Karnataka High Court
Girisha vs The State Of Karnataka on 7 August, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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WP No. 48717 of 2019
C/W WP No. 17560 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 48717 OF 2019 (GM-R/C)
C/W
WRIT PETITION NO. 17560 OF 2022 (GM-R/C)
IN WRIT PETITION.48717/2019
BETWEEN:
NAVEEN KUMAR
S/O SURYA PRAKASH RAO
AGED ABOUT 30 YEARS
R/A NO.270, 2ND CROSS
DATTATREYA EXTENSION
GAVIPURAM GUTTAHALLI
BANGALORE-560 019.
...PETITIONER
(BY SRI. G.B. SHARATH GOWDA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
Digitally REVENUE DEPARTMENT
signed by
SUMA B N (BHOMI U P O R, DISASTER MANAGEMENT
MUZARAI AND STAMPS & REGISTRATION)
Location:
High Court ROOM NO.603, 6TH FLOOR
of Karnataka GATE-1, M S BUILDING
DR B R AMBEDKAR VEEDHI
BANGALORE-560 001.
2. THE COMMISSIONER
OFFICE OF THE COMMISSIONER
DEPARTMENT OF HINDU RELIGIOUS AND CHARITABLE
ENDOWMENT
MINTO ANJANEYA BHAVAN
1ST MAIN, AVR ROAD
CHAMARAJPET, BANGALORE-560 018.
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WP No. 48717 of 2019
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3. THE EXECUTIVE OFFICER
SRI BANASHANKARI AMMA TEMPLE
SARBANDAPALYA, KANAKAPURA ROAD
BANASHANKARI TEMPLE WARD,
BENGLAURU-560 070.
4. GIRISHA
S/O GOPALAKRISHNA
AGED ABOUT 32 YEARS
WORKING AS ASSISTANT ARCHAKA
SRI BANASHANKARI AMMA TEMPLE,
SARBANDAPALYA, KANAKAPURA ROAD,
BANASHANKARI TEMPLE WARD,
BENGALURU-560 070
R/A NO.B4, BANASHANKARI AMMA TEMPLE QUARTERS,
S KARIYAPPA ROAD,
BENGALURU - 560 070.
5. S SHABARISH
S/O LATE R SURYAPRAKASH
AGED ABOUT 29 YEARS
WORKING AS ASSISTANT ARCHAKA
SRI BANASHANKARI AMMA TEMPLE,
SARBANDAPALYA, KANAKAPURA ROAD,
BANASHANKARI TEMPLE WARD,
BENGALURU-560 070
R/AT BANASHANKARI AMMA TEMPLE QUARTERS,
S. KARIYAPPA ROAD,
BENGALURU - 560 070.
6. ABHILASH S.,
S/O LATE SATHYANARAYANA SHASTRY
AGED ABOUT 30 YEARS
WORKING AS ASSISTANT ARCHAKA
SRI BANASHANKARI AMMA TEMPLE,
SARBANDAPALYA, KANAKAPURA ROAD,
BANASHANKARI TEMPLE WARD,
BENGALURU-560 070
R/AT BANASHANKARI AMMA TEMPLE QUARTERS,
S.KARIYAPPA ROAD,
BENGALURU - 560 070.
...RESPONDENTS
(BY SRI.SPOORTHY HEGDE., HCGP FOR R1 AND R2;
SRI. K. SEENAPPA, ADVOCATE FOR R3;
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WP No. 48717 of 2019
C/W WP No. 17560 of 2022
SRI. VIGNESWARA S. SHASTRI SR. COUNSEL FOR
SRI. GURURAJ R., ADVOCATE FOR R4 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
ORDER BEARING NO.B.S.T.2/CR.10/2014-15 BANGALORE,
DATED.21.08.2019 PASSED BY THE 3RD RESPONDENT AT
ANNEXURE -A AND ETC.
IN WP NO.17560/2022
BETWEEN
1. GIRISHA
S/O GOPALKRISHNA
AGED 32 YEARS
WORKING AS ASSISTANT ARCHAKA
SRI BANASHANKARI AMMA TEMPLE
SARBANDAPALYA KANAKAPURA ROAD
BANASHANKARI TEMPLE WARD
BENGALURU - 560070
R/AT NO.B4, BANASHANKARI
AMMA TEMPLE QUARTERS
S KARIYAPPA ROAD,
BENGALURU - 560 070.
2. S. SHABARISH
S/O R SURYAPRAKASH
AGED ABOUT 29 YEARS
WORKING AS ASSISTANT ARCHAKA
SRI. BANASHANKARI AMMA TEMPLE
SARBANDAPALYA KANAKAPURA ROAD
BANASHANKARI TEMPLE WARD
BENGALURU - 560070
R/AT BANASHANKARI AMMA TEMPLE QUARTERS
S KARIYAPPA ROAD, BENGALURU - 560 070.
