Karnataka High Court
Smt D Chennamma Education Society vs The State Of Karnataka on 5 June, 2023
Bench: E.S.Indiresh
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NC: 2023:KHC:19066
WP No. 8145 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.8145 OF 2023 (S-RES)
BETWEEN:
1. SMT. D. CHENNAMMA EDUCATION SOCIETY
MADAPUR, SOMWARPET TALUK,
KODAGU DISTRICT - 571251.
REPRESENTED BY ITS
PRESIDENT.
2. SMT. PRAMILA B.M.
AGED ABOUT 42 YEARS,
PRESENTLY WORKING AS
KANNADA LECTURER
SMT. D. CHENNAMMA PRE-UNIVERSITY COLLEGE
MADAPUR, SOMWARPET TALUK,
KODAGU DISTRICT - 571251
RESIDING AT:
SMT. PRAMILA,
W/O VENAKTESH P.B.
Digitally signed by
ARUN KUMAR M S MADAPURA VILLAGE AND POST,
Location: HIGH COURT
OF KARNATAKA SOMWARPET TALUK,
KODAGU DISTRICT - 571251.
...PETITIONERS
(BY SRI. SRIKANTH M P.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
PRIMARY AND SECONDARY EDUCATION
GOVERNMENT OF KARNATAKA,
M.S.BUILDING,
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NC: 2023:KHC:19066
WP No. 8145 of 2023
DR. AMBEDKAR VEEDHI,
BENGALURU - 560001.
2. THE DIRECTOR
PRE-UNIVERSITY EDUCATION DEPARTMENT,
18TH CROSS, MALLESHWARAM,
BENGALURU - 560012.
3. THE DEPUTY DIRECTOR
PRE-UNIVERSITY EDUCATION DEPARTMENT
KODAGU DISTRICT,
KODAGU - 571 201.
...RESPONDENTS
(BY SRI. M.S.NAGARAJA, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT BEARING NO.PAPUSHIE/AA-1/VV-12/KAHUBA/
2021-22 DATED 22.02.2023 ISSUED BY THE RESPONDENT 2
VIDE ANNEXURE - R AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Heard learned counsel appearing for the parties.
2. In this writ petition, petitioners are assailing the
endorsement dated 22.02.2023 (Annexure-R) issued by the
second respondent, wherein, the post of Kannada Lecturer in
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WP No. 8145 of 2023
Smt.D.Chennamma Pre-University College, Madapura, Kodagu
Dist., has been reserved for category-3.
3. Sri. M.P. Srikanth, learned counsel appearing for the
petitioner contended that, the post of Kannada Lecturer in the
aforementioned college is a solitary post which could not be
reserved as per the Judgment passed by the Hon'ble Supreme
Court in the case of R.R. INAMDAR Vs. STATE OF
KARNATAKA AND OTHERS reported in (2020) 19 SCC 543.
4. Sri. M.S. Nagaraja, learned Additional Government
Advocate opposed the submission made by the learned counsel
appearing for the petitioner and submitted that the petitioner
be relegated to approach the Institution seeking redressal of his
grievance, and accordingly, sought for dismissal of the writ
petition.
5. In the light of the submission made by the learned
counsel appearing for the parties, careful examination of the
writ papers would indicate that, there are two vacant posts in
the aforementioned college, namely, post of Lecturer in Political
Science and Kannada Language. In that view of the matter,
having taken note of the declaration of law made by the
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WP No. 8145 of 2023
Hon'ble Supreme Court in the case of R.R. INAMDAR (supra),
I am of the view that the endorsement dated Annexure-R is
liable to be set aside.
6. In that view of the matter, petitioner No.1 - Institution is
permitted to publish the notification for appointment of
Lecturers referred to above in terms of the Judgment passed by
the Hon'ble Supreme Court, referred to above.
7. Accordingly, writ petition is allowed. The endorsement
dated 22.02.2023 ( Annexure-R) is set aside.
8. Respondent - authorities are directed to permit the
petitioner No.1 - Institution to appoint Lecturers in the College,
at the earliest, within two months from the date of receipt of
this Order and in the light of the order passed by the Hon'ble
Supreme Court, stated supra.
SD/-
JUDGE
sac*
