Karnataka High Court
Ashwini And Anr vs The Karnataka Public Service ... on 13 November, 2024
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NC: 2024:KHC-K:8517
WP No. 202562 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 202562 OF 2022 (S-RES)
BETWEEN:
1. ASHWINI,
W/O NAGESHWAR RAO
(D/O SHIVAJI PATANGE)
AGED ABOUT 30 YEARS,
OCC. GUEST TEACHER
R/O GOGIPETH, BASAWESHWAR CHOWK,
TQ. SHAHAPUR.
DIST. YADGIRI - 585 309.
2. SHARANAPPA MURADI S/O MALKANNA MURADI,
AGED ABOUT 33 YEARS,
OCC. GUEST TEACHER,
Digitally signed by R/AT C/O AT POST : KUKANOOR.
RENUKA
TQ.JEWARGI,
Location: HIGH
COURT OF DIST. KALABURAGI - 585 325.
KARNATAKA
...PETITIONERS
(BY SRI. B C JAKA,ADVOCATE)
AND:
1. THE KARNATAKA PUBLIC SERVICE COMMISSION,
REP BY ITS SECRETARY,
PARK HOUSE,
BENGALURU - 560 001.
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NC: 2024:KHC-K:8517
WP No. 202562 of 2022
2. STATE OF KARNATAKA,
REP BY ITS SECRETARY,
DEPARTMENT OF SOCIAL WELFARE,
ROOM NO. 229,
VIKAS SOUDHA, 2ND FLOOR,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
3. STATE OF KARNATAKA,
REP BY ITS SECRETARY,
6TH FLOOR,
M.S BUILDING, DEPT. OF EDUCATION,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
4. KARNATAKA RESIDENTIAL EDUCATIONAL
INSTITUTIONS SOCIETY,
REP BY ITS EXECUTIVE DIRECTOR,
6TH FLOOR, CUNNINGHAM ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI.R J BHUSARE ,ADVOCATE FOR R1;
SRI.BIRADAR VIRANAGOUDA, AGA FOR R2 AND R3;
SRI.KRUPA SAGAR PATIL, FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL
FOR RECORDS FROM THE FILE OF THE KPSC AND GRANT THE
PETITIONERS THE FOLLOWING RELIEFS.A) ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER
OR DIRECTION QUASHING THE FINAL SELECTION LIST CAME
OT BE PUBLISHED ON 09.06.2020, IN R(2)712/2020-21/PSC,
PRODUCED AT ANNEXURE- J AND ALSO ENDORSEMENT DATED
02.07.2020, ISSUED TO 1ST PETITIONER IN REG NO. 1328822
BY THE RESPONDENT IN NO. R(2)1133-1213/2020-21/PSC,
AND ISSUED TO 2ND PETITIONER IN REG. NO. 1325231 NO.
R(2)1133-1213/2020-21/PSC VIDE ANNEXURE- K
RESPECTIVELY, AS VIOLATION OF ARTICLE 14,16 AND 21 OF
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NC: 2024:KHC-K:8517
WP No. 202562 of 2022
THE CONSTITUTION OF INDIA AND ALSO AS OPPOSED TO THE
KREIS RECRUITMENT RULES 2011.B) ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR
DIRECTION, DIRECTING THE RESPONDENTS TO CONSIDER
THE CASE OF THE PETITIONERS FOR SELECTION AND
APPOINTMENT TO THE POST OF HINDI LANGUAGE TEACHERS
AS THEY HAVE SCORED HIGHER MERIT THAN CANDIDATES
WHOSE NAMES HAVE BEEN INCLUDED IN THE FINAL SELECT
LIST DATED 09.06.2020, BEARING NO. R(2) 712/2020-21/PSC
VIDE ANNEXURE- J AND ALSO LIST DATED 10.05.2022,
BEARING NO. KREIS/ADMN/NE/NE-HIN/SHI/SI.R-04/2020-21,
FOR SUBMITTING MEDICAL FITNESS CERTIFICATE PRODUCED
AT ANNEXURE- M, AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
(PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM)
Captioned petition is filed seeking quashing of final
selection list published on 09.06.2020 vide annexure-J and
consequent endorsement dated 02.07.2020 issued by
respondent No.1 vide Annexure-K.
2. Heard learned counsel for the petitioners,
learned standing counsel for respondent No.4 and learned
standing counsel for respondent Nos.2 to 3.
NC: 2024:KHC-K:8517
3. The learned counsel for the petitioners has
placed reliance on the judgment delivered by a Coordinate
Bench of this Court in Writ Petition No. 8523/2020 and
connected matters. In the aforementioned judgment, the
Coordinate Bench thoroughly examined the issue of
whether the "Shiksha Snatak" course conducted by the
Dakshina Bharat Hindi Prachar Sabha (DBHPS) should be
considered equivalent to the course prescribed in the
recruitment notification for the position in question. After
detailed consideration, the Coordinate Bench resolved the
matter by recognizing the equivalency of the said course
and directed the respondent authorities to accept the
"Shiksha Snatak" qualification as meeting the
requirements stipulated in the recruitment notification.
The facts and circumstances of the present case are
analogous to those addressed in the cited judgment.
Therefore, this Court is inclined to adopt a similar
approach and issue corresponding directions to ensure
consistency and fairness in the recruitment process.
NC: 2024:KHC-K:8517
ORDER
i. The writ petition is allowed.
ii. The respondents are hereby directed
to recognize the "Shiksha Snatak" course
conducted by the Dakshina Bharat Hindi
Prachar Sabha (DBHPS) as equivalent to the
course prescribed in the recruitment
notification for the post of Hindi language
teacher. Accordingly, they shall consider the
petitioners' candidature for selection and
appointment to the said post.
iii. It is expressly directed that respondent No. 4
shall not reject the candidature of the
petitioners solely on the ground of their
qualification being obtained through the
"Shiksha Snatak" course.
iv. Upon evaluation, if the petitioners are found
to be eligible and their names appear in the
merit list, their candidature shall be
considered in strict accordance with the
recruitment requirements specified in the
notification.
NC: 2024:KHC-K:8517
v. The directions issued herein shall be
implemented expeditiously and in a time-
bound manner to avoid any undue delay in
the recruitment process.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
NJ
