Karnataka High Court
Sri Ramesh K N vs The Secretary on 1 August, 2013
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 01ST DAY OF AUGUST, 2013
BEFORE
THE HON'BLE MR.JUSTICE L. NARAYANA SWAMY
WRIT PETITION NOs.34083-85/2013 (S-RES)
BETWEEN
1. Sri Ramesh K.N.
S/o Neelakantha Kulakarni
Age about 32 years
Occ: Science Teacher
Sri Morarji Desai Residential School
Kalamood, Tq. & Dist. Gulbarga
Flat No. 43-246, Sumadhura's Sawan MTB
Hoodi Village, K.R. Puram Hobli
Bangalore - 48.
2. Smt. Renuka D/o Ramalingappa
Aged about 34 years
Occ: Science Teacher
Sri Morarji Desai Residential School
Kalamood, Tq. & Dist. Gulbarga
Flat No. 43-246, Sumadhura's Sawan MTB
Hoodi Village, K.R. Puram Hobli
Bangalore - 48.
3. Sri. Shivasharanappa.
S/o Guranna
Aged about 31 years
Occ: Physical Education Teacher
Sri Morarji Desai Residential School
Nelogi Tq, Jewargi, Dist. Gulbarga
Flat No. 43-246, Sumadhura's Sawan MTB
2
Hoodi Village, K.R. Puram Hobli
Bangalore - 48.
... Petitioners
(By.Sri.Jagadish *Shastri, Adv.)
AND
1. The Secretary
Social Welfare Department
State of Karnataka
Vikasa Soudha, Bangalore-1
2. Karnataka Residential Educational
Institutions Society,
A Society Registered under
the Societies Registration Act,
Rept. By its Secretary
No.179, 3rd Floor, Roopa Complex,
1st Main Road, Sheshadripuram
Bangalore 560 020
... Respondents
(By Sri. Raghavendra G.Gayathri, AGA for R1
Sri M.N. Madhusudhan for R2)
These Writ Petitions are filed under Articles 226
and 227 of the Constitution of India, praying to direct
the respondent No.2 to complete the selection process
pursuant to the recruitment notification dt. 27.04.2011
vide Ann-C by granting the benefit of service weightage
to the petitioners.
These writ petitions coming on for Preliminary
Hearing this day, the court made the following:-
*Corrected vide chamber order dt. 19.09.2013
3
ORDER
The learned Government Advocate is directed to take notice for Respondent No.1. Shri.M.N. Madhusudan, the learned Counsel files power on behalf of respondent No.2.
2. Petitioners state that they possess the requisite qualification to hold the post of teachers in Morarji Desai Model Residential Schools. It is also stated that they have worked as teachers in MDMR Schools. The respondents issued notification for appointment of teachers. It is further submitted that similarly situated persons have approached this Court in Writ petitions No.20204-20364 of 2011 and connected matters and this Court, by its order dated 13th July 2012, directed the respondents to provide weightage to the services rendered by the petitioners on contract basis and the said weightage has to be calculated on the basis of number of years put-in by the petitioners 4 therein. Further, the respondents were directed to redo the process of selection by extending the benefit of weightage to the petitioners and similarly situated candidates. Hence, it is submitted that in view of the said direction, these petitioners are also entitled for consideration of their case by providing service weightage on the basis of number of years they have put-in as teachers on contract basis. Against the said order, respondent-Society preferred Writ Appeal in No.5127 of 2012. This Court by its order dated 28th February 2013 confirmed the order of the learned Single Judge. Under the circumstance, the learned counsel for the petitioners submits to allow these petitions by issuing direction to the respondents to extend service weightage to these petitioners also.
4. The learned counsel appearing for the second respondent and the learned Government Advocate submits that the case of the petitioners would be considered on the basis of the order passed by this 5 Court in the Writ Petitions and the Writ Appeals referred to above.
5. Under these circumstances and on the basis of the submission made by the learned counsel for the parties, I pass the following:
ORDER The petitions stand disposed of. Second respondent is hereby directed to redo the list and consider the case of the petitioners for appointment by extending the service weightage on the basis of the service put in by the petitioners as contract teachers.
Sri. Raghavendra G.Gayathri, learned Government Advocate is granted six weeks time to file memo of appearance.
Sd/-
JUDGE Bsv