Karnataka High Court
Sri Santosh vs The State Of Karnataka on 22 April, 2022
Bench: G.Narendar, M.G.S. Kamal
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22nd DAY OF APRIL, 2022
PRESENT
THE HON'BLE MR.JUSTICE G.NARENDAR
AND
THE HON'BLE MR.JUSTICE M.G.S.KAMAL
WRIT PETITION NO. 13326 OF 2020 (S-KSAT)
C/W
WRIT PETITION NO.13327 OF 2020 (S-KSAT)
WRIT PETITION NO.13328 OF 2020 (S-KSAT)
WRIT PETITION NO.13329 OF 2020 (S-KSAT)
IN W.P.NO. 13326 OF 2020
BETWEEN:
1. SRI. DAYANAND MALAGE
S/O KALLAPPA
AGED ABOUT 34 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
HERINDYAPANAHALLI
KANAKAPURA TALUK
RAMANAGARA DISTRICT-562119
R/A BASAV NAGAR
TEACHERS COLONY
HUKKERI TALUK
BELGAVI DISTRICT-591309.
2. SRI. MALLIKARJUNA PUJERI
S/O BASAPPA
AGED ABOUT 30 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT ADARSHA VIDYALAYA
KODIHALLI, KANAKAPURA TALUK
2
RAMANAGAR DISTRICT-562119
R/A BHAIRAWADAGI POST
BAGEWADI TALUK
VIJAYAPUR DISTRICT-586203.
3. SRI. ANAND SHAKUNTALA HADI MANI
S/O SHAKUNTALA HADI MANI
AGED ABOUT 29 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT ADARSHA VIDYALAYA,
HASANDAHALLI, MALUR TALUK
KOLAR DISTRICT-563139
R/A TUNGAL, TUNGAL POST
JAMKHANDI TALUK
BAGALKOTE DISTRICT-587330.
4. SRI. RANU KAMBLE
S/O BHIMSEN RANU KAMBLE
AGED ABOUT 30 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
BAGEPALLI TALUK
CHIKKBALLAPUR DISTRICT-563139
R/A BASAV NAGAR
ATHANI TALUK
BELGAVI DISTRICT-591316.
5. SRI. SHREESHAIL HARAWAL
S/O NINGANAGOUDA
AGED ABOUT 44 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
RAYALPADU, SRINIVASPUR TALUK
KOLAR DISTRICT-563134
R/A JAGRUTHI COLONY
SINDAGINAKA TALUK
VIJAYPURA DISTRICT-586104.
6. SRI. SHINDE DATTATRAY
S/O GOVIND RAO
AGED ABOUT 37 YEARS
ASSISTANT TEACHER (HINDI)
3
O/O KARNATAKA PUBLIC SCHOOL
KOTAGUDDA, PAVAGADA TALUK
TUMKUR DISTRICT-572101.
R/A EKAMBA TALUK
BIDDAR DISTRICT-585326.
7. SMT. PAVITRA GAONKAR
W/O CHETAN S. NAYAK
AGED ABOUT 32 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
JALIGE, DEVANAHALLI
BANGALORE RURAL DISTRICT-560001
R/A ANKOLA
UTTAR KANNADA DISTRICT-403728.
8. SMT. PUSHPA NAIK
W/O ARUN SHIRAGAMBI
AGED ABOUT 32 YEARS
ASSISTANT TEACHER (HINDI)
O/O ADARSHA VIDYALAYA IDUGUR ROAD
GOWRIBIDANUR
CHIKKABALLAPUR DISTRICT- 561208
R/A SARVAGNA PLOT
NEAR GANESH TEMPLE MASUR
HIREKERUR TALUK
HAVERI DISTRICT- 521210.
....PETITIONERS
(BY SRI. V. LAKSHMINARAYAN SR. ADVOCATE FOR
SMT. ANUSHA L, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF PRIMARY AND
SECONDARY EDUCATION
M.S. BUILDING
BENGALURU-560001.
2. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
4
DPAR, VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI
BANGALORE-560001.
3. THE COMMISSIONER
OF PUBLIC INSTRUCTIONS
N.T. ROAD
BENGALURU-560001.
4. THE APPOINTING AUTHORITY
DIVISIONAL JOINT DIRECTOR
DEPARTMENT OF PUBLIC INSTRUCTIONS
N T ROAD
BENGALURU-560001.
5. THE SELECTION AUTHORITY
AND DIVISIONAL JOINT DIRECTOR
PUBLIC EDUCATION DEPARTMENT
COMMISSIONER OFFICE BENGALURU
DIVISION, DR B R AMBEKDAR VEEDHI
BANGALURU-560001.
6. JOINT DIRECTOR OF PUBLIC EDUCATION
BENGALURU DISTRICT-560001.
7. JOINT DIRECTOR OF PUBLIC EDUCATION
KOLAR DISTRICT-563139.
8. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
BENGALURU NORTH DISTRICT-560001.
9. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
BENGALURU SOUTH-560001.
10 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
BENGALURU RURAL DISTRICT-560066.
11 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
CHITRADURGA DISTRICT-577501.
12 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
DAVANGERE DISTRICT-577001.
5
13 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
KOLAR DISTRICT- 563101.
14 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
SHIVAMOGA DISTRICT-577201.
15 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
TUMKURU DISTRICT-572101.
16 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
CHICKABALLAPURA DISTRICT-574118.
17 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
MADHUGIRI DISTRICT-562101.
18 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
RAMANAGAR DISTRICT-562159.
19 . SMT. MANJU BHARGAVI B K
D/O B.M. KUMAR
AGED ABOUT 27 YEARS
R/A SRI. MANJUNATHA NILAYA
VENKATESHWARA LAYOUT
KUSHAL NAGAR
KODAGU DISTRICT-571234.
20 . SRI SADASHIV S. GADAKARI
AGED ABOUT 45 YEARS
OCC NIL R/O BHIRDI
TAL RAIBAG, DISTRICT
BELAGAVI -591317.
21 . SMT. MUBEENTAJ
D/O SRI. ANWAR PASHA B.P.,
AGED ABOUT 32 YEARS
3RD CROSS, CHAMUNDESHWARI EXTN.,
GANDHINAGARA, TIPTUR
TUMKUR DISTRICT 572201.
22 . SRI. D.P.MURALIDHARA
S/O SRI. PUTTAIAH D.C.,
AGED ABOUT 33 YEARS
R/A DODDATHIMMAIHNAPALYA
6
HIREHALLI POST
TUMKUR DISTRICT-572104.
23 . SRI. R. BHEEMANAIK
S/O RAMAJINAIK
AGED ABOUT 33 YEARS
R/A UPARAHALLI, NAGALAMADIKE
(POST), PAVAGADA TALUK
TUMKURU DISTRICT 561202.
24 . SRI. RAVI LAMANI
S/O RANUKAPPA
AGED ABOUT 36 YEARS
R/A SURANAGI POST
LAKSHMESHWARA HOBLI
SHIRAHATTI TALUK GADAG DISTRICT
AND PRESENTLY, RESIDING AT
3RD CROSS, CHAMUNDESHWARI EXTENSION
GANDHINAGAR, TIPTUR
TUMKUR DISTRICT-572201.
25 . SRI DARSHAN KUMAR K.U.,
AGED ABOUT 30 YEARS
OCC NIL S/O UMAPATHI K B
R/O KANCHIGANAL
TALUK, CHANNAGIRI
DISTRICT DAVANAGERE - 577 213.
26 . SRI. MADHU T.M.
S/O SRI. MAHADEVASHETTY
AGED ABOUT 30 YEARS
R.A NO.158, NEAR MANTI
ARAKERE HOBLI
SRIRANGAPATNA TALUK
THADAGAVADI VILLAGE AND POST,
MANDYA DISTRICT-571415.
27 . SMT. JAMANISHILA RAJASHEKAR
W/O RAJEEV JAMSHETTI
AGED ABOUT 35 YEARS
R/AT NO.265, 5TH B MAIN
REMCO LAYOUT, VIJAYANAGAR II STAGE
HAMPINAGAR, BENGALURU-560104.
7
28 . SMT. S. SATHYAVATHI
W/O SRI. LOKESH
D/O T. SUBRAMANYASETTY
AGED ABOUT 43 YEARS
R/A BUKANAKERE VILLAGE AND POST
K.R.PETE TALUK
MANDYA DISTRICT-571426.
29 . SMT. M.B. LATHAMANI
D/O BASAVA REDDY
AGED ABOUT 33 YEARS
R/A KURUBALANAHUNDI
T.NARASIPURA-571122.
30 . SMT. BENAZEERSHARIFF
D/O GHOUSE SHERIFF
AGED ABOUT 32 YEARS
R/A NO.94, 5TH CROSS
N.S. ROAD, K.R. MOHALLA
MYSURU - 570024.
