Karnataka High Court
Sri Nagendra V B vs The State Of Karnataka on 4 December, 2021
Bench: S.Sujatha, Hanchate Sanjeevkumar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2021
PRESENT
THE HON'BLE MRS.JUSTICE S.SUJATHA
AND
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
W.P.No.4242/2021 C/W W.P.No.3924/2021,
W.P.No.3931/2021, W.P.No.4142/2021,
W.P.No.4149/2021, W.P.No.4239/2021,
W.P.No.4286/2021, W.P.No.4364/2021,
W.P.No.4381/2021, W.P.No.4447/2021,
W.P.No.4691/2021, W.P.No.4733/2021,
W.P.No.8609/2021, W.P.No.16257/2021 &
W.P.No.16259/2021 (S - KSAT)
In W.P.No.4242/2021
BETWEEN :
SRI MAHABALESHWARA. M,
S/O SRI MALLIKARJUNAPPA G,
AGED ABOUT 35 YEARS,
R/A PUJARAHALLI VILLAGE AND POST,
KUDLIGI TALUK,
BELLARY DISTRICT-583218. ...PETITIONER
(BY SRI. ANIL KUMAR JOGIMATH , ADV.)
AND :
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF MINORITIES,
M.S.BUILDING,
BENGALURU - 560 001.
-2-
2. THE KARNATAKA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY,
UDYOGA SOUDHA,
BENGALURU - 560 001. ...RESPONDENTS
(BY SRI. SUBRAMANYA.R., AAG A/W SMT. SHILPA
S.GOGI, HCGP FOR R-1;
SRI. P.S.RAJGOPAL, SENIOR ADVOCATE FOR
SRI..K.M.PRAKASH ADVOCATE FOR R-2.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER BY
SETTING THE ORDER PASSED BY THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION
No.5902/2020 DATED 29.01.2021 (ANNEXURE-A) BY ALLOWING
THE APPLICATION No.5902/2020.
In W.P.No.3924/2021
BETWEEN :
SMT SAVITA BATAKURKI,
W/O GANGAYYA BATAKURKI,
AGED ABOUT 40 YEARS,
R/AT KOPPA.S.K., BILAGI TALUK,
BAGALKOT DISTRICT - 587 116. ...PETITIONER
(BY SRI.VENKATESH.R.BHAGAT, ADV.)
AND :
1. KARNATAKA PUBLIC SERVICE COMMISSION,
REP. BY THE SECRETARY,
UDYAGA SOUDHA, PARK ROAD,
BENGALURU - 560 001.
2. THE STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
MINORITIES WELFARE, HAJ & WAKF DEPARTMENT,
No.215, 2ND FLOOR, VIKASA SOUDHA,
BENGALURU - 560 001.
-3-
3. THE DIRECTOR,
MINORITIES WELFARE DEPARTMENT,
VISVESWARAIH MAIN TOWER,
12TH FLOOR, DR.AMBEDKAR VEEDHI,
BENGALURU - 560 001. ...RESPONDENTS
(BY SRI. P.S.RAJGOPAL, SENIOR ADVOCATE A/W
SRI..PRAKASH.K.M. ADVOCATE FOR R-1;
SRI. SUBRAMANYA.R., AAG A/W SMT. SHILPA S.GOGI,
HCGP FOR R-2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS PERTAINING TO IMPUGNED ORDER DATED
29.01.2021 PASSED BY THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION
No.5987/2020 AT ANNEXURE-A, ETC.
In W.P.No.3931/2021
BETWEEN :
KUM. HARSHITHA.R.,
D/O RUKMANGADA.C.,
AGED ABOUT 27 YEARS,
RESIDING AT No..485,
SHANTHINAGAR, PANDAVAPURA TOWN,
MANDYA DISTRICT - 571 434. ...PETITIONER
(BY SRI.SATHISH.K., ADVOCATE FOR SRI. M.S.BHAGWAT, ADV.)
AND :
1. KARNATAKA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY,
UDYOGA SOUDHA, BANGALORE - 560 001.
2. THE STATE OF KARNATAKA,
DEPARTMENT OF MINORITY WELFARE,
HUJ AND WAQF, VIKASA SOUDHA,
BANGALORE - 560 001. ...RESPONDENTS
(BY SRI. P.S.RAJGOPAL, SENIOR ADVOCATE FOR
-4-
SRI..K.M.PRAKASH ADVOCATE FOR R-1;
SRI. SUBRAMANYA.R., AAG A/W SMT. SHILPA S.GOGI,
HCGP FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE HON'BLE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL IN RESPECT OF THE IMPUGNED
ORDER DATED 29.01.2021 PASSED IN APPLICATION
No.5921/2020 (ANNEXURE-A), ETC.
In W.P.No.4142/2021
BETWEEN :
SRI. NAGENDRA V.B.,
S/O SRI. BALAKRISHNA.V.V.,
AGED ABOUT 36 YEARS,
R/AT No.256, 4TH BLOCK,
TELAGU STREET,
NEAR MARIYAMMA TEMPLE,
VIRAJPET, KODAGU DISTRICT - 571 218. ..PETITIONER
(BY SRI. ANIL KUMAR JOGI MATH, ADV.)
