Citation : 2024 Latest Caselaw 26990 Kant
Judgement Date : 12 November, 2024
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WP No. 29445 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE C M JOSHI
WRIT PETITION NO. 29445 OF 2024 (S-KSAT)
BETWEEN:
1. SMT. VASANTHA KUMARI B,
W/O SATEESHA SINDE,
AGED ABOUT 42 YEARS,
ASSISTANT PROFESSOR (COMMERCE),
SHRI HONNADEVI GFGCD AND INASHIVARA
TURUVEKERE TQ, TUMKUR-572 215.
R/AT #124BCC412NDMAIN, 4TH CROSS,
JAIMARUTI NAGARA, NANDINI LAYOUT,
BANGALORE-560 096.
R/AT C-003, SRI SAI MAHAL APARTMENTS,
CG KAMATH ROAD, KARANGALAPADY,
MANGALORE.
Digitally
signed by
NANDINI R 2. PARAPPA MAGADUM,
Location: S/O SHIVALINGAPPA MAGADU,
High Court of AGED ABOUT 37 YEARS,
Karnataka
ASSISTANT PROFESSOR (ENGLISH),
GOVT. FIRST GRADE COLLEGE KOKATANUR,
BELAGAVI
R/AT BANHATTI TQ, RABAKAVUI BANHATTI,
BAGALKOT-587 311.
3. SRI CHANDRA KUMAR S N,
S/O NAGARAJU,
AGED ABOUT 44 YEARS,
ASSISTANT PROFESSOR (ECONOMICS),
GOVT. FIRST GRADE COLLEGE
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BANGARUTHIRUPATHI, KGF KOLAR-563 116.
R/AT SANGANDHALLI VILLAGE, MULBAGAL TQ,
KOLAR DISTRICT-563 131.
4. SMT. VATHSALA P,
W/O MADHUSUDHAN BHAT,
AGED ABOUT 51 YEARS,
ASSISTANT PROFESSOR (POLITICAL SCIENCE),
GOVT. FIRST GRADE COLLEGE - MUDIPU,
R/AT C-003, SRI SAI MAHAL APARTMENTS,
CG KAMATH ROAD, KARANGALAPADY,
MANGALORE.
5. DR. LATHA N,
D/O NAGARAJU V,
AGED ABOUT 36 YEARS,
ASSISTANT PROFESSOR (PHYSICS),
GOVT. FIRST GRADE COLLEGE SULLIA,
R/AT SRI HARE KRISHNA NILAYA,
KORATAGERE TALUK, TUMKUR-572 129.
6. SMT. PRATHIMA,
W/O RATHAN SHETTY,
AGED ABOUT 42 YEARS,
ASSISTANT PROFESSOR (COMMERCE),
DR.K. SHIVARAMA KARANTHA
GFGC BELLARE SULIA,
DAKSHINA KANNADA-574 212,
MYSORE DISTRICT.
R/AT DOOR NO-23, POST & VILLAGE
KELARKALABETTU, SANTHEKATTE,
UDUPI DISTRICT-576 105.
7. SHWETHA M,
W/O SUHAS B K,
AGED ABOUT 35 YEARS,
ASSISTANT PROFESSOR (PHYSICS),
GOVT. FIRST GRADE COLLEGE HONNAVAR,
R/AT #388/72, 9TH MAIN ROAD,
VIJAYANAGAR, BANGALORE-560 040.
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8. MALLAPPA,
S/O TIRUPATEPPA HOSUR,
AGED ABOUT 46 YEARS,
ASSISTANT PROFESSOR,
GOVT. FIRST GRADE COLLEGE KERUR, BADAMI,
R/AT GADAG-582 101.
9. SRI MEGHARAJ B NAIK,
S/O B M NAIK,
AGED ABOUT 39 YEARS,
ASSISTANT PROFESSOR (PHYSICS), GOVT.
FIRST GRADE COLLEGE MUDDEBIHAL, VIJAYPURA(D),
R/AT PLOT NO.33, MATHOSHREE NILAYA,
SUN CITY, NEAR SUKOON MAIN GATE,
SOLAPUR RING ROAD, VIJAYAPURA-586 103.