31 . DAKSHINA BHARAT HINDI
PRACHAR SABHA (KARNATAKA)
REP. BY ITS SECRETARY
DEPUTY COMMISSIONERS OFFICE COMPOUND
DHARWAD-580 001.
32 . MISS.MANJULA S.
AGED ABOUT 37 YEARS
OCC NIL
R/O DOTIHAL
TAL KUSHTAGI
DIST KOPPAL-584 121.
33 . MISS. KAPPAGAL LAXMI
AGED ABOUT 26 YEARS
OCC NIL
R/O KURAGODU, TAL AND DIST
BALLARI-583 120.
34 . SRI. MUTTANNA PUJAR
AGED ABOUT 29 YEARS
OCC NIL
8
R/O VENKATAPUR TAL
KUSTAGEI DIST.KOPPAL-584 121
35 . MISS HASSEENA TAJ
AGED ABOUT 28 YEARS
OCC NIL
R/O KUKANNOR TAL
YELGURGA DIST
KOPPAL-583 236.
36 . SRI AMARESH P.KAMMAR
AGED ABOUT 30 YEARS
OCC NIL
R/O BUDDAGUMPA TALUK AND
DIST KOPPAL-583 228.
37 . SRI M D HANIF
AGED ABOUT 36 YEARS
OCC NIL
R/O GANGAVATHL, TALUK
GANGAVATHI DIST KOPPAL 583227.
38 . SRI LAXMAN H. KALADAG
AGED ABOUT 31 YEARS
OCC NILL
R/O SALAPUR TALUK
RAMADURGA DIST
BELAGAVI- 591123
39 . MISS NAJIYA PARAVEEN
D/O BASHEER AHAMED
AGED ABOUT 29 YEARS
OCC: NIL, R/O TALAGADDE
TALUK SORABA DIST
SHIVAMOGGA -577429.
40 . SRI VIVEKANAND S. NAIK
S/O V. NAIK
AGED ABOUT 33 YEARS
R/O WADERATTI TALUK
GOKAK DIST., BELGAVI -591307
9
41 . SRI SALEEMALEEK B. MUJAWAR
S/O B. MUJAWAR
AGED ABOUT 31 YEARS
OCC: NIL ,R/O NANDAWADAGI TALUK
HUNGUND DIST., BAGALKOT- 587118.
....RESPONDENTS
(BY SMT. SHILPA. S. GOGI, HCGP FOR R1 TO R18;
SRI. VINAYAKA B., ADVOCATE FOR R20, R23 & R25;
SRI. KARAN BORAIAH R., ADVOCATE FOR R19 & R38;
SMT. SUKANYA ACHARYA, ADVOCATE FOR R31;
R21, 22, 24, 28 TO 30, 33, 35, 36, 39 TO 41
SERVED UNREPRESENTED
THIS WRIT PETITION NO.13326/2020 IS FILED UNDER
ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO A) DIRECT THE RESPONDENT STATE OF KARNATAKA TO
IMPLEAD THE WRIT PETITIONERS IN WP NO.12430/2017 VIDE
ANNEX-B AS RESPONDENTS BY RECALLING THE ORDER
DATED:18.07.2019 AND TO REHEAR THE MATTER A FRESH AFTER
IMPLEADING THE PETITONERS AS PER THE DECISION OF THE
HONBLE APEX COURT IN A CASE REPORTED IN AIR 1969 SC 1909
AND 2006 (11) SCC 661, PARA 40 AND 41 AND ETC.,
IN W.P.NO.13327 OF 2020 :
BETWEEN:
1. SRI SANTOSH
S/O NARISING
AGED ABOUT 31 YEARS
ASSISTANT TEACHER
O/O M.P.M. GOVERNMENT HIGH SCHOOL
ADVIMALLANAKERI
HADAGALI TALUK
BELLARY DISTRICT 583219
R/A LAXMINASGAR
BEDKUNDA POST
AURAD TALUK
BIDAR DISTRCT - 585 436.
2. SMT KAVITHA PAWAR
W/O BABU
10
AGED ABOUT 34 YEARS
ASSISTANT TEACHER
O/O GOVERNMENT HIGH SCHOOL
HIREBANNIMATTI
HADAGALI TALUK
BALLARI DISTRICT - 583219
R/A HADAGALI TANDA
NAGALAPUR POST
MASKI TALUK
RAICHUR DISTRICT 584101.
3. SRI DILEEP KUMAR
S/O NAGENDRA
AGED ABOUT 42 YEARS
ASSISTANT TEACHER
O/O GOVERNMENT HIGH SCHOOL
CHIKKAMYAGERI, YALABURGA TALUK
KOPPAL DISTRICT 583231
R/A MODAKATTI TLAUK
BIDAR DISTRICT 585436.
4. SRI SUVARNA
S/O BABUREDDY
AGED ABOUT 47 YEARS
ASSISTANT TEACHER
O/O GOVERNMENT HIGH SCHOOL
N.GANEKAL, DEVADURGA TALUK
RAICHUR DISTRICT 584101
R/A ISLAMPUR POST
BASAVANKALYAN TALUK
BIDAR DISTRICT - 585331.
5. SRI SANJAY PANDU
S/O PANDU
AGED ABOUT 46 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
BOMMAGATTA, SABDURU TALUK
BELLARI DISTRICT -583128
R/A KAMALPUR DEVALUTANDA POST
KAMALAPUR TALUK
KALABURGI DISTRICT 583128.
11
6. SRI UMAKANTH
S/O GANAPATHRAO
AGD AJBOUT 48 YEARS
ASSISTANT TEACHER
O/O GOVERNMENT HIGH SCHOOL
JOLADAPAKA, BHALKI TALUK
BIDAR -585331
R/A KUNEKERE, HEDGAPUR
AURAD TALUK
BIDAR DISTRICT 585331.
7. SRI PRAKASH
S/O BHIMA
AGED ABOUT 36 YEARS
ASSISTANT TEACHER
O/O GOVERNMENT HIGH SCHOOL
BEMALKHED, HUMANNABAD TALUK
BIDAR DISTRICT -585331
R/A ATHANI TLAUK
BELGUAM DISTRICT 591304.
8. SRI NABI
S/O CHANDSAB
AGED BOUT 30 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
MURKI, AURAD TALUK
BIDAR DISTRICT 585331.
R/A MUDHOL POST
AURAD TALUK
BIDAR DISTRICT-585 331.
9. SRI SHIVALEELA
S/O VAJINATH
AGED ABOUT 49 YEARS
ASSISTANT TEACHER
O/O GOVERNMENT ADARSHA VIDAYALAYA
(RMSA) SCHOOL
BHEEMALLI TALUK
KALBURGI DISTRICT - 585101
R/A SHANGOND
MALKAPUR TALUK
BIDAR DISTRICT 585331.
12
10 . SRI PARAMESHAPPA
S/O SHIVAPPA PUJAR
AGED ABOUT 29 YEARS
ASSISTANT TEADCHER
O/O GOVERNMENT HIGH SCHOOL
BIRAL POST, JENNARGI TALUK
KALABURGI DISTRICT - 585101
R/A HUTTI
KOPPAL TALUK
KOPPAL DISTRICT 583226.
11 . SMT REKHA KATRALLI
D/O BASAVARAJ KATRALLI
AGED ABOUT 35 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
(AM) CHAGABAVI
MANVI TALUK
RAICHUR DISTRICT - 584129
R/A RAMANGAR COLONY
YELBURAGA TALUK
KOPPAL DISTRICT - 583236.
12 . SRI VINOD KUMAR
S/O SITARAM
AGED ABOUT 36 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
(AM) KARUR TQ SIRAGUPPA
BALLARI DISTRICT - 583120
R/A GUNDOOR POST
BASAVAKALYAN TALUK
BIDAR DISTRICT 585419.
13 . SRI. BALAJI R.C.
S/O RAVAN
AGED ABOUT 30 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
(AM) U RAJAPUR POST
SANDURU TALUK
BELLARI DISTRICT-583152.
R/A JOGEWADI
13
UJALLAM, BASAVAKALYAN TALUK
BIDAR DISTRICT-585419.
14 . SRI. VITHAL
S/O SHARANAPPA NATEEKAR
AGED ABOUT 33 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
(AM) GALAG
DEVADURGA TALUK
RAICHUR DISTRICT-584116.
R/A SHIRAWAL POST
ALLAGI TALUK
KALBURGI DISTRICT-585301.
15 . SRI. DINESH PANDRE
S/O VITHAL RAO
AGED ABOUT 33 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
(AM) KAMALADINNI
TQ: DEVADURGA.
DIST RAICHUR-584116.
R/A JANATA COLONY
AURAD TALUK
BIDAR DISTRICT-585326.
16 . SRI. LAKHAN T.
