Karnataka High Court
Panchagiri Education Trust vs State Of Karnataka on 4 January, 2024
-1-
NC: 2024:KHC:502
WP No. 13967 of 2023
C/W WP No. 14016 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 13967 OF 2023 (S-RES)
C/W
WRIT PETITION NO. 14016 OF 2023 (S-RES)
IN WP NO.13967/2023
BETWEEN:
PANCHAGIRI EDUCATION TRUST
NEAR OLD GOVERNMENT HOSPITAL
CHIKKABALLAPURA
CHIKKABALLAPURA DISTRICT-562 101
REPRESENTED BY ITS MANAGING TRUSTEE
...PETITIONER
(BY SRI. SRIKANTH M P, ADVOCATE)
AND:
Digitally
signed by 1. STATE OF KARNATAKA
ALBHAGYA REPRESENTED BY ITS PRINCIPAL SECRETARY
Location: SCHOOL EDUCATION AND LITERACY DEPARTMENT
HIGH
COURT OF M.S BUILDING,
KARNATAKA BENGALURU-560 001
2. THE DIRECTOR
PRE-UNIVERSITY EDUCATION DEPARTMENT
18TH CROSS, MALLESWARAM,
BANGALORE-560 012
3. THE DEPUTY DIRECTOR
PRE-UNIVERSITY EDUCATION DEPARTMENT
-2-
NC: 2024:KHC:502
WP No. 13967 of 2023
C/W WP No. 14016 of 2023
CHIKKABALLAPURA
CHIKKABALLAPURA DISTRICT-562 101
...RESPONDENTS
(BY SMT. R.K.PRATHIBHA, AGA FOR R1-R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
BEARING NO. PAPUSHI/C-3/HC-037/UU HU TUM ANU/01/2022-
23 DTD 01.06.23 VIDE ANNEXURE-G ISSUED BY THE SECOND
RESPONDENT INSOFAR AS RESERVING THE SINGLE POST OF
LECTURER IN ENGLISH AS REQUIRED TO BE FILLED UP BY A
CANDIDATE BELONGING TO SCHEDULED TRIBE (BACKLOG)
AND ETC.,
IN WP NO.14016/2023
BETWEEN:
PANCHAGIRI EDUCATION TRUST
NEAR OLD GOVERNMENT HOSPITAL
CHIKKABALLAPURA
CHIKKABALLAPURA DISTRICT
REPRESENTED BY ITS MANAGING TRUSTEE
...PETITIONER
(BY SRI. SRIKANTH M P, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
SCHOOL EDUCATION AND LITERACY DEPARTMENT
M.S BUILDING,
BENGALURU-560 001
-3-
NC: 2024:KHC:502
WP No. 13967 of 2023
C/W WP No. 14016 of 2023
2. THE DIRECTOR
PRE-UNIVERSITY EDUCATION DEPARTMENT
18TH CROSS, MALLESWARAM,
BANGALORE-560 012
3. THE DEPUTY DIRECTOR
PRE-UNIVERSITY EDUCATION DEPARTMENT
CHIKKABALLAPURA
CHIKKABALLAPURA DISTRICT
...RESPONDENTS
(BY SMT. R.K.PRATHIBHA, AGA FOR R1-R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
BEARING NO.PAPUSHI/C-3/HC-037/UU HU TUM ANU /
01/2022-23 DATED 01/06/2023 VIDE ANNEXURE-G ISSUED BY
THE R2 IN SO FAR AS RESERVING THE SINGLE POST OF
LECTURER IN CHEMISTRY AS REQUIRED TO BE FILLED UP BY A
CANDIDATE BELONGING TO SCHEDULED CASTE AND ETC.,
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The captioned petitions are filed by the petitioner
assailing the order passed by respondent No.2 vide
Annexure-G in reserving the single post of Lecturer in
English and the single post of Lecturer in Chemistry to be
filled up by a candidate belonging to Scheduled Tribe and
Scheduled Caste respectively. The said order is under
challenge.