10. PRAVEENA A M P,
S/O SHIVANANDAIAH A M P,
AGED ABOUT 43 YEARS,
ASSISTANT PROFESSOR (ENGLISH),
GOVT. FIRST GRADE COLLEGE MOKA- BALLARI,
R/AT BETTADA MALLESHWARA KRUPA,
KAPPAGAL ROAD, 6TH CROSS LEFT,
BALLARI(D)-583 103.
11. SRI SHANKRAYYA,
AGED ABOUT 44 YEARS,
ASSISTANT PROFESSOR (KANNADA), GOVT.
FIRST GRADE COLLEGE IRAKALGADA- KOPPAL,
R/AT KALYANAGARA, 1ST CROSS, KINNAL ROAD,
KOPPAL-583 231.
12. GIRIJA M,
W/O MAHANTHESH,
AGED ABOUT 32 YEARS,
ASSISTANT PROFESSOR (ECONOMICS),
SRI YMM GOVT. FIRST GRADE COLLEGE YELANDUR,
CHAMARAJANAGAR(D),
R/AT. #05 POLICE LAYOUT, 2ND STAGE,
SARDHAR VALLABHAI PATEL NAGAR,
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MYSORE-570 028.
13. MANJUNATHA M N,
S/O NAGARAJAPPA D,
AGED ABOUT 45 YEARS,
ASSISTANT PROFESSOR (ZOOLOGY),
GOVT. FIRST GRADE COLLEGE KOLAR,
R/AT MULLAHALI VILLAGE,
VELAGALABURRE POST, KOLAR.
14. SATHYANARAYANA,
S/O SRINIVAS,
AGED ABOUT 42 YEARS,
ASSISTANT PROFESSOR (ENGLISH), GOVT. FIRST
GRADE COLLEGE GANDASI, ARASIKERE TQ,
R/AT LAKSHMINIVASA III MAIN, 8TH A CROSS,
SHANTHI NAGAR, HASSAN-573 202.
15. DR. SHIVAPRASAD E,
S/O LATE ERANNA,
AGED ABOUT 48 YEARS,
ASSISTANT PROFESSOR (ECONOMICS),
SRI MADDANESWARA GOVT. FIRST GRADE COLLEGE
KABBAHALLI, GUNDLUPETE TQ, CHAMRAJANAGAR (D),
R/AT #9, 19TH CROSS, BEHIND STERLING THEATRE,
1ST STAGE, INDUSTRIAL SUBURB, VISHWESHWAR
NAGARA, MYSORE-570 008.
16. SUDHA BIDARI,
W/O B S PRABHU KUMAR,
AGED ABOUT 42 YEARS,
ASSISTANT PROFESSOR (SOCIOLOGY), GOVT.
FIRST GRADE COLLEGE HALAGUR- MALAVALLI,
R/AT #102, MAHITHA RESIDENCY, 1ST CROSS,
KAGGADASAPURA, CV RAMAN NAGAR,
BANGALORE-560 093.
17. SRI SHIVARAJU C D,
S/O DODDAIAH,
AGED ABOUT 41 YEARS,
ASSISTANT PROFESSOR (POLITICAL SCIENCE),
GOVT. FIRST GRADE COLLEGE HULLAHALLI,
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NANJANGUD TQ.,
R/AT NENAPU, NO. 2359, III FLOOR, 10TH CROSS,
BASAVESHWARA ROAD, K R MOHALLA,
MYSURU -570 004.
18. SRI SHREEKANT RATHOD,
S/O PURAPPA,
AGED ABOUT 40 YEARS,
ASSISTANT PROFESSOR (ENGLISH), GOVT.
FIRST GRADE COLLEGE GUDAGERI-DHARWAD,
R/AT KAKKUR TANDA PO, HESARUR, MUNDARGI
TALUK, GADAG.
19. KARIBASAPPA CHALAVADI,
S/O BASAPPA C,
AGED ABOUT 48 YEARS,
ASSISTANT PROFESSOR (ZOOLOGY), HPPC GOVT.