S/O TANAJI
AGED ABOUT 30 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
(AM) ALDHAL
SHORPUR TALUK
YADGIR. DISTRICT-585290.
R/A UJALLAM, BASAVAKALYAN TALUK
BIDAR DISTRICT-585419.
17 . SRI. HAFIZPASHA
S/O MAHAMMED YOUSEF
AGED ABOUT 32 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
14
BENDEBEMBALI
TQ SHAHAPUR
DIST YADAGIR
PIN 585355.
18 . SRI. AJMEERPASHA
S/O IBRAHIM
AGED ABOUT 29 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
YALASATTI POST
TQ.DIST YADAGIR
PIN 585315.
19 . SRI SIDDUGOUDA
S/O GURANNAGOUDA
AGED ABOUT 30 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
SHIVAPUR POST
SHAHAPUR TALUK
YADAGIR DISTRICT
PIN 585355.
....PETITIONERS
(BY SRI. V. LAKSHMINARAYAN SR. ADVOCATE FOR
SMT. ANUSHA L., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF PRIMARY AND
SECONDARY EDUCATION
M.S. BUILDING
BENGALURU - 560001.
2. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY
DPAR, VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI
BANGALORE-560001.
15
3. THE COMMISSIONER
OF PUBLIC INSTRUCTIONS
N T ROAD
BENGALURU 560001.
4. THE APPOINTING AUTHORITY
AND DIVISIONAL JOINT DIRECTOR
DEPARTMENT OF PUBLIC INSTRUCTIONS
KALBURGI TALUK DIST
KALBURGI 585101.
5. THE SELECTION AUTHORITY
AND DIVISIONAL JOINT DIRECTOR
PUBLIC EDUCATION, DEPARTMENT
COMMISSIONER OFFICE
KALBURGI DIVISION
KALBURGI - 585101.
6. JOINT DIRECTOR OF PUBLIC EDUCATION
BELGAUM DISTRICT -590001.
7. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
MYSORE DISTRICT 571107.
KALBURGI DISTRICT (VIDE ORDER DATED 24.11.2020)
8. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
MANDYA DISTRICT 571401.
9. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
CHAMRAJ NAGAR DISTRICT -571442.
10 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
CHIKKAMAGALUR DISTRICT - 577101.
11 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
DAKSHINA KANNADA DISTRICT 574213.
12 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
HASSAN DISTRICT 573201.
13 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
KODAGU DISTRICT 571201.
16
14 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
UDUPI DISTRICT 574118.
15 . SRI GAVISIDDAPPA
S/O HIREFAKEERAPPA KUSHTAGI
AGED ABOUT 31 YEARS, OCC: NIL
R/O DANAKANADODDO POST
KUKANAPALLI TALUK AND DIST KOPPAL 583231.
16 . SRI V. VENKATESH
AGED ABOUT 28 YEARS
OCC NIL
R/O GOVINDANADODDI POST
HARUI TALUK NANVI
DIST RAICHUR - 584123.
17 . MISS LAXMAVVA G. SUNKAD
AGED ABOUT 36 YEARS
OCC SERVICE
R/O TARALAKATTI
TAL YELABURA DISTRICT
KOPPAL 589 233.
18 . SRI BASAVARAJAG
AGED ABOUT 41 YEARS
OCC: NIL
R/O KALAGUDI TAL: GANGAVATHI
DIST.KOPPAL-583 227.
19 . SRI SHARANABASAPPA
AGED ABOUT 34 YEARS
OCC: NIL
R/O SAGANUR,TAL AFZALAPUR
DIST KALABURGI -585 301.
20 . MISS RESHMA K.
D/O M.D. HASHAM ALI
AGED ABOUT 28 YEARS
OCC NIL
R/O C/O MOHAMMED NOOR ALI
C.T.I.V.SO-541,TAPMCS
BUILDING SUKALPET,TALUK
17
SINDHANUR
DIST RAICHUR-584 128.
21 . SRI HEMANTHA E.K.
AGED ABOUT 30 YEARS
OCC: NIL
R/O BUDDAGUMPA TAL AND
DIST KOPPAL-583 228.
22 . MISS SUNANDAHIREMATH
AGED ABOUT 36 YEARS
OCC NIL
R/O BASAPATTANA TAL
GANGAVATHI DIST KOPPAL - 583227.
23 . MISS YALLAMRNA CHOUDKER
AGED ABOUT 35 YEARS
OCC:NIL
R/O CHIRACHANAGUDDA POST
JEERAL TALUK, GANGAVATHI DIST
KOPPAL 583227.
24 . SRI MAHESH FAKEERAPPA VANIGAR
AGED ABOUT 27 YEARS
OCC NIL POST: KUKANAPALLI
TALUK AND DISTRIT KOPPAL - 583 231.
25 . SRI. MADHU T.M.
S/O SRI. MAHADEVASHETTY
AGED ABOUT 30 YEARS
R.A NO.158, NEAR MANTI
ARAKERE HOBLI
SRIRANGAPATNA TALUK
THADAGAVADI VILLAGE AND POST
MANDYA DISTRICT -571 415.
26 . SMT. JAMANISHILA RAJASHEKAR
W/O RAJEEV JAMSHETTI
AGED ABOUT 35 YEARS
R/AT NO.265, 5TH B MAIN
REMCO LAYOUT
VIJAYANAGAR II STAGE
18
HAMPINAGAR
BENGALURU-560104.
27 . SMT. S. SATHYAVATHI
W/O SRI.LOKESH
D/O T. SUBRAMANYASETTY
AGED ABOUT 43 YEARS
R/A BUKANAKERE VILLAGE AND POST
K.R. PETE TALUK
MANDYA DISTRICT-571426.
28 . SMT. M.B.LATHAMANI
D/O BASAVA REDDY
AGED ABOUT 33 YEARS
R/A KURUBALANAHUNDI
T.NARASIPURA-571122.
29 . SMT. BENAZEERSHARIFF
D/O GHOUSE SHERIFF
AGED ABOUT 32 YEARS
R/A NO.94, 5TH CROSS
N.S. ROAD, K.R. MOHALLA
MYSORE - 570 024.
30 . DAKSHINA BHARAT HINDI
PRACHAR SABHA (KARNATAKA)
REP. BY ITS SECRETARY
DEPUTY COMMISSIONERS OFFICE COMPOUND
DHARWAD-580 001.
31 . MISS.MANJULA S.
AGED ABOUT 37 YEARS
OCC NIL
R/O DOTIHAL
TAL KUSHTAGI
DIST KOPPAL-584 121.
32 . MISS. KAPPAGAL LAXMI
AGED ABOUT 26 YEARS
OCC NIL,
R/O KURAGODU, TALUK AND DIST
BALLARI-583 120.
19
33 . SRI MUTTANNA PUJAR
AGED ABOUT 29 YEARS
OCC NIL
R/O VENKATAPUR TALUK
KUSTAGEI DIST.KOPPAL-584 121
34 . MISS HASSEENA TAJ
AGED ABOUT 28 YEARS
OCC NIL
R/O KUKANNOR TALUK
YELGURGA DIST.KOPPAL-583 236.
35 . MISS AMAREESH P. KAMMAR
AGED ABOUT 30 YEARS
OCC: NIL
R/O BUDDAGUMPA TALUK
& DIST.KOPPAL-583 228.
36 . SRI M.D. HANIF
AGED ABOUT 36 YEARS
OCC NIL
R/O GANGAVATHI, TALUK
GANGAVATHI DIST KOPPAL 583227.
37 . SRI LAXMAN H. KALADAG
AGED ABOUT 31 YEARS
OCC: NILL
R/O SALAPUR TALUK
RAMADURGA DIST
BELAGAVI 591123.
38 . MISS NAJIYA PARAVEEN
D/O BASHEER AHAMED
AGED ABOUT 29 YEARS
OCC: NIL R/O TALAGADDE
TALUK SORABA DIST
SHIVAMOGGA 577429.
39 . SRI VIVEKANAND S. NAIK
S/O V. NAIK
AGED ABOUT 33 YEARS
20
R/O WADERATTI TALUK
GOKAK DIST BELGAVI - 591307.