AND :
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF MINORITIES,
M.S.BUILDING, BENGALURU - 560 001.
2. THE KARNATAKA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY,
UDYAGA SOUDHA,
BENGALURU - 560 001. ...RESPONDENTS
(BY SRI. SUBRAMANYA.R., AAG A/W SMT. SHILPA
S.GOGI, HCGP FOR R-1;
SRI. P.S.RAJGOPAL, SENIOR ADVOCATE FOR
SRI..PRAKASH K.M, ADVOCATE FOR R-2.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
-5-
WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER BY
SETTING THE ORDER PASSED BY THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION
No.5970/2020 DATED 29.01.2021 (ANNEXURE-A) BY ALLOWING
THE APPLICATION No.5970/2020, ETC.
In W.P.No.4149/2021
BETWEEN :
SRI. YATEESH.H.,
S/O SRI.HONNAPPA,
AGED ABOUT 35 YEARS,
R/A ADANUR POST,
HOLALKERE TALUK,
CHITRADURGA DISTRICT - 577 526. ...PETITIONER
(BY SRI. ANIL KUMAR JOGI MATH, ADV.)
AND :
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF MINORITIES,
M.S.BUILDING, BENGALURU - 560 001.
2. THE KARNATAKA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY,
UDYOGA SOUDHA,
BENGALURU - 560 001. ...RESPONDENTS
(BY SRI. SUBRAMANYA.R., AAG A/W SMT. SHILPA
S.GOGI, HCGP FOR R-1;
SRI. P.S.RAJGOPAL, SENIOR ADVOCATE FOR
SRI..K.M.PRAKASH ADVOCATE FOR R-2.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER BY
SETTING THE ORDER PASSED BY THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION
NO. 5891/2020 DATED 29.01.2021 (ANNEXURE - A) BY
ALLOWING THE APPLICATION NO. 5891/2020, ETC.
-6-
In W.P.No.4239/2021
BETWEEN :
SRI. PRASANNA KUMAR T.R.,
S/O SRI. RAMA NAYAKA,
AGED ABOUT 34 YEARS,
R/A THIPPUR (VILLAGE AND POST),
K.R.NAGARA TALUK,
MYSORE DISTRICT - 571 602. ...PETITIONER
(BY SRI. ANIL KUMAR JOGI MATH, ADV.)
AND :
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF MINORITIES,
M.S.BUILDING,
BENGALURU - 560 001.
2. THE KARNATAKA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY,
UDYAGA SOUDHA,
BENGALURU - 560 001. ...RESPONDENTS
(BY SRI. SUBRAMANYA.R., AAG A/W SMT. SHILPA
S.GOGI, HCGP FOR R-1;
SRI. P.S.RAJGOPAL, SENIOR ADVOCATE FOR
SRI..K.M.PRAKASH ADVOCATE FOR R-2.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER BY
SETTING THE ORDER PASSED BY THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION
NO. 5892/2020 DATED 29/01/2021 (ANNEXURE-A) BY
ALLOWING THE APPLICATION NO. 5892/2020, ETC.
-7-
In W.P.No.4286/2021
BETWEEN :
SRI. SHANKARAPPA.G.R.,
S/O SRI. RAMACHANDRAPPA.G.S,
AGED ABOUT 35 YEARS,
R/AT GULIHATTY VILLAGE,
DODDAGHATTA POST,
HOSADURGA TALUK,
CHITRADURGA DISTRICT - 577 527. ...PETITIONER
(BY SRI. ANIL KUMAR JOGI MATH, ADV.)
AND :
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF MINORITIES,
M.S.BUILDING,
BENGALURU - 560 001.
2. THE KARNATAKA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY,
UDYOGA SOUDHA,
BENGALURU - 560 001. ...RESPONDENTS
(BY SRI. SUBRAMANYA.R., AAG A/W SMT. SHILPA
S.GOGI, HCGP FOR R-1;
SRI. P.S.RAJGOPAL, SENIOR ADVOCATE FOR
SRI..K.M.PRAKASH ADVOCATE FOR R-2.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER BY
SETTING ASIDE THE ORDER PASSED BY THE KARNATAKA
STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE IN
APPLICATION NO. 5901/2020 DATED 29.01.2021 ( ANNEXURE -
A) BY ALLOWING THE APPLICATION NO. 5901/2020, ETC.
-8-
In W.P.No.4364/2021
BETWEEN :
SRI. PARASHURAMA BARAKER,
S/O SRI.SANGAPPA,
AGED ABOUT 45 YEARS,
R/AT NEAR D P E P SCHOOL,
NAVANAGARA, HUNGUND TALUK,
BAGALKOT DISTRICT - 587 118. ...PETITIONER
(BY SRI.VENKATESH R.BHAGAT, ADV.)
AND :
1. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY
MINORITIES WELFARE
HAJ AND WAKF DEPARTMENT
NO.215, 2ND FLOOR,
VIKASA SOUDHA,
BENGALURU-560001.
