Karnataka High Court
Dr. Jagadish S/O Girimallappa Baragi vs Government Of Karnataka on 2 February, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
-1-
NC: 2024:KHC-D:2382
WP No. 112955 of 2014
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
WRIT PETITION NO. 112955 OF 2014 (S-RES)
BETWEEN:
DR. JAGADISH S/O GIRIMALLAPPA BARAGI,
AGE: 49 YEARS, OCC: SERVICE,
ASSISTANT PROFESSOR,
JSS COLLEGE, VIDYAGIRI,
DHARWAD.
... PETITIONER
(BY SRI. ANOOP G. DESHPANDE, ADVOCATE)
AND:
1. GOVERNMENT OF KARNATAKA,
R/BY ITS PRINCIPAL SECRETARY,
Digitally
signed by
MANJANNA
HIGHER EDUCATION DEPARTMENT,
MANJANNA E
E Date:
2024.02.06
11:26:13
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
+0530
BENGALURU-560001.
2. ADDITIONAL DIRECTOR,
DEPARTMENT OF COLLEGIATE EDUCATION,
PALACE ROAD, BENGALURU.
3. REGIONAL JOINT DIRECTOR,
DEPARTMENT OF COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA, DHARWAD.
... RESPONDENTS
(BY SRI. BHOJEGOUDA T. KOLLER, AGA)
-2-
NC: 2024:KHC-D:2382
WP No. 112955 of 2014
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
CALL FOR RECORDS RELATING TO THE CASE FROM THE
RESPONDENT AUTHORITIES PERTAINING TO THE CASE OF
PETITIONER AND ISSUE WRIT OF CERTIORARI OR ANY
OTHER APPROPRIATE WRIT OR ORDER BY QUASHING
ENDORESMENT ISSUED BY 2ND RESPONDENT DATED
22.04.2014 BEARING NO. PÁ²E / 205 / jPÀ / PÀAµÀ / zsÁ«/
2013-14 / £Éë-2 AS PER ANNEXURE-H AND ORDER
DATED 21.02.2014, PASSED BY THE 1ST RESPONDENT IN
APPEAL NO.28/2013 (ED 238 UPC 2013) AS PER
ANNEXURE-J AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
1. The petitioner has challenged the order by which
his request for regularization in V.M.S.R.V. Arts, Science &
Commerce College, Hunagund has been rejected.
2. The Hon'ble Supreme Court in the case of
Karnataka State Private College Stop Gap Lecturers
Association, B.R. Parineeth Vs. State of Karnataka1
had passed an order on 29.01.1992, issuing the following
directions:
LAWS(SC)-1992-1-30
NC: 2024:KHC-D:2382
(1) Services of such temporary teachers who have
worked as such for three years, including the
break till today shall not be terminated. They
shall be absorbed as and when regular
vacancies arise.
(2) If regular selections have been made the
Government shall create additional posts to
accommodate such selected candidates.
(3) The teachers who have undergone the process
of selection under the directions of the High
Court and have been appointed because of the
reservation policy of the Government be
regularly appointed by creating additional
posts.
(4) From the date of judgment every temporary
teacher shall be paid salary as is admissible to
teachers appointed against permanent post.
(5) Such teachers shall be continued in service
even during vacations.
NC: 2024:KHC-D:2382
3. The petitioner had not completed three years of
Service in V.M.S.R.V. Arts, Science & Commerce College,
Hunagund and was therefore not entitled for the benefit of
the said order.
4. However, the petitioner's case was considered in
the category of those stop gap lecturers, who had
completed three years after 29.01.1992 and though the
services of the petitioner was dispensed with from
V.M.S.R.V. Arts, Science & Commerce College, Hunagund,
his services were regularized on 11.08.1998 in Mahantha
Swamy Arts, Science & Commerce College, Hamsabhavi on
the ground that there was a need in the said College and
the Management had also no objection for his
regularization.
5. After the petitioner was regularized in the year
1998, he has raised a dispute in 2011 requesting that his
services be regularized with effect from the date on which
he had completed his three years service as a stop gap
NC: 2024:KHC-D:2382
Lecturers in V.M.S.R.V. Arts, Science & Commerce College,
Hunagund.
6. The petitioner sought to bring his case within the
third category specified in the order of the Hon'ble Supreme
Court i.e., teachers who had undergone the process of
selection under the direction of the High Court and had not
been appointed because of the reservation policy of the
Government.
7. Since the petitioner took advantage of the
regularization of his services made in Mahantha Swamy
Arts, Science & Commerce College, Hamsabhavi in 1998, in
my view, it would not be open for him to reagitate his claim
for regularization from the completion of three years
service from the date he was initially appointed in
V.M.S.R.V. Arts, Science & Commerce College, Hunagund
and thereby bring himself within the first category of the
cases indicated in the order of the Hon'ble Supreme Court.
NC: 2024:KHC-D:2382
8. In my view, since the petitioner has already
been regularized by bringing his case into the second
category of the lecturers indicated in the order of the
Hon'ble Supreme Court, it would not be permissible for him
to revive his claim for regularization under the first
category. The petition is therefore dismissed.
Sd/-
JUDGE
VNP*/CT:BCK
