Pushpa S R vs State Of Karnataka on 21 November, 2012

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Karnataka High Court

Pushpa S R vs State Of Karnataka on 21 November, 2012

Bench: Subhash B.Adi

                               1




 IN THE HIGH COURT OF KARNATAKA, BANGALORE

     DATED THIS THE 21ST DAY OF NOVEMBER 2012

                           BEFORE

      THE HON'BLE MR. JUSTICE SUBHASH B.ADI

        WRIT PETITION NO.15000 OF 2012 (S-RES)

BETWEEN :

Pushpa S.R
D/o. Rangashetty,
Aged about 28 years,
Kannada Teacher,
Murarji Desai Residential School,
Jodilingadahalli,
Kadur Taluk,
Chickmagalur District.                  ... PETITIONER

(By Sri. Krishna. B.J., Adv. for
    Sri. P. Mahesh, Adv.)

AND :

1.      State of Karnataka
        Represented by Secretary,
        Social Welfare Department,
        Vikas Soudha,
        Dr. Ambedkar Road,
        Bangalore - 560 001.

2.      State of Karnataka
        Represented by its Secretary,
        Primary and Secretary
        Education Department,
        M.S.Building,
        Dr. Ambedkar Road,
        Bangalore - 560 001.
                                2


3.   The Secretary
     Karnataka Residential Education
     Institutions Society,
     (An organization of Social
     Welfare Department),
     No.179, I & III Floor,
     Roopa Complex, I Main Road,
     Seshadripuram,
     Bangalore - 560 020.

4.   District Social Welfare
     Officer and BCM Dept.
     Chickmagalur District,
     Chickmagalur.

5.   The Deputy Commissioner
     Chickmagalur District,
     Chickmagalur.

6.   The Chief Executive Officer
     Zilla Panchayat,
     Chickmagalur District,
     Chickmagalur.

7.   State of Karnata
     Represented by the Principal Secretary to
     Rural Development and
     Panchayatraj Department,
     M.S.Building,
     Dr. Ambedkar Road,
     Bangalore - 560 001.

8.   M/s. BKR Swamy Security Agencies
     Harihar,
     Branch Office,
     Deepa School,
     Chittawadgi, Hospet,
     Bellar District - 583 201.
     By its Manager.                  ... RESPONDENTS

(By Smt. Manjula Kammadolli, HCGP for R1, R2, R4 & R5)
                                  3


       This writ petition is filed under Articles 226 and
227 of the Constitution of India praying to quash the
notification bearing No.SWD 70 MDS 2010, Bangalore
dated 21.01.2011.

       This petition coming on for Preliminary Hearing in
'B' group this day, the Court made the following

                            ORDER

Petitioner has called in question the notification produced at Annexure-G1 dated 30.11.2011 issued by the 3rd respondent.

2. This Court in W.P.Nos.20204-364/2011 dated 13.07.2012 considered the validity of the Karnataka Residential Education Society (Cadre and Recruitment) Regulations, 2011 and it had only directed insofar as teaching staff is concerned, if they have already made applications, their applications be considered by giving benefit of service weightage. Similar petitions were also disposed of giving similar direction to the respondents to give weightage for the service rendered by the similarly placed employees in the Morarji Desai Residential School. 4

3. However, it is now submitted that the selection process is complete and the candidates have been selected. As such the grievance of the petitioner no more survives as Regulations are upheld. Further, in pursuance of the notification dated 27.04.2011, selection process has been completed. If the petitioner is aggrieved by the selection of any candidate to the post, contrary to the rule or law, it is open to her to challenge the same.

Accordingly, the petition is dismissed.

SD/-

JUDGE VP

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