NC: 2024:KHC:502
2. The facts leading to the case are as under:
The petitioner is a registered Trust and was
permitted to start Pre-University Course for Arts subject
during 1984-85. The petitioner-Institution was further
granted permission vide letter dated 22.11.1985 to start
one section in Science. The Institution was admitted to
grant-in-aid as per order dated 23.05.1994. It is
submitted that in the Institution there is only one post of
English Lecturer and two posts for Chemistry Lecturers. In
view of vacancy in the post of English Lecturer and
Chemistry Lecturer, the respondent No.2 vide impugned
order has permitted the petitioner-Institution to fill up
single post of Lecturer in English and Lecturer in Chemistry
and while doing so, has directed the Institution to fill up
candidates belonging to Scheduled Tribe and Schedule
Caste respectively.
3. Learned counsel for the petitioner reiterating
the grounds urged in both the petitions would vehemently
argue and contend that the impugned direction dated
NC: 2024:KHC:502
01.06.2023 issued by the respondent No.2 vide
Annexure-G calling upon the petitioner-Institution to fill up
the vacant post in English and Chemistry by reserving the
said post to be filled up by a candidate belonging to
Scheduled Tribe to the post of Lecturer in English and
Scheduled Caste to the post of Lecturer in Chemistry runs
contrary to the dictum laid down by the Apex Court in the
case of State of Karnataka and Others vs.
K.Govindappa and Another1 and reiterated by the Apex
Court in the latest judgment rendered in the case of
R.R.Inamdar vs. State of Karnataka and Others2.
Referring to the law laid down by the Apex Court, he
would point out that in respect of solitary post, there can
be no reservation as the post pertaining to particular
subject are not found to be interchangeability as they
pertain to different disciplines and therefore, each single
post in particular discipline needs to be treated as a single
(2009) 1 SCC 1
(2020) 19 SCC 543
NC: 2024:KHC:502
post for the purpose of reservation within the meaning of
Article 16(4) of the Constitution.
4. However, learned AGA has made a feeble
attempt by reiterating the grounds urged in the statement
of objections. Referring to the direction issued by the
respondent No.1, she would point out that the impugned
direction is found to be in conformity with the direction
issued by the respondent No.1/State.
5. Having examined the material placed on record
by the learned counsel for the petitioner and having given
my anxious consideration to the objections raised in the
statement of objections, I am of the view that the
impugned direction prescribing reservation in respect of
solitary post runs contrary to the dictum laid down by the
Apex Court in the judgment cited supra. On this short
point, the impugned direction in both the petitions are not
sustainable and are liable to be set aside.
NC: 2024:KHC:502
6. The respondent No.2-authority having
permitted the institution to fill up vacancy for the post of
Lecturer in English as well as Chemistry erred in directing
the petitioner-Institution to fill up the single post by
reserving the same for Scheduled Tribe and Scheduled
Caste respectively. The said direction while permitting the
petitioner-Institution to fill up vacancy under the
impugned notification being contrary to the law laid down
by the Apex Court in the judgment cited supra is not
sustainable and therefore, is liable to be set aside by this
Court.
7. For the reasons stated supra, I pass the
following:
ORDER
(i) The Writ Petitions are allowed;
(ii) The impugned order vide Annexure-G
issued by respondent No.2 insofar as reserving
the single post of Lecturer in English to be filled
up by a candidate belonging to Scheduled Tribe
and the single post of Lecturer in Chemistry
NC: 2024:KHC:502
required to be filled up by candidate belonging to
Scheduled Caste is hereby set aside;
(iii) The petitioner-Institution is hereby
permitted to fill up the single post of Lecturer in
English and Chemistry by inviting applications
through open competition;
(iv) If after following due recruitment
process, appointments are made, concerned
respondents are hereby directed to consider the
said appointments with grant-in-aid.
Sd/-
JUDGE
CA
