Karnataka High Court
Sri. Prasanna Kumar. H. N vs State Of Karnataka on 10 August, 2022
Author: S. Sunil Dutt Yadav
Bench: S. Sunil Dutt Yadav
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
WRIT PETITION No.14495/2022 (S-RES)
BETWEEN:
1. SRI. PRASANNA KUMAR. H. N.
S/O. LATE NAGAPPA. H. S.,
AGED ABOUT 52 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
DR. B.R. AMBEDKAR RESIDENTIAL SCHOOL,
CHIKKAYANNACHATRA HOBLI,
HADINARU GRAMA,
NANJANGUDU TALUK,
MYSURE DISTRICT,
RESIDING AT LIG-14,
2ND STAGE, 3RD CROSS, KHB,
KUVEMPUNAGAR,
MYSURU - 570 023.
2. SRI. GANESH. S
S/O. SIDDACHAR,
AGED ABOUT 48 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
SC/ST TALENTED (GEN) PRATHIBHANIVITA
RESIDENTIAL HIGH SCHOOL,
NANJANGUD TOWN AND TALUK,
MYSURU DISTRICT,
RESIDING AT NO. 321, 2ND STAGE,
4TH MAIN ROAD,
NEAR SRI KRISHNA TEMPLE,
YARAGANAHALLI,
MYSURU - 570 011.
3. SRI. NINGARAJU. G
S/O. GURUSIDDAIAH,
2
AGED ABOUT 52 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL,
T. BETTAHALLI, T. NARASIPURA TALUK,
MYSURU DISTRICT - 571 122,
RESIDING AT NEW STREET,
SATYAGALA VILLAGE,
KOLLEGAL TALUK,
CHAMARAJANAGAR DISTRICT - 571 440.
4. SRI. KALASWAMY. B. L.
S/O. LINGANAIKA,
AGED ABOUT 43 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
DR. B. R. AMBEDKAR GIRLS RESIDENTIAL SCHOOL,
KANDALIKE, HADINARU GRAMA,
NANJANGUDU TALUK,
MYSURE DISTRICT,
RESIDING AT BIDARAHALLI VILLAGE AND POST,
HEGGADADEVANA KOTE TALUK,
MYSURU DISTRICT - 571 116.
5. SRI. HAMID KHAN
S/O. SULTHAN KHAN,
AGED ABOUT 49 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
INDIRAGANDHI RESIDENTIAL SCHOOL,
MUGURU (NERAGYATANAHALLI)-571 124,
T. NARASIPURA TALUK,
MYSURE DISTRICT,
RESIDING AT DADADAHALLI VILLAGE,
AKKIHEBBAL POST,
K.R. PET TALUK,
MANDYA DISTRICT - 571 605.
6. SRI. SATHEESHA. S. J.
S/O. JAVAREGOWDA,
AGED ABOUT 51 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
INDIRAGANDHI RESIDENTIAL SCHOOL
KUPPAHALLI (HAMPAPURA)-571 601,
K.R. NAGARA TALUK,
3
MYSURE DISTRICT,
RESIDING AT HAGALERI STREET,
NARASEGOWDARA SITE,
SALIGRAMA, K.R. NAGARA TALUK,
MYSURU DISTRICT.
7. SRI. BASAVARAJA. D
S/O. DURUGAPPA,
AGED ABOUT 46 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
DR. B. R. AMBEDKAR GIRLS RESIDENTIAL SCHOOL,
NADAKERI, ANAVERI,
BHADRAVATHI TALUK,
SHIMOGA DISTRICT,
RESIDING AT THOGARSI,
SHIKARIPURA TALUK,
SHIMOGA DISTRICT - 577 433.
8. SRI. UMESH. B. L.
S/O. LAKSHMAPPA. B,
AGED ABOUT 50 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
SMT. INDIRAGANDHI RESIDENTIAL SCHOOL,
KUMSI SHIMOGA TALUK - 577 201,
SHIMOGA DISTRICT,
RESIDING AT DAGINAKATTE,
DAGINAKATTE POST,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT - 577 551.