2. THE DIRECTOR
MINORITIES WELFARE DEPARTMENT
VISVESWARAIH MAIN TOWER
12TH FLOOR,
DR AMBEDKAR VEEDHI,
BENGALURU-560001.
3. THE SECRETARY
KARNATAKA PUBLIC SERVICE COMMISSION
UDYOGA SOUDHA, PARK ROAD,
BENGALURU-560001. ...RESPONDENTS
(BY SRI. SUBRAMANYA.R., AAG A/W SMT. SHILPA
S.GOGI, HCGP FOR R-1 AND R-2;
SRI. P.S.RAJGOPAL, SENIOR ADVOCATE FOR
SRI..K.M.PRAKASH ADVOCATE FOR R-3.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS PERTAINING TO IMPUGNED ORDER DATED
29/01/2021 PASSED BY THE KARNATAKA STATE
-9-
ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION
NO. 72/2021 AT ANNEXURE-A, ETC.
In W.P.No.4381/2021
BETWEEN :
SRI. BASAYYA BARAGANI,
S/O SRI HOLABASAYYA BARAGANI,
AGED ABOUT 42 YEARS,
R/AT KUNDARAGI POST,
KUNDARAGI POST, BILAGI TALUK,
BAGALAKOTA DISTRICT - 587 116. ...PETITIONER
(BY SRI. VENKATESH.R.BHAGAT, ADV.)
AND :
1. THE STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
MINORITIES WELFARE, HAJ & WAKF DEPARTMENT,
No.215,2ND FLOOR, VIKASA SOUDHA,
BENGALURU - 560 001.
2. THE DIRECTOR,
MINORITIES WELFARE DEPARTMENT,
VISVESWARAIAH MAIN TOWER,
12TH FLOOR, DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
3. THE SECRETARY,
KARNATAKA PUBLIC SERVICE COMMISSION,
UDYOGA SOUDHA, PARK ROAD,
BENGALURU - 560 001. ...RESPONDENTS
(BY SRI. SUBRAMANYA.R., AAG A/W SMT. SHILPA.S.GOGI
HCGP FOR R-1 AND R-2;
(BY SRI. P.S.RAJGOPAL SENIOR, ADV., A/W
SRI.K.M.PRAKASH, ADV., FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS PERTAINING TO IMPUGNED ORDER DATED
- 10 -
29.01.2021 OPASSED BY THE KARNATAKA STATE
ADMINISTRATICE TRIBUNAL AT BANGALORE IN APPLICATION
No.5988/2020 AT ANNEXURE-A, ETC.
In W.P.No.4447/2021
BETWEEN :
SRI. HARISHA.C
S/O SRI.CHALUVAIAYH,
AGED ABOUT 30 YEARS,
R/AT SUGGANAHALLI VILLAGE,
KODAVATHI POST,
HULIYUR DURGA HOBLI,
KUNIGAL TALUK,
TUMKUR DISTRICT - 572 123 ...PETITIONER
(BY SRI. VENKATESH R.BHAGAT, ADV.)
AND :
1. KARNATAKA PUBLIC SERVICE COMMISSION,
REP. BY THE SECRETARY,
UDYOGA SOUDHA, PARK ROAD,
BENGALURU - 560 001.
2. THE STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
MINORITIES WELFARE, HAJ & WAKF DEPARTMENT,
No.215, 2ND FLOOR, VIKASA SOUDHA,
BENGALURU - 560 001.
3. THE DIRECTOR,
MINORITIES WELFARE DEPARTMENT,
VISVESWARAIAH MAIN TOWER,
12TH FLOOR, DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001. ...RESPONDENTS
(BY SRI. P.S.RAJGOPAL SENIOR, ADV., A/W
SRI.K.M.PRAKASH, ADV., FOR R-1;
SRI. SUBRAMANYA.R., AAG A/W SMT. SHILPA.S.GOGI
HCGP FOR R-2 AND R-3)
- 11 -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS PERTAINING TO IMPUGNED ORDER DATED
29.01.2021 PASSED BY THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION
No.5964/2020 AT ANNEXURE-A, ETC.
In W.P.No.4691/2021
BETWEEN :
SMT. VIJAYALAKSHMI,
W/O MAHESH MALI PATIL,
AGED ABOUT 34 YEARS,
R/AT KARADAKAL POST,
LIGASUGUR TALUK,
RAICHUR - 584 122. ...PETITIONER
(BY SRI. VENKATESH R.BHAGAT, ADV.)
AND :
1. THE KARNATAKA PUBLIC SERVICE COMMISSION
OFFICE OF LOKSEVA AYOGA
UDYOGA SOUDHA
BENGALURU-560001.
REP BY ITS SECRETARY
2. MOULANA AZAD MODEL SCHOOL
DEPARTMENT OF MINORITY AFFAIRS
VISHVESHWARAIAH TOWER
BENGALURU-560001.
