Karnataka High Court
Ms. Anita Gurusuddappa Sullad vs State Of Karnataka on 26 November, 2013
Bench: Mohan.M.Shantanagoudar, K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 26TH DAY OF NOVEMBER 2013
PRESENT
THE HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
AND
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
WRIT PETITION No.40522/2010 (S-KAT)
c/w
WRIT PETITION No.26002/2010 (S-KAT)
WRIT PETITION No.26396/2010 (S-KAT)
WRIT PETITION No.38029/2010 (S-KAT)
WP NO 40522 OF 2010
BETWEEN
MS. ANITA GURUSUDDAPPA SULLAD
AGED ABOUT 28 YEARS
D/O GURUSIDDAPPA
HINDU, R/AT C.O. B.G. SULLAD,
GABBURU ONI, HUBLI 580 028,
PRESENTLY R/AT C/O S S GAVI,
HOUSE NO.91, FREEDOM
FIGHTERS COLONY, BANGALORE 58.
... PETITIONER
(By Sri. A V SRINIVAS, ADVOCATE)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF PRIMARY AND
SECONDARY EDUCATION
M S BUILDING, VIDHANA VEEDHI
BANGALORE 1
2
BY ITS SECRETARY.
2. KARNATAKA PUBLIC SERVICE COMMISSION
UDHYOGA SOUDHA PARK HOUSE
BANGALOER 1
BY ITS SECRETARY.
3. THE DIRECTOR
PRE-UNIVERSITY EDUCATION BOARD,
MALLESWARAM 18TH CROSS,
BANGALORE 3
4. MR SHADAKSHARAIAH K B
AGE 30 YEARS
S/O RAMACHANDRAIAH K H
R/AT BEHIND POST OFFICE4
KYATHASANDRA, TUMKUR 572 104
5. MRS SHALINI W/O SADANANDA NAYAK
AGE 29 YEARS
R/AT SRINIDHI NIVAS
NEAR SHENOY HOUSE KELA
PAKALA HERGA VILLAGE,
UDUPI DISTRICT 5761 07.
.. RESPONDENTS
(By Sri. PAVAN KUMAR B BAJENTRI, AGA FOR R1
REUBEN JACOB, ADVOCATE FOR R2
R3 TO R5 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER OF THE KARNATAKA ADMINISTRATIVE TRIBUNAL,
BANGALORE DT.19.2.10, VIDE ANN-C WHEREIN THE
PETITION OF PETITIONER IN A.NO.4189/09 HAS BEEN
DISMISSED.
3
WP NO 26002 OF 2010
BETWEEN
HANUMESH
S/O. DEVAPPA NAYAK
HINDU, AGE 27 YEARS
HANUMAN NAGAR CAMP
AMARAPUR PO
SINDHANUR TALUK
RAICHUR DISTRICT - 584128.
... PETITIONER
(By Sri. A V SRINIVAS, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF PRIMARY AND
SECONDARY EDUCATION
M S BUILDING, VIDHANA VEEDHI
BANGALORE - 560 001.
2. THE KARNATAKA PUBLIC SERVICE COMMISSION
UDHYOGA SOUDHA PARK HOUSE
BANGALOER 1
BY ITS SECRETARY.
3. THE DIRECTOR
PRE-UNIVERSITY EDUCATION BOARD,
MALLESWARAM 18TH CROSS,
BANGALORE 3
4. H HONNESHA
AGE 28 YEARS
R/AT No. 1809, 7TH 'A' CROSS
E-BLOCK, II STAGE
RAJAJINAGAR
BANGALORE - 560 010.
5 S T MANJU
AGE 29 YEARS
4
S/O. THAMMAIAH SHETTY
R/AT No. 104, KOTE STREET
SALIGRAMA POST
K R NAGAR TALUK
MYSORE DISTRICT.
.. RESPONDENTS
(By Sri. PAVAN KUMAR B BAJENTRI, AGA FOR R1
REUBEN JACOB, ADVOCATE FOR R2
R3 TO R5 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER OF THE KARNATAKA ADMINISTRATIVE TRIBUNAL,
BANGALORE DT.19.2.10, VIDE ANN-C WHEREIN THE
PETITION OF PETITIONER IN A.NO.4279/09 HAS BEEN
DISMISSED.