9. SRI. PRAKASH VEERABHADRAPPA ADMANI
S/O. VEERABHADRAPPA ADMANI,
AGED ABOUT 50 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL,
HIRENAGADI, SORABA TALUK,
SHIMOGA DISTRICT - 577 429,
RESIDING AT ADRIHALLI,
BALAMBEEDA PRAT,
HIREKERUR TALUK,
HAVERI DISTRICT-58.
4
10 . SRI. DRUVAKUMAR B. MENASINAKAI
S/O. BASAPPA MAHANTESH,
AGED ABOUT 45 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL,
MULU GUNDA, GADAG TLAUK,
GADAG DISTRICT-582 101.
RESIDING AT SAI BADAVANE,
ATHALAGERI ROAD,
GADAG POST, GADAG TALUK,
GADAG DISTRICT-582 101.
11 . SRI. BYALI ASHOK
S/O. DEVENDRAPPA,
AGED ABOUT 47 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
KITTUR RANI CHENNAMMA RESIDENTIAL SCHOOL,
GAJENDRAGADA,
GAJENDRAGADA TALUK,
GADAG DISTRICT-582 101,
RESIDING AT BYALI, ULLURA POST,
RONA TALUK,
GADAG DISTRICT-582 114.
12 . SRI. RAVI. B. UDDANNAVAR
S/O. BASAVANNAPPA,
AGED ABOUT 49 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL,
ODEYARAMPURA,
LAKSHMISHWARA POST,
LAKSHMISHWARA TALUK,
GADAG DISTRICT-582 116,
RESIDING AT BALEHOSUR,
LAKSHMISHWARA TALUK,
GADAG DISTRICT-582 112.
13 . SRI PRABHAKAR G MADIWALAR
S/O GUDAPPA
AGED ABOUT 43 YEARS
PHYSICAL EDUCATIONAL TEACHER
KITTUR RANI CHENNAMMA RESIDENTIAL SCHOOL
5
H KADADAKATTE, HONNAHALLI TALUK
DAVANGERE DISTRICT-584 115
RESIDING AT MARUTHINAGAR
1ST MAIN ROAD, 4TH CROSS
RANEBENNUR
RANEBENNUR TALUK
HAVERI DISTRICT-581 115
14 . SRI JAGADEESHA L B
S/O BASAVARAJAPPA L
AGED ABOUT 43 YEARS
PHYSICAL EDUCATIONAL TEACHER
KITTUR RANI CHENNAMMA RESIDENTIAL SCHOOL
KAKANUR, CHANNAGIRI TALUK
DAVANAGERE DISTRICT-577 552
RESIDING AT BEHIND DURGAMMA TEMPLE
SANTHEBENNUR
CHANNAGIRI TALUK
DAVANAGERE DISTRICT-577 552
15 . SRI MRUTHYUNJAYYA PANCHAYYA MATHAD
S/O PANCHAIAH
AGED ABOUT 47 YEARS
PHYSICAL EDUCATIONAL TEACHER
KITTUR RANI CHENNAMMA RESIDENTIAL SCHOOL
BYADAGI, BYADAGI TALUK
HAVERI DISTRICT -581 120
RESIDING AT POST HIREANAJI
TALUK BYADAGI
HAVERI DISTRICT-581 120
16 . SRI BASAVARAJ DODDAMANI
S/O DEVAPPA DODDAMANI
AGED ABOUT 45 YEARS
PHYSICAL EDUCATIONAL TEACHER
INDIRAGANDHI RESIDENTIAL SCHOOL
ATTIMATTUR (KADAKOLA)
SAVANUR TALUK
HAVERI DISTRICT-581 120
RESIDING AT BHOGANUR
NAYAKANUR POST
6
TALUK NAVALAGUND
DHARWAD DISTRICT-582 208.
17 . SRI SIDDALINGAPPA M AMARAPPANAVAR
S/O MAHADEVAPPA AMARAPPANAVAR
AGED ABOUT 43 YEARS
PHYSICAL EDUCATIONAL TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL
GIRIYAPURAMATHA, HADAGALI TALUK
BALLARY DISTRICT-583 317
RESIDING AT BHOGANUR
HOLALU POST, CHENNAGIRI TALUK
BALLARY-583 317.