FIRST GRADE COLLEGE-CHALLAKERE,
R/AT AMMANAKER VILLAGE, KUDLIGI TQ,
VIJAYANAGARA-583 135.
20. MADHUKESWARA R S,
S/O R H SHIVAGANGARADHYA,
AGED ABOUT 55 YEARS,
ASSISTANT PROFESSOR (PHYSICS), GOVT.
COLLEGE FOR WOMEN (AUTONOMOUS) MANDYA,
R/AT C/O MANCHEGOWDA, NEAR JOSEPH FACTORY,
CHERANAHALLI ROAD, YATHAGADAHALLLI
BADAVANE, MANDYA-571 403.
21. FARZANA PARVEEN,
D/O ASIYA KHATOON,
AGED ABOUT 56 YEARS,
ASSOCIATE PROFESSOR (HISTORY),
GOVT. FIRST GRADE COLLEGE KOPPA,
R/AT KADLEMAKKI, MATA ROAD, BALEHONNUR,
CHICKAMAGLUR DISTRICT-577 112.
22. SRI SUNIL K,
S/O K KRISHNAPPA,
AGED ABOUT 49 YEARS,
ASSISTANT PROFESSOR (SOCIOLOGY),
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B.M. SHETTY GOVT. FIRST GRADE COLLEGE
KONANUR-HASSAN (D),
R/AT #32, RUTHU NILAYA, 1ST B, CROSS C,
BYREGOWDA NAGAR, KOLAR-563 101.
23. SMT. SHWETA MANNIKERI,
W/O SHAMBU NAGANUR,
AGED ABOUT 38 YEARS,
ASSISTANT PROFESSOR (COMPUTER SCIENCE),
GOVT. FIRST GRADE COLLEGE BANGARPET-KOLAR,
R/AT F - #248, SLSSQUARE APARTMENT,
BEHIND CAPGEMINI, NEAR LEMON TREE HOTEL,
EPIP ZONE, ITPL MAIN ROAD,
BANGALORE-560 066.
24. SRI SREEDHARA R,
S/O RAMACHANDRAPPA H,
AGED ABOUT 40 YEARS,
ASSISTANT PROFESSOR (PHYSICS), GOVT. FIRST
GRADE COLLEGE SULIKUNTE, BANGARPET-KOLAR,
R/AT N27, SRIA MANSION, 1ST CROSS, 2ND MAIN,
ANR LAYOUT, NEAR BUDDA VIHARA,
GULEHARIVE, TUMAKURU-572 118.
25. NAGENDRAPPA G,
S/O GIDDPPA,
AGED ABOUT 49 YEARS,
ASSISTANT PROFESSOR (MATHEMATICS),
GOVT. FIRST GRADE COLLEGE KORATAGERE,
R/AT KULADEEPA NILAYA, 5TH MAIN,
7TH LEFT CROSS, 2ND RIGHT LINK, KORATAGERE.
26. SRI UDAYA SHANKARA H,
S/O LATE NARAYANA H,
AGED ABOUT 44 YEARS,
ASSISTANT PROFESSOR (ECONOMICS),
GOVT. FIRST GRADE COLLEGE SULLIA-
DAKSHIN KANNADA,
R/AT 1-1611 SHIVA SHAKTI NILAYA,
MOTTETHADKA HOUSE, DARBE POST,
PUTTURU TQ, DAKSHINA KANNADA
DISTRICT-574 202.
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27. SRI UMESH J K,
S/O LATE J H KANNAIAH SETTY,
AGED ABOUT 46 YEARS,
ASSISTANT PROFESSOR (ECONOMICS),
GOVT. FIRST GRADE COLLEGE HANAGODU,
HUNSUR TQ, MYSURU.
R/AT UMESH J K FLAT NO. A-802, FOUNDATION
SILVER SPRINGS, HOOTAGALLI,
MYSURU-570 018.