WP NO 26396 OF 2010
BETWEEN
VINOD
S/O PANDURANGA JOSHI
AGED ABOUT 37 YEARS
WORKING AS LECTURER IN CHEMISTRY
SHARADA VILAS P U COLLEGE, MYSORE
R/AT NO.54/1, FORT MOHALLA,
CHAMARAJA ROAD, MYSORE-570004
... PETITIONER
(By Sri. A V SRINIVAS, ADVOCATE )
AND
1. THE SECRETARY
STATE OF KARNATAKA
DEPARTMENT OF EDUCATION
M S BUILDING, VIDHANA VEEDHI
BANGALORE-560001
5
2. THE SECRETARY
KARNATAKA PUBLIC SERVICE COMMISSION
UDYOGA SOUDHA
BANGALORE-560001
3. SRI RAVIRAJ N H
S/O M HONAPPA
AGE 29 YEARS
R/AT NAGENAHALLI POST-CHANDARGIRI
MADHUGIRI TALUK
TUMKUR DISTRICT.
4. SRI VENKATESHAPPA G
AGE 32 YEARS
S/O GURAPPAR
AT BHOVI COLONY
GANDHINAGAR
PAVAGADA
TUMKUR DISTRICT
... RESPONDENTS
(By Sri. PAVAN KUMAR B BAJENTRI, AGA FOR R1
REUBEN JACOB, ADVOCATE FOR R2
R3 & R4 ARE SD.)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER OF THE KARNATAKA ADMINISTRATIVE TRIBUNAL,
BANGALORE, DATED 4.1.10, WHEREIN THE PETITION OF
PETITIONER IN A.NO.2760/2009 HAS BEEN DISMISSED
VIDE ANNEX-C.
WP NO 38029 OF 2010
BETWEEN
SRI PRASAD S/O HULUGAPA
AGED ABOUT 27 YEARS,
HINDU R/A NO. HASAMAKAL
6
SINDHANOOR TALUK, RAICHUR DIST.
PRESENTLY R/A PRABHAKARA
HOUSING COMPLEX, ROOM NO. 04,
ELECTRONIC CITY, BANGALORE
... PETITIONER
(By Sri. A V SRINIVAS, ADVOCATE)
AND
1. STATE OF KARNATAKA
DEPT.OF PRIMARY & SECONDARY EDUCATION
M S BUILDING, VIDHANA VEEDHI,
BANGALORE BY ITS SECY.,
2. KARNATAKA PUBLIC SERVICE COMMISSION
UDHYOGA SOUDHA PARK HOUSE,
BANGALORE BY ITS SECRETARY
3. THE DIRECTOR
PRE UNIVERSITY EDUCATION BOARD
MALLESWARAM, 18TH CROSS, BANGALORE
4. SRI. RAJASHEKAR K E S/O ERAIAH
AGED ABOUT 28 YEARS,
R/A KODIGEHALLI BYTHA POST,
UDIGERE HOBLI, TUMKUR DIST.
5. MS. PARIMALA Y
AGED ABOUT 29 YEARS,
R/A NO. 15, Q BLOCK,
CHAMPION REFES,
KGF-563117
... RESPONDENTS
(By Sri. PAVAN KUMAR B BAJENTRI, AGA FOR R1 TO 3
REUBEN JACOB, ADVOCATE FOR R2
R4 TO 5 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER OF THE KARNATAKA ADMINISTRATIVE TRIBUNAL,
7
BANGALORE DATD 19.2.2010 VIDE ANNEXURE-C,
WHEREIN THE PETITION OF PETITIONER IN
A.NO.4418/2009 HAS BEEN DISMISSED.
THESE PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
The order of the Karnataka Administrative Tribunal in application No.4189/2009 and connected matters dated 19.02.2010 is called in question in these writ petitions. By the said order, the Tribunal has refused to accept the contention of the petitioners herein that M.Sc (Inorganic Chemistry), M.Sc (Oranic Chemistry), M.Sc (Physical Chemistry) etc., are equivalent to M.Sc Chemistry for the purpose of selection to the post of lecturers in Government Pre- University Colleges.