18 . SRI NINGAPPA LAMANI
S/O THIPPANNA LAMANI
AGED ABOUT 45 YEARS
PHYSICAL EDUCATIONAL TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL
GANJIGATTI SHIGGAON TALUK
HAVERI DISTRICT-581 205
RESIDING AT BYRAPURA
TALUK SAVANUR
HAVERI DISTRIT-581 111.
19 . SRI SHRIDHARA SHETTY
S/O HIRIYANNA SHETTY
AGED ABOUT 43 YEARS
PHYSICAL EDUCATIONAL TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL
ARRORU, BRAHMAVAR TALUK
UDUPI DISTRICT-576 213
RESIDING AT SEETHA NILAYA
HOSUR HEBRI
KARKALA TALUK
UDUPI DISTRICT-581 111.
20 . SRI KOTRAPPA
S/O HANUMAPPA
AGED ABOUT 50 YEARS
PHYSICAL EDUCATIONAL TEACHER
7
MORARJI DESAI RESIDENTIAL SCHOOL
BEVUR YELBURGA TALUK
KOPPAL DISTRICT-583 737
RESIDING AT AND POST KATARAKI
KOPPAL TALUK AND DISTRICT-583 231
21 . SRI SHARANAPPA
S/O SIDDAPPA
AGED ABOUT 43 YEARS
PHYSICAL EDUCATIONAL TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL
SIDDAPURA GANGAVATHI TALUK
KOPPAL DISTRICT-583 227
RESIDING AT BEVINALA
GANGAVATHI TALUK
KOPPAL DISTRICT-583 229.
22 . SRI MUKARI KOTRESH
S/O MOOGAPPA MUKARI
AGED ABOUT 50 YEARS
PHYSICAL EDUCATIONAL TEACHER
KUTTUR RANI CHENNAMMA RESIDENTIAL SCHOOL
TAVARAGERA, KUSHTAGI TALUK
KOPPAL DISTRICT-583 279
RESIDING AT BASAVESHWARANAGAR
UJJAINI ROAD, KOTTUR TALUK
VIJAYANAGAR DISTRICT-583 134
23 . SRI ANDAPPA GUDOOR
S/O MASHAPPA GUDUR
AGED ABOUT 50 YEARS
PHYSICAL EDUCATIONAL TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL
NIDISHESHI, KUSHTAGI TALUK
KOPPAL DISTRICT-583 279
RESIDING AT VADDARA GALLI
GAJENDRAGADA AT AND POST
GAJENDRAGADA TALUK
GADAG DISTRICT-582 114
24 . SRI DR. DHANANJAYA
S/O CHIKKAHANUMANTHAPPA
8
AGED ABOUT 51 YEARS
PHYSICAL EDUCATIONAL TEACHER
INDIRAGANDHI RESIDENTIAL SCHOOL
YELKUR, I D HALLI, MADHUGIRI TALUK
TUMKUR DISTRICT-572 124
RESIDING AT YELKUR
I D HALLI HOBLI, MADHUGIRI TALUK
TUMKUR DISTRICT-572 124.
25 . SRI KUMARA P
S/O PAPANNA
AGED ABOUT 50 YEARS
PHYSICAL EDUCATIONAL TEACHER
DR. B R AMBEDKAR RESIDENTIAL SCHOOL
(HKV COLLEGE CAMPUS), MADDUR TOWN
CHIKKARASINAKERE
MANDYA DISTRICT-571 428
RESIDING AT B. YERAHALLI
MANDYA TALUK
MANDYA DISTRICT-547 401.
26 . SRI GIRISH K
S/O KRISHNEGOWDA
AGED ABOUT 45 YEARS
PHYSICAL EDUCATIONAL TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL
KERETHANNUR, PANDAVAPURA TALUK
MANDYA DISTRICT-571 601.
RESIDING AT K HIREMALLI VILLAGE,
OPP MILK DAIRY, PANDAVAPURA TALUK,
MANDYA DISTRICT-571 401.