3. ABHILASH S.,
S/O SATHYANARAYANA SHASTRY
AGED ABOUT 30 YEARS
WORKING AS ASSISTANT ARCHAKA
SRI. BANASHANKARI AMMA TEMPLE
SARBANDAPALYA KANAKAPURA ROAD
BANASHANKARI TEMPLE WARD
BENGALURU - 560 070
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R/AT BANASHANKARI AMMA TEMPLE QUARTERS
S KARIYAPPA ROAD, BENGALURU - 560 070.
..PETITIONERS
(BY SRI.VIGNESHWAR S. SHASTRI, SENIOR COUNSEL FOR
SRI.GURURAJ R., ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
REVENUE DEPARTMENT
(BHOOMI UPOR DISASTER MANAGEMENT MUZRAI AND
STAMPS AND REGISTRATION)
ROOM NO. 603, 6TH FLOOR
GATE-1, M.S. BUILDING
DR. B.R. AMBEDKAR VEEDHI
BENGALURU - 560 001.
2. THE COMMISSIONER
OFFICE OF THE COMMISSIONER
DEPARTMENT OF HINDU RELIGIOUS AND CHARITABLE
ENDOWMENT
MINTO ANJANJEYA BHAVAN
1ST MAIN, AVR ROAD
CHAMARAJPET, BENGALURU - 560 018.
3. THE EXECUTIVE OFFICER
SRI BANASHANKARI AMMA TEMPLE
SARBANDAPALYA KANAKAPURA ROAD
BANASHANKARI TEMPLE WARD
BENGALURU - 560 070.
...RESPONDENTS
(By SRI. SPOORTHY HEGDE, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
PROCEEDINGS PURSUANT TO SHOW CAUSE NOTICE DATED
25.08.2022 ISSUED BY R2 BEARING NUMBER SIBBANDI
3/CR/27/2020-21 AS PER ANNEXURE-Z, Z1 AND Z2 RESPECTIVELY
AS ILLEGAL, WITHOUT JURISDICTION AND DEHORS THE
PROVISIONS OF THE ACT AND RULES THERE UNDER.
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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
Issue raised in these two writ petitions pertains to appointment of Assistant non-Hereditary Archakas and non-hereditary temple servants to the Banashankari Temple.
2. W.P.48717/2019 is by the petitioner who is an unsuccessful candidate raising his grievance with regard to the process of interview conducted by the Committee constituted for the purpose of appointing the Archakas.
3. W.P.No.17560/2022 is filed by the selected candidates aggrieved by the show cause notice dated 25.08.2022 issued by the respondent No.2. In the show cause notice, amongst others, a specific ground is raised as to non adherence to the roster/reservation policy as mandated under Rule 12 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 2002. -6-
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4. Learned counsel appearing for the petitioner in W.P.No.48717/2019 contends that the select committee has acted in arbitrary manner in awarding the marks to the candidates without following any established procedure or maintaining the transparency. Referring to Annexures- R-4 to 9 produced by the respondent-State it is submitted by learned counsel for the petitioner that the said documents reflect names of seven candidates shown at Sl.No.1 to 7 and there are five columns provided under the heading marks obtained (¥ÀqÉzÀ CAPÀUÀ¼ÀÄ) and a column for total marks (MlÄÖ CAPÀUÀ¼ÀÄ). Referring to the same it is further contended that there is complete uncertainty as to the basis on which marks have been allotted under these five columns. That there is no clarity as to what exactly these five columns would represent. Hence, seeks for allowing of the petition.
5. In response learned counsel appearing for the temple-committee submits that there has been no specific provision or procedure for the purpose of conducting the -7- NC: 2024:KHC:31530 WP No. 48717 of 2019 C/W WP No. 17560 of 2022 interview or allotting the marks. The committee members consisted of religious pandits. Questionnaires were handed over to the said members who had individually interviewed seven candidates. The marks allotted by each of the members to each of the candidates have been entered into in each of Annexures R-4 to R-9. Hence, submits that there is no illegality or arbitrariness in the process of interview. Hence, seeks for dismissal of W.P.No.48717/2019.
6. Sri.Vigneshwar S. Shastri, learned Senior counsel appearing on behalf of the petitioners in W.P.No.17560/2022 and for respondents No.4 to 6 in W.P.No.48717/2019 apart from supplementing the submissions made by learned counsel appearing for temple-committee would also submit that the notification calling upon for the applications, process of selection and approval of selection was accorded by the Commissioner, Endowment Department, Bengaluru. He refers to Section 63-B of the Karnataka Hindu Religious Institutions and -8- NC: 2024:KHC:31530 WP No. 48717 of 2019 C/W WP No. 17560 of 2022 Charitable Endowments Act, 2002 to contend that it is only the State Government which has statutory authority and power to review the records of any proceedings, order passed by the Commissioner and Deputy Commissioner for the purpose of satisfying itself as to the correctness, legality or otherwise of the proceedings. Thus, he submits that the Commissioner in the instant case could not have issued the show cause notice to review the proceedings which were approved by himself. Hence, he submits show cause notice is one without authority.
