of litigation, the petitioner
had challenged the endorsement/order dated 27.12.2013,
which was issued by the 1st respondent stating that the
petitioner's case for admitting his post to the benefits of
grant-in-aid, cannot be considered as the petitioner had
crossed the age limit at the time of his appointment. The
said endorsement dated 27.12.2013, was questioned by
the petitioner before this Court in WP No.110766/2015
and this Court had allowed the said writ petition vide order
at Annexure-R dated 22.03.2018, placing reliance on the
circulars dated 07.02.2009 and 09.11.2010 and also on
the judgment of the Division Bench of this Court in Writ
Appeal No.675/1994 disposed of on 29.10.1996. This
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Court while remitting the matter to the respondent Nos.1
and 2 therein to re-consider the case of the petitioner, had
directed the respondents to pass fresh orders in
accordance with law, taking into consideration the
aforesaid two circulars and also the decision of this Court
in Writ Appeal No.675/1994. From the perusal of the
impugned endorsement at Annexure-T dated 05.01.2022,
it is seen that the order passed by this Court in WP
No.110766/2015 is not complied with by the
respondent/competent authority before considering the
case of the petitioner. The circulars dated 07.02.2009 and
09.11.2010 and the judgment in Writ Appeal No.675/1994
appears to have not been considered by the respondents
before issuing the impugned endorsement at Annexure-T.
Under the circumstances, the impugned endorsement at
Annexure-P dated 27.12.2013, cannot be sustained for the
simple reason that the said order is passed without
complying the orders passed by this Court in WP
No.11076/2015. In addition to the same, the reason
assigned by the Competent Authority while issuing the
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WP No. 102231 of 2022
impugned endorsement at Annexure-T dated 05.01.2022,
also cannot be accepted for the simple reason that the
said Authority has failed to consider that the petitioner has
put in 30 years of service in the Institution. The
petitioner's appointment therefore cannot be said to be
bad, on the ground that the notification calling for
applications was published by the Institution in only one
newspaper or that only three candidates had appeared,
pursuant to the said notification etc. Under the
circumstances, I am of the considered view that the
impugned endorsement at Annexure-T dated 05.01.2022
issued by the respondents, cannot be sustained.
Accordingly, the following:
ORDER
The writ petition is allowed.
The impugned endorsement at Annexure-T dated
05.01.2022 issued by the 2nd respondent bearing
No.JI1(1)/SHASHIA/S/VIVA/42/2008-09/3841, is quashed
and the matter is remitted to re-consider the case of the
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petitioner afresh strictly in the light of the orders passed
by this Court in WP No.110766/2015 disposed of on
22.03.2018 and also taking into consideration the
observation made by this Court while disposing of this writ
petition.
The said exercise shall be done by the Competent
Authority as expeditiously as possible, but not later than a
period of six months from the date of receipt of certified
copy of this order.
Sd/-
JUDGE
Kgk/Ct:Bck