27 . SRI BAHUGUNA H.,
S/O ARALAIAH N,
AGED ABOUT 43 YEARS,
PHYSICAL EDUCATIONAL TEACHER
EKALAVYA MODEL RESIDENTIAL SCHOOL,
DEVARAKOTTA, BYADARAHALLI POST,
HIRIYUR TLAUK,
CHITRADURGA DISTRICT - 577 598.
RESIDING AT NO.71,
NEAR SHARADA ASHRAMA LIC EXTN.
9
HIRIYUR TOWN,
CHITRADURGA DISTRICT - 57759.
28 . SRI MANJUNATHA H
S/O HANUMANTHAPA R.,
AGED ABOUT 44 YEARS,
PHYSICAL EDUCATIONAL TEACHER
SMT. INDIRAGANDHI RESIDENTIAL SCHOOL,
MADADAKERE, HOSADURGA TALUK,
CHITRADURGA DISTRICT - 576 117,
RESIDING AT DEVANGA KAPPAGERE VILLAGE,
HOSADURGA TALUK,
CHITRADURGA DISTRICT - 577 598.
29 . SRI HANUMANTHAPPA B
S/O RAMAPPA B,
AGED ABOUT 48 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
KITTURRANI CHENNAMMA RESIDENTIAL SCHOOL,
VADDINAKATTE, CHORANUR POST,
SANDUR TALUK,
BELLARY DISTRICT - 583 128.
RESIDING AT BEESANAHALLI,
IMADAPURA POST, KUDLIGI TALUK,
VIJAYANAGAR DISTRICT - 523 818.
30 . SRI K V KOTESHWAR
S/O NARAYANAPPA,
AGED ABOUT 49 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL,
CHORANUR, CHORANUR POST,
SANDUR TALUK,
BELLARY DISTRICT-583 128,
RESIDING AT BATTANAHALLI
KOTTUR TALUK,
VIJAYANAGAR DISTRICT - 523 818
31 . SRI VENKATESH K S
S/O SUBBANNA K S,
AGED ABOUT 49 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
10
MORARJI DESAI RESIDENTIAL SCHOOL,
VALLABAPURA,
HAGARIBOMMANAHALLI TALUK,
VIJAYANAGAR DISTRICT - 583 134.
RESIDING AT BATTANAHALLI VILLAGE,
K.GAJAPURA POST,
KUDLIGI TALUK
VIJAYANAGAR DISTRICT - 583 134.
32 . SRI YAMANURUSWAMI M T
S/O RAMAVVA,
AGED ABOUT 49 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL,
UPANAYAKANAHALLI,
HAGARIBOMMANAHALLI TALUK,
VIJAYANAGAR DISTRICT - 583 212.
RESIDING AT DASAMAPURA
HAGARIBOMMANAHALLI TALUK,
VIJAYANAGAR DISTRICT - 583 212.
33 . SRI MAYAPPA D
S/O DURGAPPA,
AGED ABOUT 52 YEARS,
PHYSICAL EDUCATIONAL TEACHER
DR. B R AMBEDKAR RESIDENTIAL SCHOOL,
KHANAHOSAHALLI, KUDLGI TALUK,
VIJAYANAGAR DISTRICT - 583 134.
RESIDING AT BATTANAHALLI
K.GAJAPURA POST,
KOTTUR TALUK,
VIJAYANAGAR DISTRICT - 583 134.
34 . SRI BARIKI SANGAJJA
S/O BARKI GONIBASAPPA,
AGED ABOUT 48 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL,
MADALAGATTI,
HOOVINA HADAGALI TALUK,
VIJAYANAGAR DISTRICT - 583 134.
RESIDING AT BAGALI POST,
11
HARAPANAHALLI TALUK,
VIJAYANAGAR DISTRICT - 583 134.
35 . SRI SHARANAPPA CHALAWADI
S/O MAHADEVAPPA CHALAWADI,
AGED ABOUT 45 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL,
MUCHKANDI,
BAGALKOT TALUK AND DISTRICT - 587 103.
RESIDING AT TURAMARI VILLAGE,
BUDIHAL POST, ILKAL TALUK,
BAGALKOT DISTRICT - 587 125.
