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Karnataka High Court

Mr.Somanath S/O Harichandra Jadhav And ... vs The State Of Karnataka & Ors on 24 August, 2012

Author: H.N.Nagamohan Das

Bench: H.N.Nagamohan Das

                            1




         IN THE HIGH COURT OF KARNATAKA
            CIRCUIT BENCH AT GULBARGA

      DATED THIS THE 24TH DAY OF AUGUST 2012

                        BEFORE

     THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS

           W.P.Nos.84092-095/2012(S-RES)

BETWEEN:

1.    MR.SOMANATH
      S/O HARISCHANDRA JADHAV
      AGED ABOUT 30 YEARS
      R/AT BALOORGI TQ. AFZALPUR
      DIST. GULBARGA-585 301

2.    SANTOSH KUMAR
      S/O VIJAYKUMAR KASAR
      AGED ABOUT 29 YEARS
      R/AT PLOT NO. 92, NEAR ADARSH
      ITI COLLEGE, SWAMI VIVEKANANDA
      NAGAR, ALAND ROAD, GULBARGA-585103

3.    YALLAPPA K. S/O KALLAPPA K.
      AGED ABOUT 30 YEARS
      R/AT HOUSE NO. 1-4-155/56
      JYOTHI COLONY, I.B. ROAD
      RAICHUR - 584101

4.    PRASHANTH KUMAR G.
      S/O GURUSHANTAIAH
      AGED ABOUT 28 YEARS
      GUMALAPURAMATH
      R/AT NEAR GANDHI CHOWK
      SHAHPUAR
      TQ. & DIST. YADGIR-585223
                                           ... PETITIONERS

(BY SRI SUDARSHAN M., ADVOCATE)
                             2




AND:

1.     THE STATE OF KARNATAKA
       DEPARTMENT OF SOCIAL
       WELFARE, M.S.BUILDING
       BANGALORE - 560001
       REPRESENTED BY ITS SECRETARY

2.     THE APPOINTING AUTHORITY
       AND EXECUTIVE DIRECTOR
       KARNATAKA RESIDENTIAL
       EDUCATIONAL INSTITUTIONS
       SOCIETY, NO.179/1, III FLOOR
       ROOPA COMPLEX, I MAIN ROAD
       SHESHADRIPURAM, BANGALORE-560020

3.     THE KARNATAKA UNIVERSITY
       DHARWAD
       REPRESENTED BY ITS REGISTRAR

4.     THE GULBARGA UNIVERSITY
       GULBARGA
       REPRESENTED BY ITS REGISTRAR

5.     THE KANNADA UNIVERSITY
       HAMPI
       VIDHYARANYA-583 276

(RESPONDENT Nos.3 & 5 ARE DELETED
 VIDE COURT ORDER DATED 24.08.2012)
                                        ... RESPONDENTS

(BY SRI MALLIKARJUN SAHUKAR, HCGP FOR R1,
 SMT UMADEVI S. BABSHETTY, ADVOCATE FOR R2,
 SRI VEERESH B. PATIL, ADVOCATE FOR R4,
 R3 & R5 DELETED VIDE C/O DATED 24.08.2012)

     THESE WRIT PETITIONS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE
A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER,
DIRECTING THE RESPONDENTS HEREIN TO, CONSIDER THE
CASE    OF   THE   PETITIONER    AND     ALSO     THEIR
REPRESENTATIONS DATED 06.08.2012, 08.08.2012, 06.08.2012
                               3




AND 08.08.2012 RESPECTIVELY VIDE ANNEXURE-H-1 TO H-4,
REQUESTING THE SECOND RESPONDENT TO CONSIDER THEIR
BACHELORS DEGREE IN FINE ARTS VIDE ANNEXURES - A-1 TO
A-4 AND B-1 TO B-4, AND INCLUDE THEIR NAME WHILE
PREPARING THE FINAL LIST FOR THE SAID POST OF ART AND
CRAFT TEACHER (DRAWING MASTER) AND ETC.

     THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                       ORDER

Sri Mallikarjun Sahukar, learned Government Pleader is directed to take notice for respondent No.1. Smt. Umadevi S. Babshetty, learned standing counsel is directed to take notice for respondent No.2. Sri Veeresh B. Patil, learned standing counsel is directed to take notice for respondent No.4.

2. Learned counsel appearing for the petitioners files a memo seeking deletion of respondent Nos.3 and

5. Memo is hereby allowed. Learned counsel appearing for the petitioners to amend the cause-title.

3. In these writ petitions, petitioners have prayed for writ of mandamus directing the second respondent to consider their representations dated 06.08.2012, 4 08.08.2012, 06.08.2012 and 08.08.2012 as per Annexures-H1 to H4 respectively. In these representations, petitioners requested to consider their Bachelor degree in Fine Arts and to include their names in the final selection list.

4. No prejudice will be caused to the second respondent, if they are directed to consider the representations at Annexures-H1 to H4, in accordance with law and as expeditiously as possible.

Accordingly, writ petitions are hereby disposed of. Three weeks time is granted to file memo of appearance.

Sd/-

JUDGE NB*