3. THE KARNATAKA UNIVERSITY
PAVATE NAGAR DHARWAD-58003
REP BY ITS REGISTRAR. ...RESPONDENTS
(BY SRI. P.S.RAJGOPAL SENIOR, ADV., A/W
SRI.K.M.PRAKASH, ADV., FOR R-1;
SRI. SUBRAMANYA.R., AAG A/W SMT. SHILPA.S.GOGI
HCGP FOR R-2 AND R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
- 12 -
RECORDS PERTAINING TO IMPUGNED ORDER DATED
29.01.2021 PASSED BY THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION
NO.6024/2020 AT ANNEXURE-A, ETC.
In W.P.No.4733/2021
BETWEEN :
SMT. MAMATHA.K.T.,
D/O SRI.DHANANJAYA.B.S.,
W/O SRI.THOPE GOWDA.K.H.
AGED ABOUT 32 YEARS,
R/AT 17, 5TH CROSS, SRIGANANDANAGAR,
HEGGANNAHALLI,
BENGALURU - 560 091. ...PETITIONER
(BY SRI. VENKATESH.R.BHAGAT, ADV.)
AND :
1. KARNATAKA PUBLIC SERVICE COMMISSION,
REP., BY THE SECRETARY,
UDYOGA SOUDHA, PARK ROAD,
BENGALURU - 560 001.
2. THE STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
MINORITIES WELFARE, HAJ & WAKF DEPARTMENT,
No.215, 2ND FLOOR, VIKASA SOUDHA,
BENGALURU - 560 001.
3. THE DIRECTOR,
MINORITIES WELFARE DEPARTMENT,
VISVESWARAIAH MAIN TOWER,
12TH FLOOR, DR.AMBEDKAR VEEDHI,
BENGALURU - 560 001. ...RESPONDENTS
(BY SRI. P.S.RAJGOPAL SENIOR, ADV., A/W
SRI.K.M.PRAKASH, ADV., FOR R-1;
SRI. SUBRAMANYA.R., AAG A/W SMT. SHILPA.S.GOGI
HCGP FOR R-2 AND R-3)
- 13 -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS PERTAINING TO IMPUGNED ORDER DATED
29.01.2021 PASSED BY THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION
NO. 5966/2020 AT ANNEXURE - A, ETC.
In W.P.No.8609/2021
BETWEEN :
SRI. SHIVA KUMAR B.K.,
S/O SRI. KRISHNA MURTHY.B.K.,
AGED ABOUT 36 YEARS,
R/O LAKSHMI BAZAR,
KONDRAHALLI VILLAGE,
MOLAKALMURU TALUK,
CHITRADURGA DISTRICT - 577 529. ...PETITIONER
(BY SRI. ANIL KUMAR JOGI MATH, ADV.)
AND :
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF MINORITIES,
M.S.BUILDING,
BENGALURU - 560 001.
2. THE KARNATAKA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY,
UDYOGA SOUDHA,
BENGALURU - 560 001. ...RESPONDENTS
(BY SRI. SUBRAMANYA.R., AAG A/W SMT. SHILPA
S.GOGI, HCGP FOR R-1;
SRI. P.S.RAJGOPAL, SENIOR ADVOCATE FOR
SRI.K.M.PRAKASH ADVOCATE FOR R-2.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT F CERTIORARI OR ANY OTHER WRIT OR ORDER BY
SETTING ASIDE THE ORDER PASSED BY THE KARNATAKA
STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE IN
- 14 -
APPLICATION NO. 5962/2020 DATED 29.01.2021 ( ANNEXURE -
A) BY ALLOWING THE APPLICATION NO. 5962/2020 ON THE
FILE OF KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT
BANGLAORE, ETC.
In W.P.No.16257/2021
BETWEEN :
SRI. SANTOSH SIDDAMMANAHALLI,
S/O RAMANJINI GOWDA.S.,
AGED ABOUT 33 YEARS,
RESIDING AT MATHRU KRUPA NILAYA,
HAR KRUPA COLONY, KURUGODU,
BELLARY DISTRICT - 583 116. ...PETITIONER
(BY SRI.K.SATHISH, ADV., FOR SRI. M.S.BHAGWAT, ADV.,)
AND :
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
MINORITIES WELFARE,
HAJ AND WAKF DEPARTMENT,
No.215, 2ND FLOOR, VIKASA SOUDHA,
BENGALURU - 560 001.
2. THE DIRECTOR,
MINORITIES WELFARE DEPARTMENT,
VISVESWARAIAH MAIN TOWER,
21ST FLOOR, DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
3. THE SECRETARY,
KARNATAKA PUBLIC SERVICE COMMISSION,
UDYOGA SOUDHA, PARK ROAD,
BENGALURU - 560 001. ...RESPONDENTS
(BY SRI. SUBRAMANYA.R., AAG A/W SMT. SHILPA
S.GOGI, HCGP FOR R-1 AND R-2;
SRI. P.S.RAJGOPAL, SENIOR ADVOCATE FOR
SRI.K.M.PRAKASH ADVOCATE FOR R-3.)