40 . SRI SALEEMALEEK B. MUJAWAR
S/O B. MUJAWAR
AGED ABOUT 31 YERAS
OCC NIL
R/O NANDAWDAGI TALUK
HUNGUND DISTRICT BAGALKOT 5871118
....RESPONDENTS
(BY SMT. SHILPA. S. GOGI, HCGP FOR R1 TO R14;
SRI. VINAYAKA B., ADVOCATE FOR R16;
SRI. KARAN BORAIAH R., ADVOCATE FOR R20 & 24;
R15, 21 TO 23, 25, 27 TO 30, 32, 37 TO 40-
SERVED UNREPRESENTED
THIS WRIT PETITION NO.13327 OF 2020 IS FILED UNDER
ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO A) DIRECT THE RESPONDENT STATE OF KARNATAKA TO
IMPLEAD THE WRIT PETITIONERS IN WP NO.12430/2017 VIDE
ANNEX-B AS RESPONDENTS BY RECALLING THE ORDER
DATED:18.07.2019 AND TO REHEAR THE MATTER A FRESH AFTER
IMPLEADING THE PETITONERS AS PER THE DECISION OF THE
HONBLE APEX COURT IN A CASE REPORTED IN AIR 1969 SC 1909
AND 2006 (11) SCC 661, PARA 40 AND 41 AND ETC.,
IN W.P.NO.13328 OF 2020 :
BETWEEN:
1. SRI JITENDRA HALINGALI
S/O SHEKAR
AGED ABOUT 33 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT SRIRAM HIGH SCHOOL
JOIDA TALUK
UTTAR KANNADA DISTRICT-581186
R/A KUDALHI
RAIBAG TALUK
BELGAVI DISTRICT-591311.
21
2. SRI DAYANAND PUJERI
S/O BALASAB
AGED ABOUT 37 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT ADARSHA VIDYALAYA
RMSA LOKAPUR
MUDHOL TALUK
BAGALKOT DISRICT-587207
R/A CHINCHALI POST
RAIBAG TALUK
BELGAVI DISTRICT-591217.
3. SRI SHRIDEVI HATTIKAR
S/O MARUTI
AGED ABOUT 36 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT ADARSHA VIDYALAYA
SADAHANKERI
DHARWAD DISTRICT-580008
R/A BHIM NAGAR ROAD
HUKKERI TALUK
BELGAUM DISTRICT-591225.
4. SRI SANJAYKUMAR VIDHATE
S/O GNANADEV
AGED ABOUT 32 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT ADARSHA VIDYALAYA
HUNASHYAL POST
BAGEWADI TALUK
VIJAYAPURA DISTRICT-586203
R/A BABALESHWAR TALUK
VIJAYPUR DISTRICT-586113.
5. SRI AYUB A. PATEL
S/O ABUBAKKAR
AGED ABOUT 41 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
MURKWAD, HALIYAL TALUK
UTTAR KANNAD DISTRICT-581329
R/A ST GOUDER HOUSE
22
BASAVESHWARA NAGAR
GAJENDRAGAD TALUK
GADAG DISTRICT-582114.
6. SMT SRIMATI SANGEETA SANADI
D/O SRIKANT
AGED ABOUT 30 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT AADARASH VIDYALAY
HUNGUND, HUNGUND TALUK
BAGALKOT DIST-587103.
7. SMT BHAVANA G. NAYAK
D/O GOUREESH
AGED ABOUT 31 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
BADAMI TALUK
BAGALAKOTE DISTRICT-587103.
8. SRI MAHEBOOB MULLA
S/O ABDULSAB
AGED ABOUT 32 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT ADARSHA VIDYALAYA SCHOOL
BILAGI CROSS
R/A HIREOTAGERI
HUNGUND TALUK
BAGALKOT-587154.
9. SMT TARA PARASARAM HOSAMANI
W/O PARASARAM
AGED ABOUT 40 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT ADARSHA VIDYALAYA SCHOOOL
GOKAK, CHIKKODI CROSS
R/A # 339, MATASHREE NILAYA
K K NAGAR, MANAGOLI ROAD
VIJAYAPURA-586109
....PETITIONERS
(BY SRI. V. LAKSHMINARAYAN SR. ADVOCATE FOR
SMT. ANUSHA L., ADVOCATE)
23
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF PRIMARY AND
SECONDARY EDUCATION
M.S. BUILDING
BENGALURU-560001.
2. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY
DPAR, VIDHANA SOUDHA
DR AMBEDKAR VEEDHI
BANGALORE-560 001.
3. THE COMMISIONER
OF PUBLIC INSTRUCTIONS
N.T. ROAD
BENGLAURU-560001.
4. THE APPOINTING AUTHORITY
AND DIVISIONAL JOINT DIRECTOR
DEPARTMENT OF PUBLIC INSTRUCTIONS
BELGAVI TALUK DIST
BELGAVI-590001.
5. THE SELECTION AUTHORITY
AND DIVISIONAL JOINT DIRECTOR
PUBLIC EDUCATION
DEPARTMENT, COMMISSIONER OFFICE
BELGAVI DIVISION BELGAVI-590001.
6. JOINT DIRECTOR OF PUBLIC EDUCATION
BIDAR DISTRICT-583331.
7. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
BELAGAVI DISTRICT-583331.
8. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
DHARWAD DISTRICT-580001.
24
9. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
GADAG DISTRICT-582101.
10 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
BAGALKOT DISTRICT-587101.
11 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
BIJAPUR DISTRICT-586101.
12 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
CHIKKODI DISTRICT-591201.
13 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
HAVERI DISTRICT-581110.
14 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
SIRSI DISTRICT-581401.
15 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
UTTAR KANNADA DISTRICT-403728
16 . SRI MURAGENDRA V. KUNDARAGI
S/O V. KUNDARAGI
AGED ABOUT 31 YEARS
OCC NILL
R/O BAMBALWAD TALUK
CHIKODI DIST BELAGAVI-591201.
17 . MISS SHANTA P. KAINAKATTI
AGED ABOUT 26 YEARS
OCC NIL
R/O NAGARNUR POST BATAKURTI
TALUK RAMADURG DIST
BELAGAVI-591123.
18 . MISS SAVITA DUNDANATTI
AGED ABOUT 26 YEARS
OCC NIL
R/O DUNDANATTI TALUK
GOKAK DIST BELAGAVI-591307.
19 . SRI SALEEM KHAN
S/O IRBAHIM KHAN
25
AGED ABOUT 34 YEARS
OCC NIL
R/O ANAVATTI TALUK
SORAB DISTRICT SHIVAMOGGA-577429.
20 . SRI HUSENBASHA R. PATEL
AGED ABOUT 38 YEARS
OCC NIL DIST VIJAYPUR-586209.
21 . SRI BALACHANDRA NEVAR
AGED ABOUT 33 YEARS
OCC: SERVICE
R/O BUDHIHAL ONI
NEAR PRABHAT TAKIES
GAJENDRAGAD, TALUK RON
DIST GADAG-582209.
22 . SRI MADHU T.M.
S/O SRI MAHADEVASHETTY
AGED ABOUT 30 YEARS
R/A NO. 158, NEAR MANTI
ARAKERE HOBLI, SRIRANGAPATNA
TALUK, THADAGAVADI VILLAGE AND POST
MANDYA DISTRICT-571415.
23 . SMT JAMANISHILA RAJASHEKAR
W/O RAJEEV JAMSHETTI
AGED ABOUT 35 YEARS
R/AT NO.265, 5TH B MAIN
REMCO LAYOUT, VIJAYANAGAR II STAGE
HAMPINAGAR
BENGALURU-560104.
24 . SMT S. SATHYAVATHI
W/O SRI LOKESH
D/O T. SUBRAMANYASETTY
AGED ABOUT 43 YEARS
R/A BUKANAKERE VILLAGE AND POST
K.R. PETE TALUK
MANDYA DISTRICT-571426.
25 . SMT M.B. LATHAMANI
D/O BASAVA REDDY
26
AGED ABOUT 33 YEARS
R/A KURUBALANAHUNDI
T. NARASIPURA-571122.
26 . SMT BENAZEERSHARIFF
D/O GHOUSE SHERIFF
AGED ABOUT 32 YEARS
R/A NO 94, 5TH CROSS
N.S. ROAD, K R MOHALLA
MYSURU 570024.
27 . DAKSHINA BHARAT HINDI
PRACHAR SABHA (KARNATAKA)
REP BY ITS SECRETARY
DEPUTY COMMISSIONERS
OFFICE COMPOUND
DHARWAD-580001.
28 . MISS MANJULA S.
AGED ABOUT 37 YEARS
OCC: NIL
R/O DOTIHAL
TALUK KUSHTAGI
DIST KOPPAL-584 121.
29 . MISS KAPPAGAL LAXMI
AGED ABOUT 26 YEARS
OCC NIL
R/O KURAGODU TALUK AND DIST
BALLARI-583 120.
30 . SRI MUTTANNA PUJAR
AGED ABOUT 29 YEARS
OCC NIL
R/O VENKATAPUR TALUK
KUSTAGEI DIST KOPPAL-584 121.
31 . MISS HASSEENA TAJ
AGED ABOUT 28 YEARS
OCC NIL
R/O KUKANNOR TALUK
YELGURGA DIST KOPPAL-583 236.
27
32 . SRI AMARESH P. KAMMAR
AGED ABOUT 30 YEARS
OCC NIL
R/O BUDDAGUMPA TALUK AND DIST
KOPPAL-583 228.
