Karnataka High Court
Sri. Shreyas S/O Basavaraj Jabshetti vs The State Of Karnataka on 6 January, 2023
-1-
WP No. 101849 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO. 101849 OF 2022 (S-RES)
BETWEEN:
1. SRI. SHREYAS S/O BASAVARAJ JABSHETTI
AGE. 32 YEARS,
OCC. NIL,
R/O. NO.202,
YANAMPETH,
TERBAZAR,
RAMDURG 591123,
DIST. BELAGAVI.
...PETITIONER
(BY SRI. DINESH M KULKARNI.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY,
VIDHANSOUDHA,
BENGALURU 01.
2. THE COMMISSIONER
DEPARTMENT OF COLLEGIATE EDUCATION,
GOVERNMENT OF KARNATAKA,
DHARWAD 580001.
3. THE REGIONAL JOINT DIRECTOR
DEPARTMENT OF COLLEGIATE EDUCATION,
BELAGAVI DIVISION,
DHARWAD 580001.
4. THE PRINCIPAL
C S BEMBALAGI ARTS,
-2-
WP No. 101849 of 2022
M R PALARESHA SCIENCE AND G L RATHI COMMERCE
COLLEGE,
RAMDURG 591123,
DIST. BELAGAVI.
...RESPONDENTS
(BY SRI. VINAYAK KULKARNI, AGA FOR RESPONDENT NOS. 1 TO 3;
R4 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN
THE NATURE OF CERTIORARI TO QUASH THE THE ENDORSEMENT
BEARING NO.KASHIE/181/AANE/2018-19/DHAVI/NEVI-2 DATED
24/08/2021 ANNEXURE-F ISSUED BY RESPONDENT NO.2 AND THE
ENDORSEMENT.BEARING.NO.KASHIE/PRAKADA/82/ANUKAMPA/GES.
5/2021-22 DATED 01/12/2021 PRODUCED AS ANNEXURE-J, ISSUED
BY RESPONDENT NO.3, AS NULL AND VOID.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN
B GROUP, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
1. In this writ petition, the petitioner has challenged the endorsement dated 24/8/2021 (Annexure-F), issued by the respondent No.2 and endorsement dated 01/12/2021 (Annexure-J), issued by the respondent No.3, as the same are contrary to the law.
2. The relevant facts for adjudication of this writ petition are that, mother of the petitioner-Drakshayani -3- WP No. 101849 of 2022 Somappa Naragund was working as Library Assistant at CSB Science and Commerce College, Ramdurga and she was entrusted with election duties during Belagavi Parliament Bye Election-2021 as Polling Officer. While discharging her duties as Polling Officer, she was declared with positive symptoms of COVID-2019 and thereafter, she died on 12/5/2021 and the death certificate is produced at Annexure-C to the writ petition. The petitioner being a son of the deceased made an application to the respondent-authority, seeking appointment on compassionate ground and the said application was rejected by the respondents-authorities by endorsements dated 24/8/2021 dated 01/12/2021. Feeling aggrieved by the same, the petitioner has presented this writ petition.
3. I have heard Sri.Dinesh.M.Kulkarni, learned counsel appearing for the petitioner and Sri.Vinayak Kulkarni, learned AGA for respondent Nos.1 and 3.
4. Sri.Dinesh M Kulkarni, learned counsel appearing for the petitioner invited the attention of the Court with regard to the impugned endorsement dated 24/8/2021, whereby the application made by the petitioner was rejected -4- WP No. 101849 of 2022 by the competent authority and he further submitted that the said reason assigned by the respondent-authority is contrary to law declared by this court in the case of Moulali v/s the Principal Secretary, Department of Education, Bengaluru & Others, reported in (2016) 4 KLJ 155 and in terms of the ratio laid down by this Court and therefore it is contended that, the impugned endorsements do not survive for consideration.
5. On the other hand, learned AGA sought to justify the impugned endorsements issued by the Government.
6. In the light of the submissions made by the learned counsel appearing for the parties, it is not in dispute that the mother of the petitioner died on 12/5/2021, while she was working as Polling Officer during Belagavi Parliament Bye Election-2021. It is not in dispute that the mother of the petitioner was working as Library Assistant in an aided institution. In that view of the matter, I have carefully considered the ratio laid down by this Court in Moulali (supra), wherein it is held that, Rule 8(2) of the Karnataka Educational Institutions (Collegiate Education) Rules, 2003, -5- WP No. 101849 of 2022 as well as the relevant rules namely the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 framed by the State Government were made applicable to the aided institutions, receiving grant-in-aid and it would not be open for the respondent-authorities to contend that for filling up of such vacancies arising on account of death of the employee, Government is not responsible to meet the salary and allowances.
7. In view of the law declared by this Court, in the aforementioned case, I am of the view that, the impugned endorsements issued by the respondents-authorities do not survive for consideration. It is suffice to say that, the Division Bench of this Court, has considered the identical issue in W.A.No.200235/2017, disposed of on 6/9/2019 and has arrived at conclusion that, Rule 8(2) of the Karnataka Educational Institutions (Collegiate Education) Rules, 2003 cannot be extend to an employee of the private aided institution.
8. In that view of the matter, impugned endorsements issued by the respondents do not survive for consideration. -6- WP No. 101849 of 2022 Accordingly, endorsement dated 24/8/2021 (Annexure-F), issued by the respondent No.2 and endorsement dated 1/12/2021 (Annexure-J), issued by respondent No.3 are set aside and respondent No.2 shall reconsider the representation made by the petitioner, seeking appointment on compassionate ground, in the light of the law laid down by this Court referred above. It is made clear that respondent No.2 shall consider the same within two weeks from the date of receipt of this order and convey the outcome of the same to the petitioner.
Sd/-
JUDGE VB List No.: 1 Sl No.: 38