- 15 -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL IN RESPECT OF IMPUGNED ORDER DATED
29.01.2021 PASSED BY IN APPLICATION NO.5968/2020 AT
ANNEXURE-A, ETC.
In W.P.No.16259/2021
BETWEEN :
SRI. BASAVARAJA.J.,
S/O SRI.DODDABASAPPA,
AGED ABOUT 35 YEARS,
RESIDING AT JAKANDI COMPLEX,
OLD S.B.M.ROAD, KURUGODU,
BELLARY DISTRICT - 583 116. ...PETITIONER
(BY SRI. K.SATHISH, ADV., FOR SRI M.S.BHAGWAT, ADV.,)
AND :
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
MINORITIES WELFARE, HAJ AND WAKF DEPARTMENT,
No.215, 2ND FLOOR, VIKASA SOUDHA,
BENGALURU - 560 001.
2. THE DIRECTOR,
MINORITIES WELFARE DEPARTMENT,
VISVESWARAIAH MAIN TOWER,
12TH FLOOR, DR.AMBEDKAR VEEDHI,
BENGALURU - 560 001.
3. THE SECRETARY,
KARNATAKA PUBLIC SERVICE COMMISSION,
UDYOGA SOUDHA, PARK ROAD,
BENGALURU - 560 001. ...RESPONDENTS
(BY SRI. SUBRAMANYA.R., AAG A/W SMT. SHILPA
S.GOGI, HCGP FOR R-1 AND R-2;
SRI. P.S.RAJGOPAL, SENIOR ADVOCATE FOR
SRI.K.M.PRAKASH ADVOCATE FOR R-3.)
- 16 -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE HONBLE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL AT BANGALORE IN RESPECT OF
THE IMPUGNED ORDER DATED 29.01.2021 PASSED IN
APPLICATION NO. 5967/2020 (ANNEXURE-A), ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, S. SUJATHA, J., MADE THE FOLLOWING:
ORDER
Since common and akin issues are involved in these writ petitions, they are clubbed, heard together and disposed of by this common order.
2. In all these writ petitions, the petitioners are aggrieved by the common order dated 29.01.2021 passed by the Karnataka State Administrative Tribunal at Bengaluru ('Tribunal' for short), whereby the applications filed by the petitioners/applicants have been dismissed.
3. Briefly stated the facts are that the Department of minorities issued an executive order on 15.06.2018 establishing 100 Government Moulana Azad Model schools in the State. On 19.11.2018, the
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Karnataka Public Service Commission (KPSC) had invited the applications for the post of Headmasters along with other posts to work in Moulana Azad Model schools in the State of Karnataka which are managed by the respondent No.1 - Department. 80 posts of Headmasters were notified for recruitment under residual cadre and the reservation are also notified in the said notification.
4. The qualification prescribed for the post of Headmasters under the recruitment notification for Moulana Azad Model schools across the State is:
(a) Candidates must possess master degree from a recognized university;
(b) Candidates must possess a B.Ed. degree from a recognized University with post graduation subject having teaching method.
5. The petitioners having possessed post graduation in different subjects and also B.Ed. degree
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as 'teaching method' enclosing all required documents had submitted their applications through online for the post of Headmaster under different categories.
Pursuant to which, KPSC had issued admission tickets to the respective petitioners/applicants to appear for written examination conducted in between 17.12.2019 to 19.12.2019. Considering the marks secured in the written examination, selection list for interview was published by the KPSC. Further, the KPSC has issued publication dated 19.06.2020 in their website and had informed the candidates who were selected in the list to submit their documents for verification on or before 01.07.2020. Subsequently, the KPSC published list of 162 candidates called for the interview to the post of Headmaster in the Department of Minorities Welfare which was scheduled from 30.11.2020 to 02.12.2020.
Under the said list, petitioners' names were not included. Similarly placed petitioners/candidates have made representations to the KPSC and requested for
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inclusion of their names in the list of candidates called for interview but in vain. Being aggrieved by the said publication dated 21.11.2020 made by the KPSC stating that the candidature of 102 candidates who were not having required qualification have been rejected out of 264 candidates selected for interview under 1:3 list published, the petitioners approached the Tribunal. The Tribunal after hearing the parties dismissed the applications. Hence, these writ petitions.
6. The main ground of challenge of the petitioners is that the different Universities have prescribed different subjects as 'Teaching Method' to the graduates in different subjects and there is no unanimity in prescribing the Teaching Methodology.
Some subjects for eg., Social Science includes History.
In such case, the interpretation of the KPSC that the subject Social Science studied in B.Ed. is not equivalent to History is untenable.
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7. In the background of the arguments advanced by the KPSC that the appropriate Government has to specify as to whether B.Ed. graduation possessed by the petitioners would meet the prescribed qualification in some matters, though the State of Karnataka was not impleaded, permission was granted to the petitioners to implead the State of Karnataka, Department of Minority Welfare as respondent No.2.