33 . SRI M.D. HANIF
AGED ABOUT 36 YEARS
OCC NIL
R/O GANGAVATHL TALUK
GANGAVATHI DIST KOPPAL 583227.
34 . SRI LAXMAN H. KALADAG
AGED ABOUT 31 YEARS
OCC NILL
R/O SALAPUR TALUK
RAMADURGA DIST
BELAGAVI -591123.
35 . MISS NAJIYA PARAVEEN
D/O BASHEER AHAMED
AGED ABOUT 29 YEARS
OCC NIL R/O TALAGADDE
TALUK SORABA DIST
SHIVAMOGGA -577429.
36 . SRI VIVEKANAND S. NAIK
S/O V. NAIK
AGED ABOUT 33 YEARS
R/O WADERATTI TALUK
GOKAK DIST BELGAVI- 591307.
37 . SRI SALEEMALEEK B. MUJAWAR
S/O B MUJAWAR
AGED ABOUT 31 YEARS
OCC NIL
R/O NANDAWADAGI TALUK
HUNGUND DIST BAGALKOT -587118
....RESPONDENTS
(BY SMT. SHILPA S. GOGI, HCGP FOR R1 TO R15;
SRI VINAYAKA B., ADVOCATE FOR R16, 19 & 37;
28
R17, 18, 21, 24 TO 27, 29 TO 32, 34 TO 36
SERVED UNREPRESENTED)
THIS WRIT PETITION NO.13328 OF 2020 IS FILED UNDER
ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO A) DIRECT THE RESPONDENT STATE OF KARNATAKA TO
IMPLEAD THE WRIT PETITIONERS IN WP NO.12430/2017 VIDE
ANNEX-B AS RESPONDENTS BY RECALLING THE ORDER
DATED:18.07.2019 AND TO REHEAR THE MATTER A FRESH AFTER
IMPLEADING THE PETITONERS AS PER THE DECISION OF THE
HONBLE APEX COURT IN A CASE REPORTED IN AIR 1969 SC 1909
AND 2006 (11) SCC 661, PARA 40 AND 41 AND ETC.,
IN W.P.NO.13329 OF 2020 :
BETWEEN:
1. SRI. JAGADISH LAMANI
S/O RAMAPPA
AGED ABOUT 33 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
MADDUR TALUK
MANDYA DISTRICT-571 433.
R/A KOLUR POST
MUDDEBIHAL TALUK
BIJAPUR DISTRICT-586 212.
2. SRI. PARASARAM SHANKRAPPA LAMANI
S/O SHANKRAPPA LAMANI
AGED ABOUT 30 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
B. MATAKERE, H.D. KOTE TALUK
MYSORE DISTRICT-571121
R/A SITIMANI LT
RAMPUR POST
BAGALKOT TALUK
BAGALKOT DISTRICT-587101
3. SRI ANIL GAVADE
S/O PARASHURAM
AGED ABOUT 34 YEARS
29
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT ADARSHA VIDYALAYA
YELEKERE, H.P. SCHOOL
PANDAVAPURA TALUK
MANDYA DISTRICT-571 433
R/A BASANAL GADDE
HIREKODI POST
CHIKKODI TALUK
BELGAUM DISTRICT-586 212.
4. SRI NAGARAJ CHANDAPPA VADDAR
S/O CHANDAPPA VADDAR
AGED ABOUT 28 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
RAMPUR HANUR TALUK
CHAMRAJ NAGAR DISTRICT-571444
R/A INCHAGAL
JAMMALLDINNI POST
MUDDEBIHAL TALUK
VIJAYPUR DISTRICT-586212.
5. SRI HARVI BASAVARAJ SANGAPPA
S/O SANGAPPA
AGED ABOUT 31 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT ADARSHA VIDYALAYA
MALLIAHANAPURA TALUK
CHMRAJ NAGAR DISTRICT-571444
R/A BOMMANAGI
CHIKKAMYAGERI POST
BAGALKOT TALUK
BAGALKOT DISTRICT-587207.
6. SRI. SACHINKUMAR NINGASHINI
S/O GANGAPPA
AGED ABOUT 28 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
SHAGYA HANUR TALUK
CHAMRAJA NAGAR DISTRICT-571439
R/A TUNGAL POST
30
JAMAKHANDI TALUK
BAGALKOT DISTRICT-587207.
7. SRI. KRISHNA ITI
S/O YAMANAPPA ITI
AGED ABOUT 30 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
MAGGE, H.D. KOTE TALUK
MYSORE DISTRICT-587120
R/A BAGALKOT TALUK
BAGALKOT DISTRICT-587 207.
8. SRI. VISHWANATH GAYAKAWADA
S/O VITTHAL
AGED ABOUT 35 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL
KUTTA VIRAJPETE TALUK
KODAGU DISTRICT-571 250
R/A LAXMESHWAR TALUK
GADAG DISTRICT-582 116.
9. SRI. AMOGHASIDDA MARUTI WALKAR
S/O MARUTI
AGED ABOUT 29 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT ADARSHA VIDYALAYA
KOLLEGAL TALUK
CHAMRAJA NAGAR DISTRICT-571 439
R/A KALGURKI POST
BAGEWADI TALUK
VIJAYPUR DISTRICT-586121.
10 . SMT MAHESHWARI JANGATE
D/O MAYANNA
AGED ABOUT 31 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL HEDIYALA
NANJANGUD TALUK
MYSORE DISTRICT 571315
R/A CHINCHALI
31
RAIBAG TALUK
BELGAUM DISTRICT - 591 217.
11 . MRS. SHILPA BANDIHAL
W/O B.R. ANJANEYA
AGED ABOUT 33 YEARS
ASSISTANT TEACHER (HINDI)
O/O ADARSHA VIDYALAYA B KALENAHALLI
K.R. NAGAR TALUK
MYSORE DISTRICT
PIN CODE-571602.
12 . SHYAMALA BOLANNAVAR
W/O SHARANAPPA BIDARAGADDI
AGED ABOUT 32 YEARS
ASSISTANT TEACHER (HINDI)
O/O GOVERNMENT HIGH SCHOOL HOSAHALLI
MALAVALLI TALUK
MANDYA DIST
PINCODE 571430
R/O B.A. BOLANNAVAR
HANUMANTH NAGAR
UNKAL HUBLI - 580 031.
....PETITIONERS
(BY SRI. V. LAKSHMINARAYAN SR. ADVOCATE FOR
SMT. ANUSHA L. ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF PRIMARY AND
SECONDARY EDUCATION
M.S. BUILDING
BENGALURU - 560 001.
2. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DPAR, VIDHANA SOUDHA
32
DR. AMBEDKAR VEEDHI
BANGALORE - 560 001.
3. THE COMMISIONER
OF PUBLIC INSTRUCTIONS
N.T. ROAD
BENGLAURU-560 001.
4. THE APPOINTING AUTHORITY
AND DIVISIONAL JOINT DIRECTOR
DEPARTMENT OF PUBLIC INSTRUCTIONS
MYSORE TALUK
MYSORE - 570 001.
5. THE SELECTION AUTHORITY
AND DIVISIONAL JOINT DIRECTOR
PUBLIC EDUCATION DEPARTMENT
COMMISSIONER OFFICE
MYSORE DIVISION
MYSORE-570 001.
6. JOINT DIRECTOR OF PUBLIC EDUCATION
MYSORE DISTRICT-571 107.
7. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
MYSORE DISTRICT-571107.
8. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
MANDYA DISTRICT-571401.
9. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
CHAMRAJ NAGAR DISTRICT-571442.
10 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
CHIKKAMAGALUR DISTRICT-571442.
11 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
DAKSHIN KANNADA DISTRICT-577101.
12 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
HASSAN DISTRICT-573201.
33
13 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
KODAGU DISTRICT-571201.
14 . DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
UDUPI DISTRICT-574118.
15 . SRI T.R. MAHADEVASWAMY
S/O RAMGEGOWDA
AGED ABOUT 32 YEARS
R/A THAMMADAHALLY VILLAGE AND POST
CHAMARAJNAGAR
TALUK AND DIST PIN-571128.
16 . SRI PRASHANTPATIL
AGED ABOUT 33 YEARS
DCC:NIL
R/O KHB COLONY
KUNCHANUR ROAD, JAMAKHANDI
TALUK JAMAKHANDI DIST
BAGALKOT - 587301.
17 . MISS KALPANA HIREMATH
AGED ABOUT 29 YEARS
OCC: NIL
R/O 412, 6TH CORSS
SAMARTHNAGAR
BELAGAVI-590001.
18 . MISS PARVATHI S KAMBLE
AGED ABOUT 32 YEARS
OCC: NIL
R/O PARVATHILILAY
SIDDARAMAESHWAR, 2ND CROSS
JAMAKHANDI DISTRICT
BAGALKOT-587301.