36 . SRI VENKATARAMANAPPA N
S/O NARAYANAPPA,
AGED ABOUT 54 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL,
RENUMAKALAHALLI,
CHIKKABALLAPURA TALUK AND DISTRICT - 562 101.
RESIDING AT GATTIGANAHALLI VILLAGE,
KANGANAHALLI POST,
CHIKKABALLAPURA DISTRICT - 562 101.
37 . SRI MOHAN KUMAR
S/O THIMMAIAH,
AGED ABOUT 48 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL,
MAYAGANAHALLI,
RAMANAGARAM TALUK AND DISTRICT - 562 101,
RESIDING AT K. GOWDAGERE,
KERAGODU HOBLI,
MANDYA TALUK AND DISTRICT - 571 401.
38 . SRI SHIVAKUMAR S C
S/O CHENGAPPA S B,
AGED ABOUT 51 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL,
MALLAPATNA ARAKALGUD TALUK,
12
HASSAN DISTRICT - 573 102,
RESIDING AT SHANTAHALLI VILLAGE AND POST,
SOMWARPET TALUK,
KODAGU DISTRICT - 571 236.
39 . SRI DEVARAJ TUKARAM JADHAV
S/O TUKARAM JADAV,
AGED ABOUT 50 YEARS,
PHYSICAL EDUCATIONAL TEACHER,
MORARJI DESAI RESIDENTIAL SCHOOL,
KALGANUR,
KALBURUGI TALUK AND DISTRICT - 562 101
RESIDING AT NO.27, SARVODAYA NAGAR,
NEAR SHEDJAR HOUSE M, 2ND CROSS
RAJAPURA ROAD,
GULBARGA - 585 105,
GULBARGA DISTRICT.
40 . SRI MALAKAPPA BIRADAR
S/O GURULINGAPPA,
AGED ABOUT 52 YEARS,
PHYSICAL EDUCATIONAL TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL,
REVAGI, CHINCHOLI TALUK,
KALBURGI DISTRICT - 585 307,
RESIDING AT SHIRADONI,
KURIKOTA VILLAGE,
KAMALAPURA TALUK,
KALBURUGI DISTRICT - 585 313.
41 . SRI SHARANABASAVAPPA A PATIL
S/O APPA SAHEB PATIL
AGED ABOUT 50 YEARS
PHYSICAL EDUCATIONAL TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL
REVAGI, CHITTAPUR TALUK
KALBURAGI DISTRICT -585 322
RESIDING AT JALAKI
KANDALAGI POST, ALAND TALUK
KALBURGI DISTRICT - 585 236.
13
42 . SRI MALLANNA B MALIPATIL
S/O BASAVANTAPPA MALIPATIL
AGED ABOUT 45 YEARS,
PHYSICAL EDUCATIONAL TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL
TADKAL ALAND TALUK
KALBURGI DISTRICT - 431 134
RESIDING AT BANABI
KALLAHIPPARAGA POST
CHITTAPURA TALUK
KALBURGI DISTRICT - 585 322.
43 . SRI YALLAPPA BABU
S/O BHEEMARAO
AGED ABOUT 47 YEARS,
PHYSICAL EDUCATIONAL TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL
SIRIVALA, SHAHPUR TALUK
YADGIRI DISTRICT - 585 223
RESIDING AT HASINAPURA CAMP
RANGANAPET POST
SURPUR TALUK
YADGIRI DISTRICT - 585 322.