2. Records reveal that petitioner in W.P.No. 26396/2010 has completed his M.Sc (Inorganic Chemistry) from Gulbarga University, petitioner in 8 W.P.No.40522/2010 has completed her M.Sc (Physical Chemistry) from Karnataka University and petitioners in W.P.Nos.26002/2010 and 38029/2010 have completed M.Sc (Organic Chemistry) from Karnataka University and Gulbarga University, respectively.
3. The notification dated 27.05.1998 issued by the Department of Personnel and Administrative Secretariat bearing No.DPAR 71 SRE 94, Bangalore, reveals that the qualification prescribed for being appointed as lecturer in Government Pre-University Colleges (for direct recruitment) is pass in master degree in second class with minimum of 55% marks in subjects specified in corresponding entries in column (3) of the table annexed. Sl.No. 10 of the table annexed to the said notification pertains to the post of lecturer in Chemistry and qualification prescribed is Chemistry which means M.Sc in Chemistry is the qualification prescribed for appointment as lecturer in Chemistry. Since petitioners had got M.Sc (Inorganic Chemistry), M.Sc (Physical Chemistry) and M.Sc.(Organic Chemistry), their case for 9 selection has not been considered by the Karnataka Public Service Commission in respect of 2008 notification. The final selection list was issued on 18.06.2009 and consequently, an endorsement came to be issued to the petitioners stating that petitioners are not qualified to the post of lecturers. The said endorsements were questioned by petitioners before the Karnataka Administrative Tribunal in Application No. 4189/2009 and connected matters which came to be dismissed by the impugned order, dated 19.02.2010.
4. It is brought to the notice of the Court by the learned Advocate for petitioners that Karnataka University and Gulbarga University will issue M.Sc degrees indicating specific subjects, like M.Sc (Inorganic Chemistry), M.Sc (Organic Chemistry), M.Sc (Physical Chemistry) etc., The nomenclature of M.Sc degree specifies the particular subject studied by the concerned candidate, whereas, other Universities will provide M.Sc Chemistry degree though the candidates concerned might have studied either Organic 10 Chemistry, Inorganic Chemistry or Physical Chemistry etc. Thus, according to the petitioners' counsel, merely the nomenclature in the master degree should not affect the career of the candidates who have obtained master degree in Chemistry from Karnataka University and Gulbarga University.
5. The said submission made at the bar by the advocate for petitioners appears to be just and proper. The nomenclature of the master degree found in the certificate issued by the concerned University should not affect the career of the candidates. Since the Universities have adopted particular procedure/ nomenclature for issuing degrees in particular manner though the candidates have studied M.Sc Chemistry, candidates should not be deprived of being considered for selection. However, such an anomaly is subsequently rectified by issuing one more notification dated 13.04.2012 by the State Government wherein it is clarified that for the post of lecturer in Chemistry, master degree in Chemistry or Physical Chemistry or 11 Organic Chemistry or Inorganic Chemistry or Analytical Chemistry or Industrial Chemistry or Bio Chemistry or Applied Chemistry, etc., need to be considered. Thus, it is clear that State Government having come to know of the defect in the earlier notification, has clarified the defect and rectified the same.
6. In that view of the matter, we hold that M.Sc (Physical Chemistry) M.Sc (Inorganic Chemistry) and M.Sc (Organic Chemistry) held by the petitioners are equivalent to M.Sc Chemistry for the purpose of selection to the post of lecturer in Pre-University Colleges. Accordingly, the impugned order passed by the Tribunal stands quashed.
7. The respondents are directed to consider the applications filed by the petitioners for selection to the post of lecturers in Chemistry on merits treating M.Sc (Physical Chemistry) M.Sc (Inorganic Chemistry) and M.Sc (Organic Chemistry) as equivalent to M.Sc Chemistry. Consequences will follow, if in case, 12 petitioners are selected. Petitions are allowed accordingly.
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