7. Learned HCGP for respondent-State in response submits that show cause notices were issued in view of non-adherence to the reservation policy and roster system as mandated under proviso to Sub-Rule (1) of Rule 12 and since the same is a constitutional mandate, non-adherence to the same would render the whole process illegal. Therefore the show cause notice was issued. He hasten to add that the entire selection process would be reconsidered afresh and appropriate orders would be -9- NC: 2024:KHC:31530 WP No. 48717 of 2019 C/W WP No. 17560 of 2022 passed in accordance with law. Submission taken on record.
8. Relevant at this juncture to refer to Rule 12 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 2002 which is extracted hereunder:
"12. Procedure of appointment of temple servants and Archaks.- (1) After the commencement of the Act, where it is found necessary to fill up any vacancy of non-hereditary Archaka including temple servant], either on permanent basis or in any other manner the Chairman of the Committee of Management or the Executive Officer shall intimate the vacancies in different categories to the respective prescribed authorities and seek its permission for filling up such vacancies in accordance with the and provisions of these rules:
Provided that subject to Section 58, the reservation policy of the Government has to be followed in the recruitment of non-hereditary Archaks and non-hereditary temple servants.
(2) On receipt of the proposal under sub-rule (1), the prescribed authority shall examine the proposal, keeping in view the exigency and the income of the temple and may accord permission.
(3) On receipt of permission from the prescribed authority, the Executive Officer or the Chairman of the committee of management shall publish the vacancies calling for applications within a period specified therein and such publication shall be published on the notice Board of the office of the prescribed authority, Taluk Panchayat, Grama Panchayat and the temple office.
(4) After receipt of the applications, the selection committee consisting of.-
(1) Executive Officer and if there is no Executive Officer in the temple, one of the members of the Committee of management nominated by the Chairman of the Committee of management;
(ii) the Chairman of the Committee of management;
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(iii) a nominee of the Prescribed Authority; and
(iv) an Archaka of a different temple co-opted by the Chairman of the Committee of management with the approval of the prescribed Authority for verification educational qualification and other related issues;
shall hold the interview in the premises of the temple and select the candidates based on the marks secured by the candidates in the qualifying examination and at the interview. (5) After selection of the candidate, the Executive officer or the Chairman of the Committee of management shall send the select list along with the entire records of selection to the Commissioner for approval.
(6) The Commissioner, after examining the records of selection may either give approval or modify or reject the select list for reasons to be recorded therein. The Commissioner may seek the opinion of the respective Agama Pandit in the case of selection of Archakas or indoor temple servants (7) If the Commissioner rejects the select list prepared by the selection committee, the Executive Officer or the Chairman of the Committee of management may notify the vacancies afresh in accordance with the instructions issued by the Commissioner duly following the procedure laid down in these rules. (8) After getting approval from the Commissioner, the appointment order may be issued by the Chairman of the Committee of management specifying such conditions as may be necessary for performance of the duties in the temple according to the usage and customs prevailing and specifying the working hours.
(9) The committee of management may if it considers necessary to do so in view of the nature of responsibilities of a post, require any selected candidate to deposit an amount to be specified in the order as security deposit or to execute a bond in the like sum with one solvent surety.
9. As noted above proviso to Sub-Rule(1) of Rule 12 mandates subject to Section 58 reservation policy of the Government has to be followed in the process of
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10. The show cause notice in question subject matter of writ petition in W.P.No.17560/2022 is issued solely on this ground. Though there is a force in the submission made learned Senior counsel regarding authority of Commissioner to issue the same in the light of Section 63- B, same cannot be accepted in view of the violation/breach of statutory and constitutional mandate of following the reservation policy which has admittedly not been followed in the instant case.
11. In that view of the matter and upon the submission made by learned HCGP that the entire process of appointment of Assistant Non-hereditary Archakas and temple servants would be done afresh in accordance with law, reserving liberty to the petitioners to submit their representation to the State, these writ petitions are disposed of directing the respondent-State to undertake the process of appointing the Assistant Non-hereditary
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12. Needless to state that appointment of the petitioners in W.P.No.17560/2022 made pursuant to the impugned notification shall continue till regular appointments are made following provisions of law as submitted by learned HCGP and as directed in above.
13. Needless to state petitioners in these two petitions are at liberty to participate in the fresh process of recruitment of Assistant non-hereditary Archakas to be made by the State Government as submitted by learned HCGP. The respondent State shall undertake the entire exercise and complete the process within an outer limit of six months from the date of receipt of certified copy of this order.
SD/-
(M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 39