Karnataka High Court
Smt. Kalavathi Maruthi Bharnatti vs The Commissioner, on 17 January, 2013
Author: N.Ananda
Bench: N.Ananda
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 17 T H DAY OF JANUARY, 2013
BEFORE
THE HON'BLE MR.JUSTICE N.ANANDA
W.P. No.67828 OF 2010 [S-PRO]
C/W
W.P.Nos.67420/2010 and 67421/2010
IN WP.No.67828/2010:
BETWEEN:
Smt. Kalavathi Maruthi Bharnatti,
D/o Maruthi L. Bharnatti,
Aged about 40 years,
Working as Assistant Teacher,
PJN High School, Kalloli,
R/o Lakshmi Building,
Near LET College,
Adithyanagar, Gokak,
Belgaum District.
...PETITIONER
(By Sri G.K.Hiregoudar and
Sri B.B.Bajentri, Advs.)
AND:
1. The Commissioner,
Department of Public Instructions,
Dharwad.
2. The National Education Society,
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Represented by its Chairman,
College Road, Gokak,
Belgaum District.
3. The Director,
Department of Public Instruction,
Dharwad District, Dharwad.
4. The Deputy Director,
Department of Public Instruction,
Chikkodi, Chikkodi District.
5. S.S.Angadi, Head Master,
New English High School,
Gokak, At Tq. Gokak,
Dist: Belgaum.
6. Prakash Garagatti,
Head Master,
B.G. High School,
Hirekoppa (K.S.),
Tq. Ramadurga, Dist: Belgaum.
RESPONDENTS
(By Smt. Megha C. Kolekar, HCGP for R-1, R-3
and R-4; Sri Laxman T. Mantagani, Adv. for R-2;
Sri Dinesh M. Kulkarni, Adv. for R-5 and R-6)
This writ petition is filed under Articles 226 and 227 of
the Constitution of India praying to direct the I respondent to
implement the order passed by the I respondent in Appeal
No.6/2009-10 (Annexure-B) and to promote her to the post
of Head Mistress in any one of the four schools (State aided)
run by the II respondent.
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IN WP.No.67420/2010:
BETWEEN:
S.S.Angadi,
Age: 45 years, Occ: Head Master,
New English High School,
Gokak, At Gokak,
Residing at No.99,
"Shivalingeshwara Krupa",
Mahalingeshwarnagar,
Falls Road, Gokak,
Dist: Belgaum.
Petitioner
(By Sri Dinesh M. Kulkarni, Adv.)
AND:
1. State of Karnataka,
Department of Primary and
Secondary Education,
Rep. by its Secretary,
M.S.Building,
Bangalore-560 001.
2. Under Secretary,
Department of Primary and
Secondary Education,
Rep. by its Secretary,
M.S.Building,
Bangalore-560 001.
3. The Commissioner,
Office of the Commissioner,
Department of Public Instructions,
Dharwad.
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4. The Director,
Department of Public Instruction,
Dharwad District, Dharwad.
5. The Deputy Director,
Department of Public Instructions,
Belgaum, Dist: Belgaum.
6. The Chairman,
National Education Society,
Gokak, Belgaum District.
7. Smt. Kalavathi Maruthi Bharnatti,
D/o Maruthi L. Bharnatti,
Aged about 40 years,
Occ: Assistant Teacher,
PJN High School, Kalloli,
Residing at Lakshmi Building,
Near LET College,
Adithyanagar, At: Gokak,
Belgaum District.
RESPONDENTS
(By Smt. Megha C. Kolekar, HCGP for R-1 to R-5;
Sri Laxman T. Mantagani, Adv. for R-6;
Sri G.K. Hiregouda, Adv. for R-7)
This writ petition is filed under Articles 226 and 227 of
the Constitution of India praying to quash the impugned
order dated 30.12.2009 passed by III respondent in Appeal
No.6/2009-10 (Annexure-L) to the writ petition, in so far as
the petitioner concerned, etc.
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IN WP.No.67421/2010:
BETWEEN:
Prakash Garagatti,
S/o Ramachandra,
Age: 50 years, Occ: Head Master,
B.G. High School, Hirekoppa (KS)
Tq. Ramadurga, Dist: Belgaum,
Residing at Kallolli,
Tq. Gokak, Dist: Belgaum.
