Karnataka High Court
Bapurao S/O. Gopal Kotankar vs The State Of Karnataka on 29 August, 2012
Author: Ashok B.Hinchigeri
Bench: Ashok B. Hinchigeri
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 29th DAY OF AUGUST, 2012
BEFORE
THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI
WRIT PETITION No.64431-64433 OF 2012 (S-RES)
BETWEEN
1. Bapurao
S/o.Gopal Kotankar,
Age: 29 years,
Occ: Mathematics Teacher,
Shree Kittur Chennamma
Residential School,
Badami,
Dist: Bagalkot.
2. Yamanappa,
S/o.Bhimappa Bhajantri,
Age: 35 years,
Occ: Physical Education Teacher,
Shree Kittur Chennamma
Residential School,
Badami,
Dist: Bagalkot.
3. Rangavva,
W/o.Sangappa Madar,
Age: 26 years,
Occ: Kannada Teacher,
Shree Kittur Chennamma
Residential School,
Badami,
Dist: Bagalkot. ... Petitioners
(By Sri Jagadish Patil, Advocate)
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And:
1. The State of Karnataka,
Represented by its Chief Secretary,
Vidhana Soudha
Bangalore - 560 001.
2. The State of Karnataka,
Represented by its Principal Secretary,
Department of Social Welfare,
M.S.Building,
Bangalore - 560 001.
3. The State of Karnataka,
Represented by its Principal Secretary,
Department of Rural Development
And Panchayath Raj,
M.S.Building,
Bangalore - 56001.
4. The State of Karnataka,
Represented by its Secretary,
Department of Education
(Primary and Secondary Education)
M.S.Building,
Bangalore - 560 001.
5. The Executive Director,
Karnataka Residential Educational
Institutions Society,
An Organization of Social Welfare
Department, No.179, 3rd Floor,
I Main Road, Sheshadripuram,
Bangalore - 560 002. .. Respondents
(By Smt.Megha C.Kolekar, HCGP for R1 to R4, R5, R7 & R8:
R6 deleted vide Court Order, dated 29.08.2012.)
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These writ petitions are filed under Articles 226 & 227 of the
Constitution of India praying to quash the impugned provisional
selection list prepared and published for the post of Principal/Language
Teacher/Subject Teacher/FDA-cum-Computer Teacher/Warden by the
respondents without extending the benefit of weightage of 5% for
each complete years of service rendered by the petitioners in the
respondents institutions in the light of the recommendation made by
the Executive Director of the respondent society, etc.,
These writ petitions, coming on for orders, this day, the Court
made the following:
ORDER
Sri Jagadish Patil, the learned counsel for the petitioners submits that the issues raised in these petitions are no more res- integra. They are covered by this Court's order, dated 13.07.2012 passed in W.P.Nos.20204-20364/2011 and other connected petitions.
2. The learned High Court Government Pleader Smt.Megha C.Kolekar, appearing for the respondent Nos. 1 to 5, 7 and 8 is in no position to dispute the same.
3. Following the said order, these petitions are disposed of as hereunder:
(i) Writ petitions are partly allowed. 4
(ii) The petitioners are not entitled for absorption under the Absorption Regulations, 2011.
(iii) The respondents shall regularise the Principals and Teachers appointed prior to 2004-2005 and continued in service as on the date of Absorption Regulations, 2011 came into force subject to fulfilling the other conditions.
(iv) It is declared that all the Principals and Teachers including the petitioners herein appointed on or after 2004-2005 are entitled for the benefit of service weightage as specified in Recruitment Regulations, 2011.
(v) The respondents to complete the selection process pursuant to the Recruitment Notification, dated 27.4.2011 by granting the benefit of service weightage to the petitioners and all other similarly situated Principals and Teachers.
(vi) Since respondents have already processed the applications and issued final selection list and additional selection list, they have to redo the 5 process of selection by extending the benefit of service weightage to the petitioners and similarly situated candidates.
(vii) Till the completion of selection process as stated above, the present placement of petitioners and others who are continuing in service shall not be disturbed.
4. These petitions are accordingly allowed. No order as to costs.
Sd/-
JUDGE Cm/-