Karnataka High Court
Sri. Nataraja M N vs The Principal Secretary on 6 February, 2024
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NC: 2024:KHC:5097
WP No. 7254 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 7254 OF 2023 (S-RES)
BETWEEN:
1. SRI. NATARAJA M N
S/O NANJEGOWDA M.K.
AGE ABOUT 52 YEARS
WORKING AS A ASST. CRAFT TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL,
M.D. HOSUR (DUDDA), ATTAVARA POST,
TALUK AND DIST. HASSAN.
2. SMT. NAINAVATI
W/O UMAKANTH GUDAGE
AGE ABOUT 52 YEARS
WORKING AS A ASST. CRAFT TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL,
Digitally
BETBALKUNDA TQ, BASAVAKALYAN,
signed by
ALBHAGYA DIST. BIDAR-585401.
Location:
HIGH COURT 3. SMT. SHAHINA TASLIM S.A.
OF D/O LATE SYEDABBAS
KARNATAKA AGE ABOUT 54 YEARS,
WORING AS A HINDI TEACHER,
SRIMATHI INDIRA GANDHI RESIDENTIAL
SCHOOL(SC-101, B. DURGA, HOLALKERE TALUK,
CHITRADURGA DIST.
4. SMT. SAMATHA A. M.
D/O NAGABHUSHANAYYA A. M.
AGE ABOUT 34 YEARS
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WP No. 7254 of 2023
WORKING AS A SCIENCE GUEST TEACHER(CBZ),
MORARJI DESAI RESIDENTIAL SCHOOL (S.C-92),
HALUVAGALU, HARAPANAHALLI TALUK,
VIJAYANAGAR DIST. 583213.
5. SRI JAGADISH
S/O SHRIKANTH
AGE ABOUT 33 YEARS
WORKING AS A SOCIAL SCIENCE GUEST TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL(BC-502),
BHALKI DIST, BIDAR-585328.
6. SRI. SANJEEV KUMAR
S/O SITARAM RATHOD
AGE ABOUT 41 YEARS,
WORKING AS A STAFF NURSE,
SRIMATHI INDIRA GANDHI RESIDENTIAL
SCHOOL (SC-637), KHAJURI, TALUK ALAND,
DIST. KALABURGI-585314.
7. PRADEEP BHEEMARAO GODBOLE
AGE ABOUT 34 YEARS
WORKING AS A ENGLISH GUEST TEACHER,
MORARJI DESAI MODEL RESIDENTIAL SCHOOL
(SC-242) MARAGUR, INDI TALUK,
VIJAYAPUR DIST-586204.
8. SRI. KARIYAPPA CHOUDANAIKAR
S/O PALAPPA C
AGED 42 YEARS
WORKING AS A SOCIAL GUEST TEACHER,
ATAL BIHARI VAJAPAYEE RESIDENTIAL SCHOOL
AND COLLAGE, HALUVAGALU, HARAPANAHALLI
TALUK, VIJAYANAGAR DIST.
...PETITIONERS
(BY SRI. JAGDISH SHASTRI, ADVOCATE)
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WP No. 7254 of 2023
AND:
1. THE PRINCIPAL SECRETARY
SOCIAL WELFARE DEPARTMENT,
STATE OF KARNATAKA,
VIKAS SOUDHA, BANGALORE-1.
2. KARNATAKA RESIDENTIAL EDUCATIONAL
INSTITUTIONS SOCIETY
(IT'S UNDER TAKING GOVT.)
REPTD. BY ITS EXECUTIVE DIRECTOR,
KARNATAKA STATE CO-OPERATIVE BOARD
BUILDILNG, 6 AND 7 FLOOR,
NEAR CHANDRIKA HOTEL,
CUNNINGHAM ROAD, BANGALORE-560052.
3. THE SECRETARY
KARNATAKA PUBLIC SERVICE COMMISSION
PARK HOUSE ROAD, BANGALORE-1.