8. Subsequently, a detailed order was passed by this Court on 14.09.2021. It is apt to quote the said order passed by this Court on 14.09.2021 which reads thus:-
"The respondent-State is directed to furnish the following information:
(i) list of selected candidates along with marks secured by them in written examination and marks allotted in the interview in a sealed cover;
(ii) marks secured by the writ petitioners in the written examination in a sealed cover;
(iii) list of selected candidates which has been ordered to be produced by second respondent at Sl.No.1
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hereinabove shall also contain all requisite details namely, category of reservation claimed, allotted under which category and such other incidental details.
2. In the affidavit filed today by the Under Secretary, Government of Karnataka, Department of Minority Welfare Hajj and Wakf, the details of examination passed by petitioners in Post Graduation and B.Ed. has been enumerated at paragraph 2 in a tabular column. Same would disclose that candidates who have completed their Post Graduation in Political Science and Sociology, they have studied Social Science and History/ Civics in B.Ed. Course. It has further indicated the names of University offering pedagogy of subject in B.Ed. Course. Whereas it is contended by petitioners that subjects studied by them in B.Ed. Course is the pedagogy of subject or the teaching method subject as prescribed under the extant recruitment notification.
3. In fact, similar issue had arisen before the Hon'ble Apex Court in the matter of PRAVEEN KUMAR C P v. KERALA PUBLIC
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SERVICE COMMISSION - 2021 SCC Online
612. The Kerala Public Service Commission (for short 'Ker.PSC') had invited applications by an employment notification dated 31.12.2012. The applicants PK and AD had applied to the posts notified under the recruitment notification. Under Note-ii of Clause 7 of the said employment notification it was specified as under:
"(ii) The applicants should have taken Botany or Zoology or Home Science or Microbiology as main subjects for Graduation or Post Graduation."
4. Both the candidates referred to above participated in selection process and were included in the "main list", which in substance indicated that they have succeeded in the written test. However, the question arose as to whether their B.Ed. Degrees were in subjects equivalent to the "concerned subject", which was stipulated in the employment notification. What would constitute the concerned subject has been stipulated in Note-ii of Clause 7 referred to hereinabove. As the candidates did not have B.Ed. Degree in Natural Science, at
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the time of verification of the documents objection was raised, for not having B.Ed. in the concerned subject. By virtue of non furnishing of Government Order regarding acceptance of qualification and extension of time sought for having been refused by Ker.PSC, they had approached the tribunal and by virtue of interim order they took part in the interview and later on results were withheld. During the pendency of their cases before the tribunal, 2 Government Orders came to be issued sustaining the claim of applicants of having Degrees equivalent to that of the concerned subject. Hence, on the basis of said Government Orders tribunal allowed both the applications and directed Ker.PSC to include the rank list. This order was assailed before the tribunal by Ker.PSC on the ground that equivalency ought to operate from the date of issuance of respective Government Orders and it could not be given retrospective effect, which argument came to be accepted. This order of High Court was challenged before the Apex Court, which over-turned the decision of High Court and restored the order of the tribunal.
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5. Learned Additional Advocate General when confronted with this aforesaid judgment of the Hon'ble Apex Court, had sought time to file affidavit of the concerned official and accordingly, affidavit has been filed contending interalia that qualification prescribed under the recruitment notification has to be read conjunctively and it is specifically mentioned that candidate should possess Masters Degree from recognized university and must also possess a B.Ed. Degree from the recognized University with Post Graduation/Master Degree subject having teaching method. It is also stated that petitioners do not possess B.Ed. Degree with Post Graduation subject or Masters Degree subject having been included as a teaching method subject.
6. Today, one more affidavit is filed by the State stating thereunder that petitioners who have obtained Post Graduation Degree in a particular subject has not been taught as a pedagogy subject in B.Ed. Course, which the petitioners have studied and as such State has sought to justify the order of rejection or rejection list published by KPSC.
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7. Out of 8 writ petitions listed today in 7 writ petitions namely, in writ petitions which have been referred to in the tabular column at paragraph 2 petitioners therein have studied History, Political Science, Physics, Sociology as subjects in Post Graduation. However, they have studied Social Science, Science and Mathematics, History and Civics and Social Studies-English in B.Ed. Degree. It is their specific contention that there is no specific teaching method subject specified in B.Ed. Course of the subjects which they have studied in Post Graduation. It is true that they have not stated that subject studied in B.Ed. is the pedagogy of subject studied in Post Graduation. But their contention in sum and substance is that subjects, which they have studied in B.Ed. Course, is the pedagogy subjects studied in Post Graduation or equivalent subject.
