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Karnataka High Court

Ganesh S/O Sheena Mogaveera And Ors vs The Union Of India & Ors on 8 January, 2014

Author: Mohan M Shantanagoudar

Bench: Mohan .M. Shantanagoudar

                           1




        IN THE HIGH COURT OF KARNATAKA
                 GULBARGA BENCH

                      TH
     DATED THIS THE 8      DAY OF JANUARY, 2014

                      BEFORE

THE HON'BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR

           WRIT PETITION NOS.100829 &
           104489-104508/2013 (S-RES)

BETWEEN:

1.   Ganesh S/o Sheena Mogaveera,
     Aged about 27 years,
     Working as TGT Kannada Teacher,
     Adarsha Vidyalaya R.M.S.A.
     G.H.P.S. KEB Colony Ground,
     Raichur.

2.   Kaleel R. Bavakhanavar
     S/o Rajesab B. Bavakhanavar,
     Aged about 28 years,
     Working as TGT Hindi Teacher,
     Adarsha Vidyalaya R.M.S.A.
     G.H.P.S. KEB Colony Ground,
     Raichur.

3.   Mallappa S/o Rangappa
     Aged about 32 years,
     Working as Drawing Teacher,
     Adarsha Vidyalaya R.M.S.A.
     G.H.P.S. KEB Colony Ground,
                           2




     Raichur.

4.   Ameena Nausheen
     D/o Noor Mohammed,
     Aged about 26 years,
     Working as Assistant Teacher,
     Adarsha Vidyalaya R.M.S.A.
     G.H.P.S. KEB Colony Ground,
     Raichur.

5.   Akthar Hussain S/o Khaja Hussain,
     Aged about 28 years,
     Working as TGT Mathematics Teacher,
     Adarsha Vidyalaya R.M.S.A.
     G.H.P.S. KEB Colony Ground,
     Raichur.

6.   Farheen Begum D/o Sujat Hussain,
     Aged about 32 years,
     Working as TGT English Teacher,
     Adarsha Vidyalaya R.M.S.A.
     G.H.P.S. KEB Colony Ground,
     Raichur.

7.   Syed Aeraj Ibrahim Yamani,
     S/o Syed Ameenuddin Yamani,
     Aged about 32 years,
     Working as TGT Science Teacher,
     Adarsha Vidyalaya R.M.S.A.
     G.H.P.S. KEB Colony Ground,
     Raichur.

8.   J. Naveen Sagar S/o J. Arjun
     Aged about 27 years,
     Working as Office Assistant,
                            3




      Adarsha Vidyalaya R.M.S.A.
      G.H.P.S. KEB Colony Ground,
      Raichur.

9.    J. Nirmala D/o J. Mallaiah,
      Aged about 39 years,
      Working as Multi Tasking Assistant,
      Adarsha Vidyalaya R.M.S.A.
      G.H.P.S. KEB Colony Ground, Raichur.

10.   Siddalingesha J. S/o Jayalingappa A.
      Aged about 25 years,
      Working as TGT English Teacher,
      H.P.S., LBS Nagar, Raichur.

11.   Chandrashekhar Dande
      S/o Pramod Dande,
      Aged about 32 years,
      Working as TGT Social Science Teacher,
      H.P.S., LBS Nagar, Raichur.

12.   Tasleem Begum
      D/o Chand Pasha Chowdary,
      Aged about 28 years,
      Working as TGT Kannada Teacher,
      H.P.S., LBS Nagar, Raichur.

13.   Mallikarjun S/o Siddappa
      Aged about 28 years,
      Working as TGT Physical Education Teacher,
      H.P.S., LBS Nagar, Raichur.

14.   Sadat Ahamad S/o Manzur Ahamad
      Aged about 42 years,
      Working as TGT Hindi Teacher,
                            4




      H.P.S., LBS Nagar, Raichur.

15.   Gopi S/o Mallappa
      Aged about 28 years,
      Working as Physical Teacher,
      Government High School,
      At/Post: Athkur,
      Taluk & Dist: Raichur.

16.   Nagaratna D/o Ranganna
      Aged about 27 years,
      Working as TGT Social Science Teacher,
      G.H.P.S. Atkur,
      Taluk & Dist: Raichur.

17.   Jareena Begum
      D/o Abdul Rahim Khaji,
      Aged about 39 years,
      Working as TGT Science Teacher,
      G.H.P.S. Atkur,
      Taluk & Dist: Raichur.

18.   Basavaraj G. S/o Hanamanagouda,
      Aged about 28 years,
      Working as Assistant English Teacher,
      Government High School,
      Athkur, Taluk & Dist: Raichur.

19.   Mahantesh S/o Chandrashekar
      Aged about 29 years,
      Working as TGT Kannada Teacher,
      G.H.P.S. Atkur,
      Taluk & Dist: Raichur.
                             5




20.    Rangaswamy B.T. S/o Thirukappa
       Aged about 27 years,
       Working as TGT English Teacher,
       Government High School,
       Yaergere Post,
       Taluk & District.Raichur.

21.    Tirupati S/o Govindappa,
       Aged about 28 years,
       Working as Physical Teacher,
       Urdu High School, Siwar,
       Arakera Post, Deodurga Taluk,
       District. Raichur.

                                         ...Petitioners
(By Sri Sudarshan M. Advocate)

AND:

1.     The Union of India,
       Represented by its Secretary,
       Ministry of Human Resources Development
       New Delhi.

2.     The State Project Director,
       Rashtriya Madyamika Sikshina Abiyana,
       O/o Commissioner of New Public Offices,
       Public Instructions, Nrupatunga Road,
       Bangalore.

3.     The State of Karnataka,
       Represented by its Principal Secretary to
       Government,
       Department of Higher and Primary Education,
                             6




     Vikasa Soudha, Bangalore-560 001.

4.   The Commissioner of Public Instructions,
     New Public Offices, Nrupatunga Road,
     Bangalore - 560 001.

5.   The Joint Director and Selection Authority,
     Department of Public Instructions,
     Bangalore Division, Bangalore.

6.   The Joint Director and Selection Authority,
     Department of Public Instructions,
     Gulbarga Division, Gulbarga.
                                        ... Respondents

(Smt. Archana P.Tiwari, ASGI for R1
 Sri Manvendra Reddy, Govt. Adv. for R2-R6)

       These Writ Petitions are filed under Articles 226 &
227 of the Constitution of India, praying to restrain the
selection authority i.e., respondents No. 5 & 6 from
filling up the posts including the process of recruitment
in respect of Adarsha Vidyalay (English Medium) and
upgraded upper primary schools with class 9th and 10th
(Kannada Medium) across Karnataka schools since the
said Adarsha Vidyalay (English Medium) and upgraded
upper primary schools with class 9th and 10th (Kannada
Medium) across Karnataka Schools is the central
government H.R.D. scheme under Rashtriya Madyamik
Shiksha Abhiyan and etc.,


     These Writ Petitions coming on for Preliminary
hearing this day, the Court made the following:
                               7




                        ORDER

Learned Government Advocate is directed to take notice for Respondents 2 to 6.

Smt.Archana Tiwari, ASGI is directed to take notice for Respondent No.1.

The question involved in these writ petitions is fully covered by the judgment of this Court dated 24.04.2013 in W.P.Nos.13573-608/2013 (S-RES) and connected matters. Hence, these writ petitions also stand disposed of in terms of the very order dated 24.04.2013 passed in W.P.Nos.13573-608/2013 (S- RES) and connected matters.

Sd/-

JUDGE swk