44 . SRI DIGAMBAR KIVADE
S/O MUDDAPPA KIVADE
AGED ABOUT 51 YEARS,
PHYSICAL EDUCATIONAL TEACHER
KITTUR RANI CHENNAMMA RESIDENTIAL SCHOOL
KATAPUR (K), BASAVANAKALYAN TALUK
BIDAR DISTRICT - 585 327
RESIDING AT AND POST NARAYANAPURA
BASAVAKALYAN TALUK
BIDAR DISTRICT - 585 327
45 . SRI SHASHIDHAR P PATIL
S/O PRABHUSHETTAPPA PATIL
AGED ABOUT 50 YEARS,
PHYSICAL EDUCATIONAL TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL
KHANAPURA (K),
14
BASAVANAKALYAN TALUK
BIDAR DISTRICT- 585 327
RESIDING AT HONNALLI
POST: MURAMBI, TALUK: BHALKI
BIDAR DISTRICT -585 328
46 . SRI VEERABHADRAPPA MANIKAPPA MASHETTE
S/O MANIKAPPA MASHETTE
AGED ABOUT 49 YEARS,
PHYSICAL EDUCATIONAL TEACHER
ATAL BIHARI VAJPAYE RESIDENTIAL SCHOOL
GODAMPALLI,
BIDAR TALUK AND DISTRICT -585 223
RESIDING AT R GOWDAGAON
MORMBIPOST, BHALKI TALUK
BIDAR DISTRICT - 585 328
47 . SRI B C RAMESH
S/O R CHENNAIAH
AGED ABOUT 43 YEARS,
PHYSICAL EDUCATIONAL TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
JODIHOCHALLI, KADUR TALUK
CHIKKAMAGALURU DISTRICT - 577 175
RESIDING AT AMBEDKARNAGAR
KADUR TOWN,
CHIKMAGALUR DISTRICT - 577 548
48 . SRI C S CHELUVARAJU
S/O B SHIVANNA
AGED ABOUT 52 YEARS,
PHYSICAL EDUCATIONAL TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
KUPPALU, KADUR TALUK
CHIKKAMAGALURU DISTRICT - 577 175
RESIDING AT CHATNAHALLI
MADENUR POST, TIPTUR TALUK
TUMKUR DISTRICT - 572 202.
49 . SRI B J HARISH
S/O B JAYAPPA
AGED ABOUT 45 YEARS,
15
PHYSICAL EDUCATIONAL TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
BAVIKERE, TARIKERE TALUK
CHIKKAMAGALURU DISTRICT - 577 175
RESIDING AT BETTADAHALLI POST
TARIKERE TALUK
CHIKAMAGALUR DISTRICT - 577 548
50 . BASAVARAJ
S/O KANAKAPPA
AGED ABOUT 47 YEARS,
PHYSICAL EDUCATIONAL TEACHER
KITTUR CHENNAMMA RESIDENTIAL SCHOOL
ADAVIBHAVI, LINGASUGUR TALUK
RAICHUR DISTRICT -584122
RESIDING AT MUDUGALA
LINGASUGUR TALUK
RAICHUR DISTRICT - 584 125.
51 . SRI KOTRESHA JEENAGARA
S/O ERANNA
AGED ABOUT 50 YEARS
PHYSICAL EDUCATIONAL TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
YARAGERA,
RAICHUR TALUK AND DISTRICT -584133
RESIDING AT UJJAINI ROAD
KOTTUR TALUK
VIJAYANAGAR DISTRICT - 583 134.
52 . SRI MANJUNATH CHOUR
S/O MAHADEVA CHOWRA
AGED ABOUT 46 YEARS,
PHYSICAL EDUCATIONAL TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
HEBBAL,
DHARWAD TALUK AND DISTRICT - 580 001
RESIDING AT MATHRU CHAYA NILAYA
VIDYANAGAR, SINDAGI TALUK
BIJAPUR DISTRICT-586 128
16
53 . SRI LAXMAN GOUDA
S/O TULASA GOWDA
AGED ABOUT 46 YEARS,
PHYSICAL EDUCATIONAL TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
HEGDE, KUMTA TALUK
UTTAR KANNADA DISTRICT - 581 360
RESIDING AT YAGGERE POST
HADIGONA POST, ANKOLA TALUK
UTTAR KANNADA DISTRICT - 581 360
54 . SRI SUBHASHCHANDRA CHAVAN
S/O TUKARAM
AGED ABOUT 38 YEARS
PHYSICAL EDUCATIONAL TEACHER
MURARJI DESAI RESIDENTAL SCHOOL
HORTI, INDI TALUK
BIJAPUR DISTRICT - 586 209
RESIDING AT NEWARAGI
CHADCHAN TALUK
VIJAYAPURA DISTRICT - 586 205
55 . SRI SADASHIVAYYA MATAPATI
S/O ERAIAH MATAPATHI
AGED ABOUT 36 YEARS
PHYSICAL EDUCATIONAL TEACHER
MURARJI DESAI RESIDENTIAL SCHOOL
YADAVADA, GOKAK TALUK
BELGAUM DISTRICT - 591 136
RESIDING AT BEESANAKOPPA
GOKAK TALUK
BELGAUM DISTRICT - 591 310.