...RESPONDENTS
(BY SRI.B.RAVINDRANATH, AGA FOR R1;
SRI.NAGAIAH, ADVOCATE FOR R2;
SMT.M.R.SINCHANA, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENTS TO REGULARIZES SERVICE OF JOB OF THE
PETITIONERS OR TO EXTEND THE BENEFIT OF SERVICE
WEIGHTAGE AND TO RELAXATION OF AGE IN THE
REGULATION AND TO BRING IN CONFORMITY WITH THE
RULES OF REGULARIZATION OF THEIR SERVICE OF JOB OF
THE PETITIONERS IN THE RESPONDENTS EDUCATIONAL
INSTITUTIONS AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 7254 of 2023
ORDER
The captioned petition is filed seeking the following
reliefs:
"1) Issue writ in the nature of mandamus or
any other appropriate writ, order or direction,
directing the respondents to regularizes service of
job of the petitioners or to extend the benefit of
service weightage and to relaxation of age in the
regulation and to bring in conformity with the Rules
of regularization of their service of job of the
petitioners in the respondents' educational
institutions, in the interest of justice and equity.
2) Issue writ in the nature of mandamus or any
other appropriate writ, order or direction, directing
the respondents to implied the guideline made in the
Karnataka Residential Education Institutions Society
(Cadre and Recruitment) Regulations 2011 dated
21/01/2011 provided at page 27, Sl.No.18 and 19
and Sl.No. of post in schedule-1 i.e., 32 & 33 for the
post of Arts and Craft teachers and Drawing teacher
vide Annexure-A, issued by the 1st respondent. And
the petitioners are entitle per the this Hon'ble High
order dated 13/07/2012 made in W.P.No.20204-
20364/2011 and connected matters vide Annexure-
E, to meet the ends of justice.
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3) Issue writ in the nature of mandamus or any
other appropriate writ, order or direction, directing
the respondents to re-do the process of selection by
extending the benefit of service weightage to the
petitioners in the present recruitment notification
bearing No.PSC 01 RT (4) B-3/2016 dated
03.11.2016 issued by the 3rd respondent vide
Annexure-G, in the interest of justice and equity.
4) Issue any other writ or direction in the
nature of writ which this Hon'ble court may deem fit,
in the facts and circumstances of the above said
case, in the interest of justice and equity."
2. Heard learned counsel for the petitioners and
learned counsel appearing for the respondents.
3. The issue relating to benefit of service
weightage is given a quietus by this Court in a reported
judgment rendered in the case of Morarji
Desai/Ekalavya Residential Pre-University College
vs. State of Karnataka1. This Court while considering
the issue relating to grant of weightage has taken
cognizance of the fact that under Regulations dated
(2016) 08 Kar CK 0107
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07.08.2013, the provision for granting weightage was
done away in respect of contract teachers. Therefore, the
coordinate Bench declined to accede to the claim of the
petitioners in the said writ petition. If the amended
Regulations does not provide for granting service
weightage, this Court cannot issue any direction to provide
weightage for the period of service rendered by the
petitioner purely on temporary basis.
4. On meticulous examination of the averments
made in the petition, it is not forthcoming as to how
petitioners were appointed on contract basis. Though
petitioners admit that they are appointed purely on
temporary basis but whether they were appointed by
respondent No.2 or by outsourcing agency is not
forthcoming. If petitioners are appointed on temporary
basis and if there was no advertisement notifying the
posts and if applications were not invited from the
intending candidates, it not being an open competition and
petitioners eligibility criteria was never taken into
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consideration and they were appointed through
recruitment process. There is a lot of ambiguity and
vagueness in the pleadings in the petition. Therefore, the
petitioners claim that they are entitled for regularization
also cannot be acceded to for want of pleadings and
documents in that regard.
5. However, in identical cases, this Court has
issued mandamus to respondent No.2 not to relieve those
petitioners who are serving on ad-hoc basis against
sanctioned posts until the said vacancies are filled through
proper recruitment process. In that view of the matter,
petitioners if they are still serving in the institution shall
not be relieved by the respondents unless there is a
permanent appointment against sanctioned posts.
6. With these observations, I pass the following:
ORDER
(i) The writ petition is allowed in part;
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(ii) The respondents are hereby directed
not to relieve the petitioners if they are still
rendering their service in the respondent No.2-
Society against the vacancies subject to filling
up of those vacant posts through proper
recruitment process.
(iii) The pending interlocutory application,
if any, does not survive for consideration and
stands disposed of accordingly.
Sd/-
JUDGE
CA