28. POORNIMA K,
W/O BHARATH RAJ URS M,
AGED ABOUT 35 YEARS,
ASSISTANT PROFESSOR (ECONOMICS),
GOVT. FIRST GRADE COLLEGE
HEGGADADEVANAKOTE, MYSORE-571 114.
R/AT #147, 1ST MAIN, 9TH CROSS, BELAVADI
MYSORE-570 018.
29. MANOJ KUMAR,
S/O SHIVAPRASAD,
AGED ABOUT 37 YEARS,
ASSISTANT PROFESSOR (COMMERCE), GOVT.
FIRST GRADE COLLEGE NAPOKLU, KODAGU,
R/AT NO.77, NENAPU NILAYA, BEML LAYOUT,
RAJA RAJESHWARI NAGARA, MYSORE-570 033.
30. SRI BHIMANAGOUDA D KONNUR,
S/O DEVAPPA KONNUR,
AGED ABOUT 47 YEARS,
ASSISTANT PROFESSOR (HINDI),
SHREE SIDDESHWARA GOVT. FIRST GRADE COLLEGE
& PG STUDY CENTRE NARAGUND, GADAG DISTRICT,
R/AT BHIMANAGOUDA KONNUR POST, INGALAGI TQ
DEVAR HIPPARAGI, BIJAPUR-586 115.
31. SANTHOSH JERALD,
S/O MARIRAJ,
AGED ABOUT 39 YEARS,
ASSISTANT PROFESSOR (KANNADA),
GOVT. FIRST GRADE COLLEGE HALEBEEDU-HASSAN,
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R/AT GADENAHALLI VILLAGE & POST,
DUDDA HOBLI HASSAN TALUK AND
DISTRICT-573 220.
32. SRI MAHESHA Y H,
S/O HULIYAPPA,
AGED ABOUT 47 YEARS,
ASSISTANT PROFESSOR (KANNADA), GOVT. FIRST
GRADE COLLEGE JAVAGAL ARSIKERE TQ,
R/AT YALAGUNDA V @ POST,HASSAN TQ-D-573 219.
33. DR. PAVAN B. P.,
S/O LATE PRADEEP B J,
AGED ABOUT 40 YEARS,
ASSISTANT PROFESSOR (ENGLISH), GOVT. FIRST
GRADE COLLEGE MUDIPU, BANTWAL TALUK-DK,
R/AT #458, 1ST PHASE, 4TH STAGE VIJAYANAGAR,
MYSORE-570 030.
34. NARASIMHAMURTHY N,
S/O NARASIMHAPPA,
AGED ABOUT 43 YEARS,
ASSISTANT PROFESSOR (ECONOMICS),
GOVT. FIRST GRADE COLLEGE JAVAGAL, HASSAN,
R/AT THALAKAYALABETTA, DIBBURAHALLI POST,
SIDLAGHATTA-TQ., CHIKKABALLAPURA-562 105.
35. RAGHAVENDRA NAIK S B,
S/O BHOJA NAIK S,
AGED ABOUT 42 YEARS,
ASSISTANT PROFESSOR (ENGLISH), GOVT. FIRST
GRADE COLLEGE ANAVATTI-SORABA TQ.,
R/AT SADASHIVAPURA TANDA, BEGUR (P)
SHIKARIPUR, SHIMOGA-577 427.
36. SHANKAR D P,
S/O PUTTASIDDAIAH D,
AGED ABOUT 53 YEARS,
ASSISTANT PROFESSOR (ENGLISH),
GOVT. FIRST GRADE COLLEGE MELUKOTE,
R/AT NO.24, GAYATHRI PURAM, 2ND STAGE,
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UDAYAGIRI, MYSORE- 570 019.
37. KAVYASHREE NARAYAN NAIK,
W/O NARAYAN M NAIK,
AGED ABOUT 33 YEARS,
ASSISTANT PROFESSOR (ECONOMICS), GOVT. FIRST
GRADE COLLEGE HONNAVAR, UTTAR KANNADA,
R/AT ATAND POST-MANAMANE, HOUSE NO. 135,
SIDDAPUR, UTTTAR KANNADA-581 355.