... PETITIONERS
(BY SRI CHANDRAKANTH R. GOULY, ADVOCATE FOR
SRI VIDHYANAND ARALI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF SOCIAL WELFARE,
17
VIKASA SOUDHA,
BENGALURU - 560 001.
2. THE KARNATAKA RESIDENTIAL EDUCATIONAL
INSTITUTION SOCIETY
KARNATAKA SAHAKARA MARATA,
MAHAMANDALI BUILDING,
6TH AND 7TH FLOOR, CUNNINGHAM ROAD,
BENGALURU-560 001,
REP. BY THE EXECUTIVE DIRECTOR
REG. CO-OP. SOCIETY UNDER
KARNATAKA SOCIETY REGISTRATION ACT, 1960.
... RESPONDENTS
(BY SMT. M.C. NAGASHREE, AGA FOR R1;
SRI NAGAIAH, ADVOCATE FOR R2)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RELEVANT RECORDS AND QUASH THE IMPUGNED
ORDER/INTIMATION BEARING
NO.KAVASHISASA/ADALITHA/CR/PRAMUBA-18/2020-21 DTD
07.07.2022 AS PER ANNEXURE-K ISSUED BY THE R2 IN SO FAR
AS IT RELATES TO WITHHOLDING OF COUNSELING OF THESE
PETITIONERS FOR THE PURPOSE OF ASSIGNMENT OF POSTING
ON PROMOTION TO THE NEXT HIGHER CADRE OF PRINCIPAL IN
DIFFERENT SCHOOLS AS ARBITRARY, ILLEGAL AND VOID AND
ALSO OFFENDING ARTICLE 14 AND 16 OF THE CONSTITUTION
OF INDIA AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT, MADE THE FOLLOWING:
18
ORDER
Petitioners have challenged the validity of the intimation at Annexure-K issued by respondent No.2 dated 07.07.2022 insofar as it relates to holding of counselling for the purpose of assignment of posting on promotion to the next higher cadre of Principal to the exclusion of the petitioners. Declaration is also sought as regards the validity of the action of respondent No.1 in withholding counselling as per the communication at Annexure-J. Petitioners have sought for direction to the respondents to hold counselling for the petitioners for being assigned with the orders of posting to the post of Principal and to pass suitable orders.
2. Petitioners state that in the communication at Annexure-K, names of petitioners have been excluded in the counselling for the post of Principal.
3. Upon notice, learned Additional Government Advocate submits that separate cadre with promotional avenue is sought to be created for teachers of Physical 19 Education and Music. Reliance is placed on the communication dated 27.07.2022 of the Deputy Secretary, Department of Social Welfare. The said communication reads as follows:
EªÀjAzÀ:
¸ÀPÁðgÀzÀ PÁAiÀÄðzÀ²ð, ¸ÀªÀiÁd PÀ¯Áåt E¯ÁSÉ, ¨ÉAUÀ¼ÀÆgÀÄ.
EªÀjUÉ:
PÁAiÀÄð¤ªÁðºÀPÀ ¤zÉÃðÀ±PÀ g À ÀÄ PÀ£ÁðlPÀ ªÀ¸wÀ ²PÀët ¸ÀA¸ÉÜU¼À À ¸ÀAWÀ, ¨ÉAUÀ¼ÀÆgÀÄ.
ªÀiÁ£ÀågÉÃ, «µÀAiÀÄ: ¥ÁæA±ÀÄ¥Á®gÀ ºÀÄzÉÝUÉ zÉÊ»PÀ ²PÀt ë ²PÀëPg À ÀÄ ºÁUÀÆ ¸ÀAVÃvÀ ²PÀPë g À ÀÄUÀ½UÉ ªÀÄÄA§rÛUÉ ¥ÀjUÀt¸  ÀĪÀ §UÉÎ.
