Karnataka High Court
Appanna Talawar S/O Kalmesh Talawar vs The State Of Karnataka on 6 July, 2022
Author: R.Devdas
Bench: R.Devdas
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WP No. 100505 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 06TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE R.DEVDAS
WRIT PETITION NO. 100505 OF 2022 (GM-RES)
BETWEEN:
1. APPANNA TALAWAR S/O KALMESH TALAWAR
AGED ABOUT 44 YEARS,
OCC. PRIVATE SCHOOL TEACHER,
R/O. HOUSE NO.92/13,
GOKAK FALLS, TQ. GOKAK,
DIST. BELAGAVI-591308
2. B. VENKATESHA S/O MALLAPPPA,
AGED ABOUT: 39 YEARS, OCC: PRIVATE SCHOOL
TEACHER, R/O . BYILUR, TQ: KURAGODA, DIST: BALLARI-
583101
3. POPATLAL KAMBLE, S/O ESHWAR KAMBLE,
AGED ABOUT: 45 YEARS, OCC: PRIVATE SCHOOL
TEACHER, R/O . PADALIHALA, TQ: NIPPANI,
DIST: BELAGAVI, - 591308.
4. SAMBHAJI VADDER, S/O ADYAVEPPA VADDER,
AGED ABOUT: 44 YEARS, OCC: PRIVATE SCHOOL
Digitally
signed by TEACHER, R/O . CHIKKALAVA, TQ: CHIKKODI, DIST:
VINAYAKA
BV
VINAYAKA Location:
BELAGAVI, - 591308
BV Dharwad
Date:
2022.07.13
10:21:32
+0530
5. SUNEEL SANE,S/O YALLAPPA SANE,
AGED ABOUT: 45 YEARS, OCC: PRIVATE SCHOOL
TEACHER, R/O . RAYABAG , TQ: RAYABAG, DIST:
BELAGAVI, - 591308
6. DEEPAK SANE S/O ASHOK SANE,
AGED ABOUT: 37 YEARS, OCC: PRIVATE SCHOOL
TEACHER, R/O . RAYABAG , TQ: RAYABAG, DIST:
BELAGAVI, - 591308.
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WP No. 100505 of 2022
7. SADASHIV KAMBLE, S/O YALLAPPA KAMBLE,
AGED ABOUT: 43 YEARS, OCC: PRIVATE SCHOOL
TEACHER, R/O . SAVADATTI , TQ: RAYABAG, DIST:
BELAGAVI, - 591308.
8. SAVITA W/O APPANNA TALAWAR,
AGED ABOUT: 40 YEARS, OCC: PRIVATE SCHOOL
TEACHER, R/O. HOUSE NO. 92/13, GOKAKA PALS,
TQ: GOKAK, DIST: BELAGAVI, - 591308
9. HAVINAL KALAMMA, W/O. B. VENKATESHA ,
AGED ABOUT: 32 YEARS, OCC: PRIVATE SCHOOL
TEACHER, R/O . BYILUR, TQ: KURAGODA, DIST:
BALLARI- 583101
10. H. MOUNESHA .S/O H. HONNURAPPA ,
AGED ABOUT: 32 YEARS, OCC: PRIVATE SCHOOL
TEACHER, R/O. DHARURA , TQ: SIRUGUPPA,
DIST: BALLARI- 583101.
11. B. RAMESH S/O DHARMANNA B.,
AGED ABOUT: 32 YEARS, OCC: PRIVATE SCHOOL
TEACHER, R/O. SIRIGERI, TQ: SIRUGUPPA,
DIST: BALLARI- 583101.
12. V. REKHA D/O MANGESHWARI, AGED ABOUT: 32 YEARS,
OCC: PRIVATE SCHOOL TEACHER, R/O SINGDEVANHALLI
TQ: KURAGODA, DIST: BALLARI- 583101.
