Karnataka High Court
Kumari Vaibhavi vs The Principal Secretary on 6 February, 2024
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NC: 2024:KHC:5098
WP No. 24023 of 2023
C/W WP No. 21352 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. 24023 OF 2023 (S-RES)
C/W
WRIT PETITION NO. 21352 OF 2023 (S-RES)
IN WP NO.24023/2023
BETWEEN:
KUMARI VAIBHAVI
D/O MANIKRAO,
AGED ABOUT 26 YEARS,
WORKING AS A ENGLISH GUEST TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL (BC 349)
BAGDAL, BIDAR TALUK,
BIDAR DISTRICT-585226
C/O SHIVAPPA MASTER, #737, 3RD CROSS,
SHANTINAGAR, MUTHYALAMMA ROAD,
DODDABALLAPUR TOWN,
Digitally
signed by BANGALORE RURAL DIST-561 203
ALBHAGYA ...PETITIONER
Location: (BY SRI. JAGDISH SHASTRI, ADVOCATE)
HIGH COURT
OF AND:
KARNATAKA
1. THE PRINCIPAL SECRETARY
SOCIAL WELFARE DEPARTMENT,
STATE OF KARNATAKA,
VIKAS SOUDHA, BANGALORE- 01
2. KARNATAKA RESIDENTIAL EDUCATIONAL
INSTITUTIONS SOCIETY
(ITS UNDER TAKING GOVT)
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NC: 2024:KHC:5098
WP No. 24023 of 2023
C/W WP No. 21352 of 2023
REPTD. BY ITS EXECUTIVE DIRECTOR,
KARNATAKA STATE CO-OPEARATIVE BOARD
BUILDING, 6 AND 7 FLOOR,
NEAR CHANDRIKA HOTEL,
CUNNIGHAM ROAD, BANGALORE-560052
3. THE DEPUTY DIRECTOR
BACKWARD CLASSES WELFARE DEPARTMENT
BIDAR, BIDAR DISTRICT-585 401
...RESPONDENTS
(BY SRI.B.RAVINDRANATH, AGA FOR R1 & R3;
SRI.NAGAIAH, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO 1) DIRECTING THE
RESPONDENTS 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 PETITIONER IN THE RESPONDENTS INSTITUTIONS AND
ETC.,
IN WP NO.21352/2023
BETWEEN:
1. SMT. ASHPARI N
W/O REHAMAN,
AGED ABOUT 36 YEARS
WORKING AS A STAFF NURSE,
KITTUR RANI CHANNAMMA MODEL RESIDENTIAL
SCHOOL, NEERUGUNDA, HOSADURGA TALUK,
CHITRADURGA DIST.
2. SRI SIDDESHKUMAR M J
S/O JAYYAPPA A H
AGED ABOUT 38 YEARS
WORKING AS A SOCIAL SCIENCE TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL AND P U
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WP No. 24023 of 2023
C/W WP No. 21352 of 2023
SCIENCE COLLEGE KARIGANURU CHANNAGIRI TALUK
DAVANAGERE DIST - 577219.
3. SRI NAGARAJA GOWDRA
S/O SHEKHAPPA GOWDRA
AGE ABOUT 33 YEARS
WORKING AS A FDA CUM COMPUTER OPERATOR,
MORARJI DESAI RESIDENTIAL SCHOOL (ST-339),
GIRIYAPURAMATHA, HUVINA HADAGALI TALUK,
VIJAYANAGARA DIST - 583216
4. SRI NAGARAJ
S/O DEVRAJ,
AGE ABOUT 34 YEARS
WORKING AS A FDA CUM COMPUTER OPERATOR,
MORARJI DESAI RESIDENTIAL SCHOOL (GEN - 346),
BETBALKUNDA, BASAVAKALYAN TALUK,
BIDAR DIST- 585327
5. SMT. REKHA
W/O RAJKUMAR SULTANPURE
AGE ABOUT 34 YEARS
WORKING AS A MATHEMATICS GUEST TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL (S.C -355),
KONMELKUNDA VILLAGE, BHALKI TALUK,
BIDAR DIST - 585413.
6. SRI PRAKASH
S/O SHIVAGONDA
AGE ABOUT 34 YEARS
WORKING AS A KANNADA GUEST TEACHER,
SMT INDIRA GANDHI RESIDENTIAL SCHOOL
BALLUR J (ST - 646), AURAD TALUK,
BIDAR DIST - 585421
7. SMT BALAMMA
W/O MAHESH SANNAKARADAD
AGE ABOUT 30 YEARS
WORKING AS A FDA CUM COMPUTER OPERATOR
MORARJI DESAI RESIDENTIAL SCHOOL (BC - 537).
TALAKERI YALABUGA TALUK,
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WP No. 24023 of 2023
C/W WP No. 21352 of 2023
KOPPA DIST- 583277.
...PETITIONERS
(BY SRI.JAGDISH SHASTRI, ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY
SOCIAL WELFARE DEPARTMENT,
STATE OF KARNATAKA,
VIKAS SOUDHA, BANGALORE - 1.
2. KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS
SOCIETY (ITS UNDER TAKING GOVT)
REPTD BY ITS EXECUTIVE DIRECTOR,
KARNATAKA STATE CO-OPERATIVE BOARD BUILDING,
6 AND 7 FLOOR, NEAR CHANDRIKA HOTEL
CUNNINGHAM ROAD, BANGALORE - 560052.
3. THE DEPUTY DIRECTOR
SOCIAL WELFARE DEPARTMENT,
CHITRADURGA, CHITRADURGA DIST - 577501.
4. THE DEPUTY DIRECTOR
SOCIAL WELFARE DEPARTMENT
DAVANAGERE, DAVANAGERE DIST - 577005.
5. THE DEPUTY DIRECTOR
SOCIAL WELFARE DEPARTMENT (VIJAYANAGARA),
BALLARI, BALLARI DIST-583101.
6. THE DEPUTY DIRECTOR
SOCIAL WELFARE DEPARTMENT,
BIDAR, BIDAR DIST - 58540.
7. THE DEPUTY DIRECTOR
SOCIAL WELFARE DEPARTMENT
KOPPAL, KOPPAL DIST - 583231
...RESPONDENTS
(BY SRI.B.RAVINDRANATH, AGA FOR R1 & R3 TO R7;
SRI.NAGAIAH, ADVOCATE FOR R2)
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NC: 2024:KHC:5098
WP No. 24023 of 2023
C/W WP No. 21352 of 2023
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENTS 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 INSTITUTIONS.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The captioned petitions are 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 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 certiorari or any
other appropriate writ, order or direction and quash
the Notification bearing No.SWD 70 MDS 2010,
Bangalore dated 21.01.2011 Regulations issued by
the 1st respondent. Vide Annexure-A thereby
amends the Cadre and Recruitment Regulations 2011
and to extend the benefit of service weightage and to
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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'
institutions.
3) 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
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
(2016) 08 Kar CK 0107
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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 the
Principal has appointed petitioners on contract basis.
Though petitioners admit that they are appointed purely
on temporary basis but whether they are 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
consideration and they were appointed through
recruitment process. There is a lot of ambiguity and
vagueness in the pleadings in the petition. Therefore, the
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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 petitions are allowed in part;
(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
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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