Petitioner
(By Sri Dinesh M. Kulkarni, Adv.)
AND:
1. State of Karnataka,
Department of Primary and
Secondary Education,
Rep. by its Secretary,
M.S.Building,
Bangalore-560 001.
2. Under Secretary,
Department of Primary and
Secondary Education,
Rep. by its Secretary,
M.S.Building,
Bangalore-560 001.
3. The Commissioner,
Office of the Commissioner,
Department of Public Instructions,
Dharwad.
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4. The Director,
Department of Public Instruction,
Dharwad District, Dharwad.
5. The Deputy Director,
Department of Public Instructions,
Belgaum, Dist: Belgaum.
6. The Chairman,
National Education Society,
Gokak, Belgaum District.
7. Smt. Kalavathi Maruthi Bharnatti,
D/o Maruthi L. Bharnatti,
Aged about 40 years,
Occ: Assistant Teacher,
PJN High School, Kalloli,
Residing at Lakshmi Building,
Near LET College,
Adithyanagar, At: Gokak,
Belgaum District.
RESPONDENTS
(By Smt. Megha C. Kolekar, HCGP for R-1 to R-5;
Sri Laxman T. Mantagani, Adv. for R-6;
Sri G.K. Hiregouda, Adv. for R-7)
This writ petition is filed under Articles 226 and 227 of
the Constitution of India praying to quash the impugned
order dated 30.12.2009 passed by III respondent in Appeal
No.6/2009-10 (Annexure-H) to the writ petition, in so far as
the petitioner concerned, etc.
These petitions coming on for Preliminary Hearing- B
Group this day, the court made the following:
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ORDER
The promotions to the posts of Headmaster in New English High School under the management of II respondent is the subject matter of these three writ petitions. The promotion of petitioner in W.P. Nos. 67420/2010 and 67421/2010 has been set-aside by the Appellate Authority in Appeal No.6/2010 dated 30.12.2009. Therefore they are before this Court.
2. Petitioner in W.P.No.67828/2010 has sought for mandamus to operate the roaster in terms of the order of the appellate authority and promote her to the post of Headmaster.
3. I have heard learned counsel for parties and perused records.
4. As per the list of promotions maintained by II respondent, one D.B. Ainapur was promoted as headmaster on 11.07.1969 when the reservation for 8 promotions was not in vogue. Petitioner in W.P.Nos. 67420/2010 and 67421/2010 were promoted by operating 1978 roaster.
5. The appellate authority on examination of the records maintained by the management has held that II respondent is running three high schools and has maintained common seniority list. In terms of roaster order issued by the Government in 1978, for the purpose of promotion, roaster point 1 to 16 were fixed and roaster point 2 was reserved for scheduled caste and roaster point 16 was reserved for scheduled tribe. In terms of the roaster issued in 1979, roaster point 1 was reserved for scheduled caste and roaster point 2 was reserved for scheduled tribe. The management has contended that promotions to respondent Nos. 5 and 6 in W.P.67828/2010 (petitioners in W.P.Nos. 67420/2010 and 67421/2010) were given by operating 1978 roaster.
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6. The appellate authority, on examination of the records has found that the management had not operated 1978 roaster. In fact, one D.B.Ainapur was promoted in the year 1969 was also brought into picture to show that he was promoted by operating 1978 roaster which is apparently false.
The appellate authority by considering the documents made available by the management held that promotions of petitioners in W.P.Nos. 67420/2010 and 67421/2010 are not in accordance with roaster. The management should have operated 1979 roaster for the purpose of promotion. In view of the aforestated discrepancies, promotions of petitioners in W.P.Nos. 67420/2010 and 67421/2010 to the post of Headmaster and consequent approval have been set- aside and the management has been directed to reconsider promotions by operating 1979 roaster, which holds the field as of now.
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7. Therefore, I do not find any legal or factual infirmities in the order passed by the appellate authority. Therefore, W.P.Nos.67420/2010 and 67421/2010 are dismissed.
8. As the matter of promotion is pending for a period of three years and uncertainty is prevailing in the minds of prospective promotees, I deem it appropriate to direct the management to consider the directions issued by the appellate authority within three months from the date of this order. W.P.No.67828/2010 is accordingly disposed of.
Sd/-
JUDGE mkc