13. P.T. VEERAMALLAPPA S/O . THIMMAPPA .P.T,
AGED ABOUT: 34 YEARS, OCC: PRIVATE SCHOOL
TEACHER, R/O . BYILUR, TQ: KURAGODA, DIST:
BALLARI- 583101
14. KAMBAIAHNAVARA THIPPANNA,
S/O DODDAHANUMANTHAPPA,
AGED ABOUT: 34 YEARS, OCC: PRIVATE SCHOOL
TEACHER, R/O . SINDEGERI , TQ: KURAGODA,
DIST: BALLARI- 583101
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WP No. 100505 of 2022
15. KURIGANURU GOVARDHANA, S/O HANUMANTAPPA,
AGED ABOUT: 32 YEARS, OCC: PRIVATE SCHOOL
TEACHER, R/O SINDEGERI , TQ: KURAGODA, DIST:
BALLARI- 583101.
16. S. HONNURAPPA S/O LATE ERANNA,
AGED ABOUT: 35 YEARS, OCC: PRIVATE SCHOOL
TEACHER, R/O. DHARURA , TQ: SIRUGUPPA,
DIST: BALLARI- 583101.
...PETITIONERS
(BY SRI. AMAREGOUDA M.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
UNDER GENERAL SECRETARIES
BACKWARD CLASSES WELFARE,
DEPARTMENT, VIDANSOUDHA,
BENGALURU-560001
2. SOCIAL WELFARE DEPORTMENT.
VIDANSOUDHA, BENGALURU- 560001
3. SCHEDULED TRIBES WELFARE
DEPARTMENT, VIDANSOUDHA,
BENGALURU-560001
4. BACKWARD CLASSES WELFARE,
DEPARTMENT, VIDANSOUDHA,
BENGALURU- 560001
...RESPONDENTS
(BY SRI.PRAVEEN K.UPPAR, HCGP FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT
NO.1 TO 4 TO CONSIDER THE NOTICE/REPRESENTATION AS
ANNEXURE-H, H1 AND H2 DATED 4/10/2021 TO THE WRIT
PETITION AND ETC.
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WP No. 100505 of 2022
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY THE COURT MADE THE FOLLOWING.
ORDER
This writ petition is filed by 16 persons with a common prayer, i.e., is to issue a writ of mandamus directing the respondent - State Government to consider their representations dated 4.10.2021 and to direct the respondents to fill up of the backlog vacancies in favour of the candidates belonging to the scheduled castes, scheduled tribes and backward classes.
2. During the course of these proceedings, this Court noticed that the Cabinet Sub-committee had already issued certain directions following its meeting dated 29.01.2022 for filling up the backlog vacancies. When it was noticed that the Finance Department had placed certain restrictions in the matter of filling up of the backlog vacancies, the Cabinet Sub-committee had also directed the Finance Department to withdraw the sanctions against filling up of backlog vacancies. Therefore, this Court had -5- WP No. 100505 of 2022 called upon the Additional Chief Secretary, Finance Department to file an affidavit as to the action taken consequent to the directions issued to the Cabinet Sub- committee. Accordingly, the Chief Secretary to Government, Department of Finance, Sri I.S.N.Prasad has filed an affidavit dated 4.07.2022 stating that there are 9 files received in the Finance Department seeking to fill up 594 backlog posts and the Finance Department has concurred in all the cases. It is stated in the affidavit that all recruitments (including backlog vacancies) were stoped due to the financial crisis on account of Covid-19 pandemic in the year 2020 and further the deteriorating fiscal position of the State due to multiple factors like ending of GST compensation, increasing debt service liability etc. However in respect of filling up of backlog vacancies, it is stated that the Finance Department is approving the same as per the directions of the Cabinet Sub-committee. It is also stated that in the matter of filling up the backlog vacancies in Aided Educational Institutions, the Finance -6- WP No. 100505 of 2022 Department had recommended that such posts shall be filled if the criteria including sufficient enrolment of students and workload, satisfactory results and valid recognition/affiliation from the competent authorities are fulfilled.
3. In view of the affidavit filed at the hands of the Additional Chief Secretary, Finance Department and affidavit filed earlier by the Secretary to Government, Social Welfare Department on 25.06.2022, this Court is of the considered opinion that the respondent-State Government has responded positively to the grievance of the petitioner.
4. Consequently, the writ petition stands disposed of while directing the State Government and more particularly the department of Social Welfare to ensure that the backlog vacancies pertaining to schedule castes, scheduled tribes and backlog communities shall be -7- WP No. 100505 of 2022 filled up as expeditiously as possible, having regard to the clearance given by the Finance Department.
Ordered accordingly.
SD JUDGE KLY