38. DR. GANAPATHI M B,
S/O BASAPPA THIMMAPPA,
AGED ABOUT 44 YEARS,
ASSISTANT PROFESSOR (SOCIOLOGY),
GOVT. FIRST GRADE COLLEGE ANAVATTI,
SORABA TALUK, SHIMOGA,
R/AT TELAGUNDLI, HARISHI POST OFFICE,
SORABA TALUK, SHIMOGA-577 429.
39. MAHADEVASWAMY R,
S/O RAJANNA,
AGED ABOUT 34 YEARS,
ASSISTANT PROFESSOR (ENGLISH),
SRI MADDANESWARA GOVT. FIRST GRADE
COLLEGE KABBAHALLI, GUNDLUPETE TALUK,
CHAMRAJANAGARA (D)-571 109.
R/AT MANCHAGUNDIPURA VILLAGE,
ARAKALAVADI POST, CHAMRAJANAGARA TALUK
AND DISTRICT-571 127.
40. BASAVARAJA N,
S/O NAGAPPA,
AGED ABOUT 40 YEARS,
ASSISTANT PROFESSOR (ENGLISH), GOVT. FIRST
GRADE COLLEGE SHIRALAKOPPA, SHIMOGA,
R/AT GEJJEGONDANAHALLI, AJJAMPURA TALUK,
CHIKMAGALURU DISTRICT-577 547.
41. SRI VEERABHADRAPPA A,
S/O AJJANNA C,
AGED ABOUT 48 YEARS,
ASSISTANT PROFESSOR (POLITICAL SCIENCE),
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GOVT. FIRST GRADE COLLEGE CHITRAHALLI,
HOLALKERE TQ.,
R/AT ROLLARANATTY, DODDERI(P) CHALALKERE
(TQ), CHITRADURGA-577 501.
42. SRI MANJUNATHA K S,
S/O SRIRAMAPPAKT,
AGED ABOUT 42 YEARS,
ASSISTANT PROFESSOR (POLITICAL SCIENCE),
BMS GOVT. FIRST GRADE COLLEGE HULIYAR,
C N HALLI TQ, TUMKUR,
R/AT SUBHASH CHANDRA BOSE ROAD, MUTYALPET,
MULBAGAL, KOLAR DISTRICT-563 131.
43. RAJAKUMAR BALIGIDAD,
S/O RAMAPPA,
AGED ABOUT 43 YEARS,
ASSISTANT PROFESSOR (ENGLISH),
C G BELLAD GOVT. FIRST GRADE COLLEGE,
AKKIALUR-HAVERI,
R/AT GURUYAPATTNA, AKKIALUR, TQ.
HANGAL, HAVERI.
44. DR. BHEEMESHA,
S/O HANUMANTHAPPA,
AGED ABOUT 42 YEARS,
ASSISTANT PROFESSOR (KANNADA),
GOVT. FIRST GRADE COLLEGE GUDAGERI,
KUNDGOL-TQ, DHARWAD(D),
R/AT SIDDESHWAR NAGAR, 3RD CROSS,
GUDAGERI POST, KUNDGOL-TQ,
DHARWAD-581 107.
45. DEVARAJU G,
S/O D K GANGARASAIAH,
AGED ABOUT 49 YEARS,
ASSISTANT PROFESSOR (HISTORY),
GOVT. FIRST GRADE COLLEGE KUDUR
MAGADI TQ, RAMANAGARA DISTRICT,
R/AT #216, 9TH MAIN ROAD, 2ND STAGE,
BCC LAYOUT, CHANDRA LAYOUT,
BANGALORE-560 040.
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46. SRI SUDHAKAR T M,
S/O MUTHU,
AGED ABOUT 35 YEARS,
ASSISTANT PROFESSOR (COMMERCE), GOVT. FIRST
GRADE COLLEGE KUSHALNAGAR TQ-KODAGU(D),
R/AT SIDDAIAH LAYOUT, I CROSS ROAD,
NEAR SAI HOSPITAL, KUSHALNAGAR TQ,
KODAGU DISTRICT -571 234.