19 . SMT H.C. SHANTHAMMA
D/O CHANNANAIKA
AGED ABOUT 28 YEARS
R/A HEBBALAGUPPE VILLAGE AND POST
H.D. KOTE TALUK
MYSURU DISTRICT-571114.
34
20 . SRI MADHU T.M.
S/O SRI MAHADEVASHETTY
AGED ABOUT 30 YEARS
R.A NO.158, NEAR MANTI
ARAKERE HOBLI
SRIRANGAPATNA TALUK
THADAGAVADI VILLAGE AND POST
MANDYA DISTRICT-571415.
21 . SMT JAMANISHILA RAJASHEKAR
W/O RAJEEVE JAMSHETTI
AGED ABOUT 35 YEARS
R/AT NO.265
5TH B MAIN
REMCO LAYOUT
VIJAYANAGAR II STAGE
HAMPINAGAR
BENGALURU-560 104.
22 . SMT S. SATHYAVATHI
W/O SRI LOKESH
D/O T. SUBRAMANYASETTY
AGED ABOUT 43 YEARS
R/A BUKANAKERE VILLAGE AND POST
K.R. PETE TALUK
MANDYA DISTRICT-571426.
23 . SMT M.B. LATHAMANI
D/O BASAVA REDDY
AGED ABOUT 33 YEARS
R/A KURUBALANAHUNDI
T. NARASIPURA-571122.
24 . SMT BENAZEERSHARIFF
D/O GHOUSE SHERIFF
AGED ABOUT 32 YEARS
R/A NO.94, 5TH CROSS
N.S. ROAD K.R.MOHALLA
MYSURU - 570024.
25 . DAKSHINA BHARAT HINDI
PRACHAR SABHA (KARNATAKA)
REP BY ITS SECRETARY
35
DEPUTY COMMISSIONERS
OFFICE COMPOUND
DHARWAD-580001.
26 . MISS MANJULA S.
AGED ABOUT 37 YEARS
OCC:NIL
R/O DOTIHAL
TAL KUSHTAGI
DIST KOPPAL-584121.
27 . MISS KAPPAGAL LAXMI
AGED ABOUT 26 YEARS
OCC:NIL
R/O KURAGODU
TALUK AND DIST
BALLARI-583120.
28 . SRI MUTTANNA PUJAR
AGED ABOUT 29 YEARS
OCC NIL
R/O VENKATAPUR TALUK
KUSTAGI DIST KOPPAL-584121.
29 . MISS HASSEENA TAJ
AGED ABOUT 28 YEARS
OCC:NIL
R/O KUKANNOR TALUK
YELGURGA DIST., KOPPAL-583 236.
30 . SRI AMARESH P. KAMMAR
AGED ABOUT 30 YEARS
OCC:NIL
R/O BUDDAGUMPA TALUK AND DIST
KOPPAL-583228.
31 . SRI M.D. HANIF
AGED ABOUT 36 YEARS
OCC:NIL
R/O GANGAVATHI TALUK
GANGAVATHI DIST KOPPAL 583227.
36
32 . SRI LAXMAN H. KALADAG
AGED ABOUT 31 YEARS
OCC:NILL
R/O SALAPUR TALUK
RAMADURGA DIST
BELAGAVI-591123.
33 . MISS NAJIYA PARAVEEN
D/O BASHEER AHAMED
AGED ABOUT 29 YEARS
OCC: NIL R/O TALAGADDE
TALUK SORABA DIST
SHIVAMOGGA-577 429.
34 . SRI VIVEKANAND S. NAIK
S/O V. NAIK
AGED ABOUT 33 YEARS
R/O WADERATTI TALUK
GOKAK DIST BELGAVI-591307.
35 . SRI SALEEMALEEK B. MUJAWAR
S/O B. MUJAWAR
AGED ABOUT 31 YEARS
OCC:NIL
R/O NANDAWADAGI TALUK
HUNGUND DIST BAGALKOT-587118
....RESPONDENTS
(BY SMT. SHILPA. S. GOGI, HCGP FOR R1 TO R14;
SRI. VINAYAKA B., ADVOCATE FOR R15, 16 & 24;
SRI. KARAN BORAIAH R., ADVOCATE FOR R17;
R16, 19, 22, 23, 25, 27, 30, 32, 33, 34 & 35
SERVED UNREPRESENTED
THIS WRIT PETITION NO.13329 OF 2020 IS FILED UNDER
ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO A) DIRECT THE RESPONDENT STATE OF KARNATAKA TO
IMPLEAD THE WRIT PETITIONERS IN WP NO.12430/2017 VIDE
ANNEX-B AS RESPONDENTS BY RECALLING THE ORDER
DATED:18.07.2019 AND TO REHEAR THE MATTER A FRESH AFTER
37
IMPLEADING THE PETITONERS AS PER THE DECISION OF THE
HONBLE APEX COURT IN A CASE REPORTED IN AIR 1969 SC 1909
AND 2006 (11) SCC 661, PARA 40 AND 41 AND ETC.,
THESE PETITIONS BEING HEARD AND RESERVED, COMING
ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY,
M.G.S KAMAL J, MADE THE FOLLOWING:
ORDER
These batch of writ petitions are filed by the petitioners aggrieved by:
(a) the order dated 17.12.2016 passed in Application Nos.9762-9794/2016 connected with Application Nos.10045-
55/2016 and 10877/2016 by the Karnataka State Administrative Tribunal, in and by which, while allowing the said applications, the Tribunal has held that the Karnataka Education Services (Department of Public Instruction) (Recruitment) (Amendment) Rules, 2016 published in the notification bearing No.ED 291 LBP 2015 dated 29.09.2016 by the first respondent will have prospective effect on the recruitment of Hindi Language Assistants and it shall have no effect on the recruitment process initiated as per notification issued in the year 2015 and consequently directed the first 38 respondent to continue with the recruitment process as per notification issued in the year 2015 and to proceed with selection of Hindi Language Assistants and to publish the final selection list within three months;
(b) the order dated 18.07.2019 passed by the Coordinate Bench of this Court in W.P.No.12430/2017 (S- KAT) confirming aforesaid order of the Tribunal and further directing first respondent to finalize the selection list within a period of 4 weeks; and
(c) the publication of provisional selection list dated 11.09.2020 and the final selection list dated 13.11.2020 by the Government-respondent pursuant to the aforesaid orders of the tribunal and of this Court.
2. Facts leading upto filing of the present petitions are that:
(a) The Government of Karnataka had framed the amendment Rules called the Karnataka Education Services (Department of Public Instructions) (Recruitment) (Amendment) Rules, 2002 (hereinafter referred to as 39 Amendment Rules, 2002) which were notified by notification bearing No.DPAR 59 SRE 2002 dated 24.06.2003 as per Annexure--J to the writ petition. In terms of the said Amendment Rules, 2002, amongst other, Sl.No.37 of Schedule to the Karnataka Education Department Services (Department of Public Instructions) (Amendment) Rules, 1967, was substituted with requisite qualifications to the posts of Secondary School Assistant (Grade-II) Cadre.
(b) the aforesaid notification dated 24.06.2003 was subject matter of a writ petition in the case of SHIVANANDA B NAGUR AND OTHERS vs. STATE AND OTHERS in WP No.2772/2011 and WP Nos.69822-
69826/2012 (S-KAT) before the Co-ordinate Bench of this Court, which, by its order dated 30.07.2015 quashed the said notification on the premise that the qualification prescribed for the posts referred to therein are not in compliance with the qualifications prescribed by the National Council for Teachers Education Regulations, 2014 (hereinafter referred to as 'NCTE Regulations, 2014').
40
(c) In the meanwhile, the third respondent issued notification bearing No.A1/Prou. Sha. Shi. ne. 01/ 2014-15, dated 23.03.2015 as per Annexure-F calling for online applications for direct recruitment to the cadre of Government Secondary School Assistant Teachers-Grade-II.
(d) That pursuant to the aforesaid recruitment notification as per Annexure-F, petitioners and the private respondents herein had submitted their applications and had appeared in combined competitive examination held between 13.06.2015 and 15.06.2015. Thereafter, lists of eligible candidates in the ratio of 1:2 were published for verification of documents which included the names of the petitioners and the private respondents and their documents were also verified by the concerned authorities.
