Sri Sheshappareddy L R vs The Secretary on 17 October, 2012

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Karnataka High Court

Sri Sheshappareddy L R vs The Secretary on 17 October, 2012

Bench: Subhash B.Adi

                               1


      IN THE HIGH COURT OF KARNATAKA AT BANGALORE

         DATED THIS THE 17TH DAY OF OCTOBER 2012

                          BEFORE

          THE HON'BLE MR. JUSTICE SUBHASH B.ADI

           WRIT PETITION NO.48851 OF 2011 (S-RES)

BETWEEN

SRI.SHESHAPPAREDDY L.R.
S/O RANGAPPAREDDY M
AGE ABOUT 32 YEARS
SHESHA NILAYA
MUNICIPAL COLONY
KELGOTE, CHITRADURGA
                                        ...PETITIONER

(SRI.JAGADISH SHASTRI, ADV.)

AND

1. THE SECRETARY
   SOCIAL WELFARE DEPARTMENT
   VIKAS SOUDHA, BANGALORE - 1

2. SELECTION COMMITTEE MEMBER
   AND SECRETARY TO
   KARNATAKA RESIDENTIAL
   EDUCATIONAL INSTITUTIONS SOCIETY
   NO.179, 3RD FLOOR, SHESHADRIPURAM
   1ST MAIN ROAD, BANGALORE.
                                       ...RESPONDENTS

(SRI.RAGHAVENDRA G GAYATHRI HCGP FOR R1
 SRI.M.N.MADHUSUDHAN ADV. FOR R2)
                                        2

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA WITH A PRAYER
TO CALL FOR THE RECORDS PURSUANCE TO THE
NOTIFICATION    DATED     27.4.11  VIDE   ANNX-A    AND
NOTIFICATION    DATED     15.11.11 VIDE   ANNX-B    AND
NOTIFICATION    DATED     30.11.11 VIDE   ANNX-C    AND
PROVISIONAL SELECTION LIST VIDE ANNX-D.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:

                                 ORDER

The petitioner has called in question Annexure-A, a notification calling for applications from the candidates for direct recruitment to the posts of teaching and non- teaching staff in Morarji Desai/Kitturu Rani Chennamma Residential School. He has also called in question Annexures-B, C, D & E. Annexures- B & C stated to be the notifications increasing the number of posts advertised at Annexure-A.

2. The grievance of the petitioner is that initially only applications for 4071 posts were invited for teaching and non-teaching staffs as per Annexure-A. However, by Annexures - B & C the number of posts have been 3 increased by 251, 228 and 775 in respect of teaching and non-teaching staffs. As such the learned counsel appearing for the petitioner contends that increasing the number of posts after advertisement is illegal. He relied on the judgment of the Apex Court in the case of State of Orissa & Others vs. Rajkishore Nanda & Others reported in 2010 (6) SCC 777 inter alia contending that filling up the vacancies over and above the notified vacancies is neither permissible nor desirable, as it amounts to improper exercise of power and only in a rare and exceptional circumstance and emergent situation, such rule can be deviated.

3. It is also not in dispute that the petitioner is not an applicant even as against Annexure-A, which was published calling for applications for direct recruitment for the posts of teaching and non-teaching staffs.

4. The learned counsel appearing for the contesting respondent submitted that in respect of the post of 4 Principal, Assistant and Teachers the selection process is completed and in respect of the post of drawing teacher the provisional list has been published. He further submits that the selection process has almost been completed, further there is also no interim order in this writ petiton. The selection process has almost been completed At this juncture if any order is passed it will effect the selection process. However, liberty is given to the petitioner to challenge the final selection, if he is so aggrieved.

Petition stands disposed of accordingly.

Sd/-

JUDGE SS/-

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