47. BASAVARAJA A S,
S/O ANGAJALARA SHANKRAPPA,
AGED ABOUT 43 YEARS,
ASSITANT PROFESSOR (HISTORY),
GOVT. FIRST GRADE COLLEGE TEKKALAKOTE,
SIRAGUPPA TQ, BALLARI,
R/AT 10TH WARD, NEAR RAMALINGAMMA TEMPLE,
KAMPLI POST, BALLARI-583 132.
48. TATAPPA K,
S/O SHARANANAGOUD,
AGED ABOUT 40 YEARS,
ASSISTANT PROFESSOR (KANNADA),
CHILUKOORI NAGESHWAR RAO GOVT. FIRST GRADE
COLLEGE SRIRAMANAGARA, KOPPAL (D).
R/AT NEAR DURGADEVI TEMPLE, WARD NO. 3,
HOUSE NO. 64, UTTANGI POST,
HUVINA HADAGALI-TQ,
VIJAYANAGAR-(D)-583 219.
49. SRI BAKADE PAMPAPATHI,
S/O BAKADE KOMARAPPA,
AGED ABOUT 41 YEARS,
ASSISTANT PROFESSOR (KANNADA),
GOVT. FIRST GRADE COLLEGE MOKA- BALLARI,
R/AT NEAR S.N.T TALKIES BEHIND KARILINGAPPA
TEMPLE, KURUGODU ROAD, 6TH WARD, SIRIGERI
POST, SIRUGUPPA TQ, BELLARI DISTRICT-583 120.
50. MANJUNATHA G,
S/O DODDA GANGAPPA,
AGED ABOUT 36 YEARS,
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ASSISTANT PROFESSOR (ECONOMICS),
MODEL RESIDENTIAL GOVT. FIRST GRADE COLLEGE
FOR WOMEN HARADANAHALLI,
HASSAN DIST-573 211,
R/AT CHIKKAKURUBARAHALLI VILLAGE,
BURUDAGUNTE POST, CHINTAMANI TALUK,
CHIKKABALLAPUR-563 159.
51. VAISHALI G.R,
W/O D NAGENDRA YADIYAL,
AGED ABOUT 48 YEARS,
ASSISTANT PROFESSOR (HISTORY), GOVT. FIRST
GRADE COLLEGE, BHATKAL, UTTARA KANNADA (D),
R/AT DHANYA, VARAHI ROAD, SIDDAPUR,
KUNDAPUR TQ, UDUPI(D).
52. AKSHATHA CHANDRA G R,
W/O DEVENDRAPPA B,
AGED ABOUT 32 YEARS,
ASSISTANT PROFESSOR (ZOOLOGY),
GOVT. FIRST GRADE COLLEGE, CHIKKABALLAPUR,
R/AT #555/9-1, 6TH MAIN, 9TH CROSS,
SADASHIVANAGAR, BANGALORE-560 080.
53. SHOBHAMANI,
W/O PRASAD KUMAR,
AGED ABOUT 44 YEARS,
ASSISTANT PROFESSOR (ECONOMICS),
GOVT. FIRST GRADE COLLEGE MUDUPI.
R/AT #17-21-1-1483, FALNIR, 1ST CROSS BEHIND
HIGHLAND COFFE WORKS, MANGALORE-575 002.
...PETITIONERS
(BY SMT. LAKSHMI IYENGAR, SENIOR COUNSEL FOR
SRI N GOWTHAM RAGHUNATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
(COLLEGIATE EDUCATION),
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ROOM NO. 645A, 6TH FLOOR,
M S BUILDING, BENGALURU-560 001.
2. THE COMMISSIONER,
DEPARTMENT OF COLLEGIATE EDUCATION,
GOVERNMENT OF KARNATAKA,
UNNATHA SHIKSHNA SOUDHA,
SESHADRI ROAD, BENGALURU-560 001.
3. THE DIRECTOR,
DEPARTMENT OF COLLEGIATE EDUCATION,
GOVERNMENT OF KARNATAKA,
UNNATHA SHIKSHNA SOUDHA,
SESHADRI ROAD, BENGALURU-560 001.