(e) When things stood thus, in view of the order dated 30.07.2015 passed by this Court in W.P.No.2772/2011 and connected matters, setting aside the Amendment Rules 2002, and there being no Cadre and Recruitment Rules available, the first respondent again framed Amendment Rules called the Karnataka Education Department Services 41 (Department of Public Instructions) (Recruitment) (Amendment) Rules, 2016 (hereinafter referred to as "Amendment Rules, 2016"), prescribing the qualification in terms of the NCTE Regulations, 2014. The said Amendment Rules, 2016 were published by a notification bearing No.ED 291 LBP 2015 dated 29.09.2016 as per Annexure-H to the writ petition. On the same day, the recruitment authorities of different divisions also amended recruitment notification of the year 2015 and issued Corrigendum Notification having similar date 29.09.2016 as per Annexure-H to the writ petition. In terms of the aforesaid notification and the Corrigendum dated 29.09.2016, the entries relating to category of post of "Secondary School Assistant, Grade-II" at Serial No.37 was substituted with the qualifications deleting the names of the Hindi Degree equivalent and the names of the corresponding Institutions which were provided under the Notification dated 23.03.2015 as per Annexure-F.
(f) Rule 2 of Amendment Rules, 2016 provides that the said amendments Rules shall be deemed to have come into force with effect from 23.03.2015.
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(g) As a result of aforesaid Amendment Rules, 2016 and the notification dated 29.09.2016 which deleted the name of Hindi Degree equivalent and the corresponding names of the institutions as provided in the earlier recruitment Notification dated 23.03.2015 (as per Annexure- F), names of the private respondents who had obtained Hindi equivalent degree certificates from the institutions referred to in the said recruitment notifications, were deleted from the select list.
(h) The petitioners herein who were possessing required qualification in B.A and B.Ed., in Hindi as prescribed in the Amendment Rules, 2016 were appointed to the post of Assistant School Teacher-Grade-II pursuant to the Notification dated 23.03.2015 and were issued with appointment orders as per Annexure-G series.
(i) The private respondents, whose names were deleted from the select list as above even while process of recruitment was on in terms of Notification dated 23.03.2015, being aggrieved by the same, approached the 43 Tribunal by filing applications in Application Nos.9762- 9794/2016 connected with Application Nos.10045- 10055/2016 and 10877/2016 contending inter alia:
(i) That the aforesaid rules and notifications were amended pursuant to the decision of this Court in the case of SHIVANANDA B NAGUR AND OTHERS VS. STATE AND OTHERS in WP No.2772/2011 and WP Nos.69822-69826/2012 (S-KAT) disposed of on 30.07.2015 wherein the main issue was with regard to the Diploma/Certificates awarded by the Regional Institute of English, Mysore and not with regard to Hindi language qualifications;
(ii) That since the private respondents herein hold equivalent B.A and B.Ed., degrees as prescribed in the Amendment Rules, 2002 and these equivalent degrees were also upheld by this Court in W.P.No.33398/1997, the private respondents were fully qualified to be appointed as Hindi Language Assistants;
(iii) That even if the Amendment Rules 2002 were set aside in W.P.No.2772/2011 and the connected petitions on 30.07.2015 the recruitment process should have been 44 continued, especially for Hindi Language Assistants as per original Rules of 1967, as the same have not been repealed;
(iv) That since all the private respondents had valid degrees or equivalent degrees as per the notification dated 23.03.2015 issued in pursuance of the Amendment Rules, 2002 and they already having written the combined competitive examination and that their documents having been verified by the concerned authorities, a sudden change in the rules and recruitment notifications was arbitrary and illegal.
and hence, sought for allowing of the applications.
(j) In response thereof, the Government had contended that the Government of Karnataka, by order dated 15.11.2001 had stated that the courses offered by Dakshina Bharatha Hindi Prachara Sabha- DBHPS are not equivalent to the B.Ed., or T.Ch (D.Ed) degrees and that NCTE had passed an order dated 04.04.2002 to the effect that the courses like Shiksha Snatak, Secondary level Teachers Training Programme (B.Ed) and elementary level Teachers Training 45 Programme (TCH) are different and independent of each other and that the question whether Rashtrabhasha Praveen awarded by DBHPS was equivalent to graduation level course in Hindi falls outside the purview of NCTE Act. It was also contended that there were certain irregularities committed by some of the private respondents and that the Government would be initiating necessary criminal action against the concerned private respondents. That since the private respondents were not eligible as per the Amendment Rules, 2016 and the corrigendum notification published on 29.09.2016, the private respondents had no right for selection/appointment and sought for dismissal of the application.
(k) On consideration of the aforesaid rival contentions, the Tribunal allowed the applications filed by the private respondents, holding that the Amendment Rules, 2016 issued by the Respondent No.1 will have prospective effect on the recruitment of Hindi Language Assistants and shall have no effect on the recruitment process initiated as per notification issued in the year 2015. Consequently, 46 quashed the recruitment corrigendum notifications dated 29.09.2016. The Tribunal further held that the Recruitment notification issued in 2015 in all the divisions of State and consequential verification list shall be treated as valid and the recruitment process shall be continued based on those notifications issued pursuant to Amendment Rules, 2002 dated 24.06.2003 and further directed the selection authorities to proceed with selection of Hindi Language Assistants and publish the final selection list within three months thereof.
(l) The Government/Official respondents filed writ Petition No.12430/2017 against the aforesaid order of the Tribunal before this Court. This Court, by its order dated 18.07.2019 declined to interfere with the order of the Tribunal and disposed off the said writ petition directing the Government to finalize the selection list and publish the same within a period of four weeks from the date of the order.
(m) That since there was inaction on the part of Government to give effect to the aforesaid orders, a 47 contempt proceeding was initiated in CCC No.349/2020. Consequent of which, the respondent initiated the steps to terminate/relive the services of the petitioners herein and to appoint the respondents in place of the petitioners. The respondents published provisional selection list for the Secondary School Teachers-Grade -II published on 11.09.2020 in all the divisions and the final list was also published on 30.11.2020 (As per Annexure-D and E).
(n) Consequent to the above, the petitioners were issued with the notices dated 17.11.2020 by the Government-respondents calling upon them to relieve their office and hand over the charge.
(o) It is in the aforesaid background, the petitioners are before this Court seeking various reliefs.
3. Sri.Lakshminarayana, Learned Senior counsel appearing for the petitioners submitted that:
(a) The petitioners are duly qualified and their B.Ed., and degree certificates were issued by the institutions 48 recognized by the NCTE Regulations, 2014 and accordingly, had applied for the post of Assistant School Teacher, Grade-
II pursuant to the Recruitment Notification dated 23.03.2015 and the appointment orders of the petitioners were also issued.
(b) The names of the private respondents were deleted from the provisional list and the final list by virtue of the Amendment Rules, 2016 in as much as their B.Ed qualification degree certificates have not been issued by the institutions recognized by the NCTE Regulations, 2014.
(c) The law laid down by this Court in its decision dated 30.07.2015 rendered in W.P.No.2772/2011 and connected matters would prevail and that the action of the respondents in including the names of the private respondents in the final list after the said order, even though the petitioners are duly selected and appointed, is arbitrary and illegal.
(d) That the petitioners have completed their probationary period and have been duly confirmed as 49 permanent employees. The petitioners are thus protected under article 311 of the Constitution of India.
(e) That the petitioners have neither been arrayed as respondents before the Tribunal in the application filed by the private respondents in Application No.9762/2016 and connected matters nor before this Court in W.P.No.12430/2017 filed by the State Government challenging the orders of the Tribunal. Though, the petitioners have an option to ignore the aforesaid orders of the Tribunal and of this Court for they not having been made parties, they are constrained to approach this Court in view of the action being initiated by the respondents in terminating/relieving the services of the petitioners and appointing the private respondents in their place as per the provisional and final list dated 11.09.2020 and 13.11.2020 (as per Annexures-D and E).
(f) That the Tribunal in its order dated 17.12.2016 passed in Application No.9762/2016 and connected matters has failed take into consideration that even as per Rule 2 of 50 the Amendment Rules, 2016 dated 29.09.2016 as per Annexure-H, the said Rules shall be deemed to have come in to effect on and from 23.03.2015. Therefore, there is no question of the private respondents deriving any benefit of the equivalent qualification prescribed under Notification dated 23.03.2015 as per Annexure-F.
(g) That the aforesaid aspect of the matter has also not been brought to the notice of this Court while disposing of the writ petition filed by the State Government in W.P.No.12430/2017 as could be seen at the paragraph 5 of the said judgment and if Rule 2 of the Amendment Rules dated 29.09.2016 had been brought to the notice of this Court, the out come would have been otherwise. Thus, he submits there is error apparent on the face of the record requiring interference.
(h) The petitioners not being parties are being adversely affected. Therefore, they are entitled to approach the Court seeking the relief as sought for in the present writ 51 petition for review and recall of the order dated 18.07.2019 passed in W.P.No.12430/2017 and CCC No.349/2020.