8. Rule 2(1)(h) of the Karnataka Civil Services Rules (General Recruitment) Rules, 1977, defines equivalent qualification:
"2. Definitions.- (1) xxxx
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(h) "equivalent qualification" means a qualification notified by the Government to be equivalent to a qualification prescribed in respect of any post in the rules regulating recruitment to any State Civil Service;"
9. In this background, when the affidavit filed today is perused, it would clearly emerge therefrom that insofar as State of Karnataka is concerned for the subject Political Science and Sociology there is no University in the State of Karnataka, which provides for the said subject as teaching method subject in B.Ed. Course or the pedagogy of subject offered by Universities in State of Karnataka. That apart, contention of the petitioner being History is a part of Social Science or Science and Mathematics or Social Studies is a part of Political Science or History and Civics is part of Sociology or Social Studies and English are part of History, is an issue which will have to be decided by the appropriate Government. Despite the attention of the State being drawn, as to whether the subjects studied by the petitioners in B.Ed. Course is to be treated as pedagogy subject of Post Graduation studied by the petitioners or it
- 27 -
would constitute equivalent or otherwise, the affidavit filed today is silent on this aspect. Appropriate Government will have to necessarily constitute an Expert Committee for this purpose and decide the said issue and on account of petitioners' future is now hanging in balance. Hence, we are of the considered view that it would be apt and appropriate for the State Government to constitute an Expert Committee with such persons as it deems fit, within three (3) days from today and place a report in this regard before this Court within 10 days from today.
10. Insofar as W.P.No.3931/2021 is concerned, applicant has completed his Post Graduation in Botany namely, M.Sc. in Botany and has completed B.Ed. Degree by studying Biology as one of the subjects. As to whether this would constitute an equivalent qualification, will also have to be decided by the said Expert Committee. In fact, affidavits filed by the State hitherto would disclose this aspect having not been delved upon. Hence, we call upon the State to submit a report on this aspect also and any other equivalent, if any,
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having been claimed by any other candidate/s so as to put an end or give rest to this issue.
11. It is also made clear that selection and appointments made by the State Government hitherto would be subject to result of present writ petitions and candidates already selected shall be notified individually by the State about the pendency of these writ petitions forthwith.
12. All the petitioners are also directed to furnish the set of documents to the State Government on the basis of which they are claiming equivalence or contending that subjects studied in B.Ed. Degree is the teaching method subject in which they have secured Post Graduation Degrees. Same may be submitted through the Office of Advocate General under due acknowledgement and the Office of the Advocate General shall forward the same to the Expert Committee being formed by the State.
13. The State without waiting for the copy of this order forthwith take steps to constitute the Committee and submit the report.
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Re-list these matters along with W.P.Nos.4381/2021, 4447/2021, 4691/2021, 3924/2021, 4733/2021, 14012/2020, 2845/2021, 16257/2021 and 16259/2021 on 27.09.2021."
9. In compliance with the directions issued by this Court on 14.09.2021, the Government of Karnataka has constituted the Expert Committee, who in turn has prepared the report dated 22.09.2021. The said report of the Expert Committee was placed before the appropriate Government for passing the necessary orders. On perusal of the memo dated 04.12.2021 filed by the respondent - State along with the copies of the proceedings of the Expert Committee and the report as well as the letter dated 29.09.2021, it would be gathered that the Government of Karnataka has accepted the Expert Committee Report dated 22.09.2021.
10. The documents furnished by the KPSC in a sealed cover which was kept in safe custody of the
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Registrar (Judicial) as per the directions of this Court has been secured by us and it is opened in the open Court. We have perused the list of selected candidates furnished by the KPSC, the same being not significant at present for the disposal of these writ petitions, it is directed to be re-sealed in the open Court and to be kept in safe custody of the Registrar (Judicial).
11. The relevant portion of the Expert Committee report placed on record by the learned Additional Advocate General assisted by the learned Government Pleader would read thus:-
Annexure - I The list of Petitioners/candidates whose subject in Master's Degree is considered as Equivalent to the subjects of teaching (pedagogy) in B.Ed Sl. Writ Name of the Subject Subject Remarks No. Petition Petitioner Studied by studied by No. in Petitioner's Petitioner's High Court in B.Ed and in Master's.
their
respective
universities
Social Since Social Studies
1 4242/2021 Mahabaleshw Studies and Political teaching method also
ara M English - Sri. Science includes Political
Krishnadevara Science. Therefore it
ya University is considered as
Equivalent.
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Social Since Social Science
2 4142/2021 Nagendra V.B. Science and Political teaching method also
English - Science includes Political
Indira Gandhi Science. Therefore it
National Open is considered as
University Equivalent.
Social Since Social Studies
3 4239/2021 Prasanna Studies and Political teaching method also
Kumar T.R. Kannada - Science includes Political
Karnataka Science. Therefore it
State Open is considered as
University Equivalent.
Social Since Social Science
4 4286/2021 Shankrappa Science and History teaching method also
G.R. English - includes History.
Indira Gandhi Therefore it is
National Open considered as
University Equivalent.
Social Since Social Studies
5 4149/2021 Yateesh H Studies and History teaching method also
English - includes History.
Karnataka Therefore it is
State Open considered as
University Equivalent.
Mathematics Since Physical Science
6 3157/2021 Mahadevappa and Physical Physics teaching method also
G Science - includes Physics.
Karnatak Therefore it is
University considered as
Equivalent.
Science and Since Science teaching
7 8609/2021 Shiva Kumar Mathematics Physics method also includes
B.K - Indira Physics. Therefore it
Gandhi is considered as
National Open Equivalent.
University
Mathematics Since Physical
8 2845/2021 Adilsab Mulla and Physical Physics Science teaching
Science - method also includes
Karnatak Physics. Therefore it
University is considered as
Equivalent.