4. THE CHIEF ADMINISTRATIVE OFFICER,
DEPARTMENT OF COLLEGIATE EDUCATION,
GOVERNMENT OF KARNATAKA,
UNNATHA SHIKSHNA SOUDHA,
SESHADRI ROAD, BENGALURU-560 0016
...RESPONDENTS
(BY SRI REUBEN JACOB, ADDL. ADVOCATE GENERAL FOR
SRI KHAMROZ KHAN, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO
ISSUE WRIT,ORDER OR DIRECTION, STAYING THE OPERATION
AND EXECUTION OF THE OFFICE MEMORANDUM BEARING NO.
ಾ ಇ/83/ವ ಾ ವ ೆ/2024-25/ವ& DATED 03.10.2024
(ANNEXURE-M) ISSUED BY THE 4TH RESPONDENT AS
ARBITRARY AND ILLEGAL.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT
and
HON'BLE MR JUSTICE C M JOSHI
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WP No. 29445 of 2024
ORAL ORDER
(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)
All the petitioners who are working as Assistant
Professors in government institutions, are knocking at the
doors of Writ Court grieving against non-consideration of their
interim prayer by the State Administrative Tribunal in their
Application Nos.4998-5055/2024 which is pending there.
2. Learned Sr. Advocate Smt.Lakshmy Iyengar appearing for
the petitioners argues that in matters like this, non-
consideration of interim prayer would enormously prejudice the
case of her clients and thus, the Tribunal has committed error
warranting interference of this court. She places reliance on our
decision in W.P.No.29319/2024 between M.GIRISH vs. STATE
OF KARNATAKA, disposed off on 30.10.2024, wherein more or
less similar fact matrix was involved and this court granted
reprieve pending consideration of main matter in the Tribunal.
3. Learned AAG Sri.Reuben Jacob appearing for official
respondents resisted the petition for a while and later,
submitted that the relief as sought for in the petition being
granted only to these petitioners as has been granted in the
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decision in M.GIRISH supra subject to outcome of the main
matter pending on the file of the Tribunal. This fair stand is
really appreciable. We had granted interim order on 4.11.2024
which reads as under:
" Issue emergent notice.
Learned Sr. Advocate Smt.Lakshmi Iyengar for the petitioners drawing our attention to our own judgment in W.P.No.29319/2024 (S-KSAT) between Sri M.Girish vs. State of Karnataka disposed off on 30.10.2024, submits that, reprieve as sought for in the petition at hands has been granted to the litigants in that petition and therefore on parity basis the same has to be extended to her clients.
Learned AGA appearing for the respondents opposes grant of any reprieve contending that the ongoing counseling cannot be halted. He also seeks time to file Statement of Objections resisting the petition.
Having heard the learned counsel appearing for the parties and having perused the Petition Papers, at this stage, we are broadly in agreement with the submission of learned Sr. Advocate appearing for the petitioners that matter requires deeper consideration and some protection needs to be afforded to them, till after the Statement of Objections is filed. We also note that a Co-Ordinate Bench of this court in W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY, disposed off on 11.12.1974, has held that courts should treat like-cases alike and that if relief is granted to a litigant, the same cannot be denied to other similarly circumstanced persons, there being no derogatory circumstances.
In view of the above, we pass the following interim order:
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NC: 2024:KHC:45672-DB
"The counseling as scheduled shall go on; however, the result thereof shall not be given effect to, till next date of hearing".
Call this matter on 06.11.2024."
4. Having heard the learned counsel for the parties and
having perused the Petition Papers and more particularly the
tall stand taken on behalf of the official respondents, we
dispose off this petition continuing the interim order granted on
4.11.2024 till after and subject to outcome of Application
No.4998-5055/2024 pending on the file of the Tribunal. We
make it clear that the relief granted is confined to the
applicants only.
We request the Hon'ble Tribunal to hear & dispose off the
said Application on a war footing. Costs made easy.
Sd/-
(KRISHNA S DIXIT) JUDGE
Sd/-
(C M JOSHI) JUDGE NR/-
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