G¯ÉÃè R: KPÀ PÀqv À À ¸ÀASÉå:KREIS/ADMN/PRO/4/2022 ªÉÄîÌAqÀ «µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ, ¥ÁæA±ÀÄ¥Á®gÀ ºÀÄzÉÝUÉ zÉÊ»PÀ ²PÀt ë ²PÀPë g À ÀÄ ºÁUÀÆ ¸ÀAVÃvÀ ²PÀëPg À ÀÄUÀ½UÉ ªÀÄÄA§rÛUÉ ¥ÀjUÀt¸  ÀĪÀ §UÉÎ F PɼU À É ¸ÀÆa¹gÀĪÀAvÉ ¤AiÀĪÀiÁ£ÀĸÁgÀ ¥Àj²Ã°¹, PÀgq À ÀÄ wzÀÄÝ¥r À ªÀÈAzÀ ªÀÄvÀÄÛ £ÉêÀÄPÁw ¤AiÀĪÀÄUÀ¼À£ÀÄß F PɼPÀ A À qÀ CA±ÀU¼ À ÉÆA¢UÉ ¥Àj²Ã°¹ ¸ÀàµÀÖ C©ü¥ÁæAiÀÄzÉÆA¢UÉ ¸À°¸ è ÀĪÀAvÉ w½¸À®Ä ¤zÉÃð²¸À®ànz Ö ÉÝãÉ.
A Music teacher will be promoted to the same scale as that of the principal, but he/she can be posted as principal to any of the sports schools as 'Principal-sports school'. The next promotion for them will be 'PET 20 Deputy Director' at the district/regional level. And the next promotion will be 'PET Joint director' at the head office. The same can be for the music teachers too. Thus they will have promotional avenue and at the same time, will not be violating the norms of the education dept.
PET Teacher PET Principal (in select 4 sports schools)/PET coordinator for 2 or 3 schools PET deputy director at district/regional level PET joint director at Head office (ªÀiÁ£Àå E¯ÁSÁ ¸ÀaªÀjAzÀ C£ÀĪÉÆâ¸À®ànÖz)É vÀªÀÄä £ÀA§ÄUÉAiÀÄ, ¸À»/-
¸ÀPÁðgÀzÀ G¥À PÁAiÀÄðzÀ²ð-2, ¸ÀªÀiÁd PÀ¯Áåt E¯ÁSÉ,
4. It must be noted that even as per the communication dated 27.07.2022 produced by the learned Additional Government Advocate, hierarchy insofar as physical education teachers as well as music teachers as is submitted is a matter that would come into force only upon amendment of the Cadre and Recruitment Rules.
5. The only submission of the learned Additional Government Advocate is that a separate hierarchy is sought to be created with promotional avenue and keeping such 21 aspect in mind, the physical education teachers and music teachers have been excluded from the counselling process to the post of Principal for the present.
6. Needless to state that the promotional opportunities and avenues of the petitioners as per their entitlement as per existing rules require to be given effect to till fresh cadre is created in terms of the proposed Cadre and Recruitment Rules. Accordingly, the action of excluding the petitioners from the counselling for the post of principal cannot be sustained.
7. However, in the event the Cadre and Recruitment Rules are sought to be amended with separate hierarchy for music teachers and physical education teachers, necessary provision relating to transitory process, whereby the principals who are currently appointed belonging to sports and music category are to be shifted into new hierarchy, is to be taken note of appropriately. Contentions of the petitioners regarding such new rules are kept open.
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8. It is clarified that in light of the direction that the petitioners' exclusion from the counselling process at Annexure-K is illegal though may not have the effect of setting aside of promotion of the other principals, however, it is made clear that the case of petitioners regarding their promotion upon counselling being processed, the authorities are also to look into the aspect of seniority vis-a-vis the list of those employees who are permitted to participate in the counselling process. This would be so as it is submitted that the petitioners must be treated on parity with those with respect to whom counselling is permitted as per the list annexed with Annexure-K. Respondents to take steps to afford opportunity to the petitioners for counselling forthwith.
Accordingly, petition is disposed off.
Sd/-
JUDGE VP