Biology and Since Biology teaching
9 3931/2021 Harshitha R Chemistry - Botany method also includes
University of Botany. Therefore it is
Mysore considered as
Equivalent.
Mathematics Since candidate
10 14012/2020 Deepa B and Physical Chemistry posses Master's
Hugar Science - Degree in Chemistry
Karnatak and B.Ed. in Physical
University Science (which
includes Chemistry)
and Mathematics
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teaching method.
Therefore it is
considered as
Equivalent.
Annexure-II
The list of Petitioners/Candidates whose subject in Master's Degree is considered as Not Equivalent to the subjects of teaching [pedagogy] in B.Ed Subject Writ studied by Subject Petition Name of petitioner's Sl. studied by No. in the in B.Ed and Remarks No. Petitioner's High Petitioner their in Master's.
Court respective
universities.
Since candidates possess
Master's Degree in
History and
Political Science and
Savita Kannada - Political
1 3924/2021
Batakurki Karnatak Science
B.Ed in only History
teaching method.
University
Therefore it is considered
as Not Equivalent.
Since candidates possess
History and Master's Degree in
English - Political Science and
Basayya Political
2 4381/2021
Baragani
Karnataka
Science
B.Ed in only History
State Open teaching method.
University Therefore it is considered
as Not Equivalent.
Since candidates possess
History &
Master's Degree in
Civics and
Sociology and B.Ed in
Parasuram Kannada -
3 4364/2021
Baraker Rani
Sociology History and Civics
teaching method.
Channamma
Therefore it is considered
University
as Not Equivalent.
Since candidates possess
History & Master's Degree in
Civics and Sociology and B.Ed in
Chandrashe
4 2375/2020
khar Yalagi
English - Sociology History and Civics
Karnatak teaching method.
University Therefore it is considered
as Not Equivalent.
History & Since candidates possess
Vijayalaksh Civics and Master's Degree in
5 4691/2021
mi Kannada -
Sociology
Sociology and B.Ed in
Karnatak History and Civics
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University teaching method.
Therefore it is considered
as Not Equivalent.
Since candidates possess
History & Master's Degree in
Civics and Economics and B.Ed in
Basavaraja
6 16259/2021
J
Kannada - Economics History and Civics
Gulbarga teaching method.
University Therefore it is considered
as Not Equivalent.
Since candidates possess
History & Master's Degree in
Santosh Civics and Economics and B.Ed in
7 16257/2021 Siddamman Kannada - Economics History and Civics
ahalli Gulbarga teaching method.
University Therefore it is considered
as Not Equivalent.
Since candidates possess
Master's Degree in Bio-
Chemistry and B.Ed in
Biological
Biological Sciences and
Sciences and
Chemistry teaching
8 4733/2021 Mamtha.K.T Chemistry - Biochemistry
method. Bio-Chemistry
Bangalore
is of advanced level and
University
it is not of school level.
Therefore it is considered
as Not Equivalent.
Since candidates possess
Master's Degree in
Physics and Chemistry and B.Ed in
Mathematics Physics and
9 4447/2021 Harisha C
- Bangalore
Chemistry
Mathematics teaching
University method. Therefore it is
considered as Not
Equivalent.
12. In terms of the said Expert Committee report, 10 candidates out of 19 candidates are considered as having subject equivalence, 9 candidates are considered as not having subject equivalence as per the recruitment notification dated 22.11.2018. As far as the 10 candidates details of which are placed at
- 34 -
Annexure - I would demonstrate that their qualification is considered to be equivalent qualification as notified in the recruitment notification. The same having been accepted by the Government of Karnataka as per the letter dated 29.09.2021 addressed to the Office of Advocate General, we direct the Government of Karnataka to address/forward the said communication of accepting the Expert Committee report dated 22.09.2021 officially to the KPSC in order to enable the KPSC to proceed further in accordance with law.
13. Given in the circumstances, in view of the acceptance of the Expert Committee report by the Government of Karnataka as submitted by the learned Additional Advocate General which is taken on record by this Court, we direct the KPSC to proceed with the selection of the candidates/petitioners as per the report submitted by the Expert Committee dated 22.09.2021 in an expedite manner.
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14. In view of the aforesaid, we pass the following ORDER
i) The writ petitions, details of which are shown in Annexure - I hereinabove, are allowed.
ii) The writ petitions, details of which are shown in Annexure - II hereinabove, are dismissed.
iii) The KPSC is directed to consider the candidature of the petitioners for the selection of Headmasters in Moulana Azad Model schools in the light of the report of the Experts Committee dated 22.09.2021 and a decision shall be taken in an expedite manner.
iv) The impugned common order dated 29.01.2021 passed by the Karnataka State Administrative Tribunal, Bengaluru is modified to the extent indicated above.
v) However, it is made clear that in the peculiar facts and circumstances of this case, this
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order has been passed and the same shall not be considered as precedent.
vi) In view of the disposal of the writ petitions, all pending I.As. stand disposed of accordingly.
Sd/-
JUDGE Sd/-
JUDGE PMR