(i) Learned Senior Counsel has relied upon several judgments of the Apex Court in support of his aforesaid contentions, more particularly;
i) SADANAND HALO ANAND AND OTHERS vs. MUMTAZ ALI SHEIKH AND OTHERS (2008)4 SCC 619, with regard to non-joinder of petitioners as party to the proceedings and denial of an opportunity to them.
ii) K.K.SHARMA vs. HIGH COURT OF DELHI AND OTHERS (2014)16 SCC 96, with regard to the law that if the affected party is not heard, the adverse order is deemed to be in abeyance till the affected party is heard.
iii) STATE OF RAJASTAN vs. UCCHABLAL CHHANWAL (2014)1 SCC 114 with regard to the law that if a person who is likely to suffer from the order of the Court and has not been impleaded as a party has a right to ignore the said order as it has been passed in violation of principles of natural justice and such order if passed is liable to be ignored being not binding on such a party.
iv) MUKUL KUMAR TYAGI vs. STATE OF UTTAR PRADESH AND OTHERS (2020)4 SCC 86 with regard to cause of action for the petitioner having arisen to seek judicial review only when persons who did not fulfill essential qualifications were included in the select list. 52
4. Thus, learned senior counsel for the petitioners submits the petitions be allowed granting the reliefs as sought for in the above writ petitions.
5. Smt.Shilpa S.Gogi, learned HCGP reiterating the contents of Statement of objections filed on behalf of the respondent/State, submitted that:
(a) That during the pendency of the Writ Petition No.12430/2017 (S-KAT) filed by the State challenging the order dated 17.12.2016 passed by the Tribunal, the recruitment process that commenced under the earlier notification was concluded and appointment orders were also issued. That the said appointment orders were however subject to the result of the final decision in the Writ Petition No.12430/2017.
(b) That the petitioners were aware of the pendency of the aforesaid Writ Petition No.12430/2017 and nothing prevented them from getting impleaded in the proceedings. Since their appointment was subject to the result of the said writ petition, the petitioners cannot be claim to be the permanent employees. That the State Government passed the Government Order 53 No.ED 15 LBP 2020 dated 09.09.2020 to publish the revised selection list by removing the ineligible candidates in view of the contempt proceedings initiated in C.C.No.349/2020 which was filed for non-compliance with the direction issued by this Court in W.P.No.12430/2017.
(c) That the revision of selection list by the State Government was on account of the orders passed by the Tribunal and by this Court in which, name of the petitioners was not found as they were less merited than the select candidates. In view of the above circumstances, petitioners were not entitled to continue in service. Hence, sought for dismissal of the appeal.
6. Sri.Vinayaka.B, learned counsel appearing for private Respondents 20, 23 and 25 and Sri.Karan Boraiah, learned counsel for private Respondents 19 and 38 and Smt.Sukanya Acharya, learned counsel for private Respondent No.31 justifying the order passed by the Tribunal and confirmed by this Court as above submitted that the private respondents were duly qualified and were eligible for the posts in terms of the notification dated 23.03.2015. That as rightly held by the Tribunal once the selection process was 54 undertaken in terms of the said notification, the State Government ought not to have changed the Rules by introducing amendments to the Rule and by issuing notification dated 29.09.2016 and corrigendum dated 29.09.2016 adverse to the interest of the private respondents. The order of the Tribunal giving prospective effect to the said notification and the corrigendum cannot be found fault with. Hence, sought for dismissal of the writ petition.
7. Heard learned counsel for the parties. Perused the records.
8. It is not in dispute that the petitioners along with the private respondents applied for the post of "Hindi Language Assistant" pursuant to the recruitment notification dated 23.03.2015 and appeared in the combined competitive examination held between 13.06.2015 and 15.06.2015 and the lists of eligible candidates in the ratio of 1:2 were published for verification of documents which included the names of the petitioner and the private 55 respondents and their documents were duly verified by the concerned authorities.
9. It is also not in dispute that in view of the order dated 30.07.2015 passed by Coordinate bench of this Court in W.P.No.2772/2011 and connected matters, quashing the Recruitment Notification dated 24.06.2003, and there being no Rules available for the purpose of recruitment, the State Government by Amendment Rules, 2016, issued notification dated 29.09.2016 and corrigendum dated 29.09.2016 substituting the qualification for the Secondary School Assistant, Grade-II at serial No.37 of the Schedule. The said qualification prescribed under Amendment Rule, 2016 are in consonance with the NCTE Regulation, 2014 and also in terms of the order dated 30.07.2015 passed by the Co- ordinate Bench of this Court as above.
10. Admittedly, petitioners possess qualification of Degree and B.Ed., as prescribed under the Notifications dated 24.06.2003, 23.03.2015 as well as in terms of the Amendment Rules, 2016.
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11. However, the effect of the aforesaid Amendment Rules, 2016 prescribing the qualification in terms of NCTE Regulation, 2014 resulted in exclusion of names of the private respondents from the select list as they did not possess the qualification prescribed under Amendment Rules, 2016, constraining them to approach the Tribunal. The order of the Tribunal later confirmed by this Court eventually resulting in issuance of the final notification of the select list consisting of names of the private respondents. This process in turn has led to issuance of relieving notices dated 17.11.2020 to the petitioners.
12. Admittedly, petitioners have not been made parties either before the Tribunal or before this Court in the challenge to the Amendment Rules, 2016 and the notification and corrigendum dated 29.09.2016. The Apex Court in the case of SADANAND HALO ANAND AND OTHERS supra, K.K.SHARMA supra and in STATE OF RAJASTAN supra has consistently held that non-joinder of selectees as parties to the proceedings would amount to denial of an opportunity 57 to them and that if the affected party is not heard, the adverse order is deemed to be in abeyance till the affected party is heard and in such an event, the affected party has a right to ignore the said order as it has been passed in violation of principles of natural justice and such order if passed is liable to be ignored being not binding on such a party.
13. Thus, the order passed by the Tribunal and this Court without the petitioners being parties thereof resulting in they being slapped with notices by the State Government/respondent calling upon them to relieve their office and hand over the charge within seven days warrants consideration.
14. Further, the orders passed by the Tribunal and confirmed by this Court holding that the Amendment Rules, 2016 to be having prospective effect, even in the teeth of Rule 2 thereof specifically providing the said Rules deemed to have come into effect on and from 23.03.2015, and in view of the private respondents not satisfying the 58 qualifications prescribed under Amendment Rules, 2016 and notification dated 29.09.2016, would definitely give rise to a cause of action for the petitioners to approach this Court as held by the Apex Court in the case of MUKUL KUMAR TYAGI supra.
15. In view of the undisputed fact that petitioners herein being holders of B.A and B.Ed degrees with Hindi as optional subject and fully qualified even as per the qualification prescribed both under the notification dated 23.03.2015 as well as under the notification dated 29.09.2016 cannot be shown exit doors merely because they had not canvassed their case before the Tribunal as well as before Coordinate Bench of this Court, for no fault of theirs. If the deeming provision of Amendment Rules, 2016 is construed to be effective from 23.03.2015, the private respondents herein would not stand a chance to qualify.
16. Be that as it may, under the aforesaid peculiar facts and circumstances of the case we are of the considered opinion that in the interest of justice these writ petitions be 59 disposed off with a direction to the State Government to proceed with issuance of final select list as directed by the Tribunal and this Court in the aforesaid orders by including the names of petitioners as well as private respondents.
17. Our aforesaid view is also for the reason that the orders dated 17.12.2016 passed by the Tribunal as well as the order dated 18.07.2019 passed by this Court would not bind the petitioners as they were not arrayed as parties. Simultaneously, the benefit of the said orders cannot be denied to the private respondents either. On a query by this Court, learned HCGP submitted that there are totally 125 posts of Hindi Language Assistants. The total number of petitioners and the private respondents in these batch of writ petitions put together is 74. Therefore, there is possibility of the State Government accommodating both the petitioners and the private respondents for the said posts subject to they otherwise satisfying the eligibility criteria prescribed under the Notification dated 23.03.2015. Ends of justice would be met by disposing off these writ petitions in the aforesaid terms.
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18. It is made clear that the benefit of this order shall be available only to the petitioners and the private respondents who are before this Court. And this order shall not be construed as precedent and shall be read in view of the aforesaid reasons and of the peculiar facts and circumstances which were beyond the control of the petitioner and the private respondents as narrated hereinabove.
19. For the aforesaid analysis and the reasons, the following:
ORDER
(a) Writ Petition No.13326/2020 clubbed with W.P.Nos.13327/2020, 13328/2020 and 13329/2020 are disposed off directing the respondent/State Authorities to finalize the selection list with the names of the petitioners and the private respondents being included therein within a period of four weeks from the date of receipt of copy of this order and pass such other order as may be necessary in 61 accordance with law considering the confirmation of the appointments of the petitioners already made.
(b) Consequently, the notices dated 17.11.2020 issued to the petitioners calling upon them to relieve their office and hand over the charge are quashed.
Sd/-
JUDGE Sd/-
JUDGE BNV/RU