Karnataka High Court
Smt Madhumati vs The State Of Karnataka on 13 August, 2013
Bench: Chief Justice, B.V.Nagarathna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 13TH DAY OF AUGUST 2013
PRESENT
THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
WRIT APPEAL NOS. 1111-1114/2013 C/W
WRIT APPEAL NOS. 1115-1126/2013 (S-RES)
W.A.NOS.1111-1114/2013
BETWEEN
1. SMT MADHUMATI
D/O BASAVARAJ CHALLKAPURE
AGED ABOUT 31 YEARS
OCC:TEACHER AT MORAJI DESAI
RESIDENTIAL SCHOOL, BASAVAKALYAN
R/O DUBALGUNDI, TALUK: HUMNABAD
DISTRICT: BIDAR
2. PRAFULLA
D/O MAHADEV RAO SURYAWANSHI
AGED ABOUT 32 YEARS
OCC:TEACHER (SOCIAL STUDIES)
AT MORAJI DESAI RESIDENTIAL
SCHOOL, BASAVAKALYAN
R/O NEW CHRISTIAN COLONY
A/P HALLIKKHED(B), TALUK: HUMNABAD
DISTRICT: BIDAR
3. RENUKA
D/O SHANKARAYYA MATHPATI
AGED ABOUT 26 YEARS
OCC:MATHEMATICS TEACHER
AT MORAJI DESAI RESIDENTIAL SCHOOL
BASAVAKALYAN
R/O C/O MALLAYYA BALLALLE
A/P KHATAK CHINCHOLI
2
TALUK: BHALKI
DISTRICT: BIDAR-585429
4. SRI NATARAJ
S/O CHANDRAKANTRAO JYANTE
AGED ABOUT 27 YEARS
OCC:TEACHER IN COMPUTER SCIENCE
AT MORAJI DESAI RESIDENTIAL SCHOOL
BASAVAKALYAN, R/O SULTANABAD
TALUK: HUMNABAD, DISTRICT: BIDAR
... APPELLANTS
(BY SRI CHANDRASHEKAR C. CHANASPUR, ADV.,)
AND
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY
SOCIAL WELFARE DEPARTMENT
VIKAS SOUDHA, BANGALORE-1
2. THE SECRETARY
PRIMARY AND SECONDARY EDUCATION
DEPARTMENT, M S BUILDING
BANGALORE-1
3. THE KARNATAKA RESIDENTIAL EDUCATIONAL
INSTITUTIONS SOCIETY, A SOCIETY
REGISTERED UNDER THE SOCIETIES
REGISTRATION ACT, REP BY ITS SECRETARY
NO.179, 3RD FLOOR, ROOPA COMPLEX
I MAIN ROAD, SESHADRIPURAM
BANGALORE-20
4. THE DISTRICT SOCIAL WELFARE OFFICE
BIDAR, NEAR DDPI OFFICE, BIDAR
DISTRICT: BIDAR
5. THE DEPUTY COMMISSIONER
BIDAR, DISTRICT: BIDAR
6. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT, BIDAR
DISTRICT: BIDAR
3
7. THE SECRETARY
BIDAR DISTRICT SERVICES OF LABOUR
MULTIPURPOSE CO-OPERATIVE SOCIETY
D C OFFICE, BIDAR
TQ:HUMNABAD, DISTRICT: BIDAR
... RESPONDENTS
(BY SRI B.VEERAPPA, AGA FOR R-1, 2, 4 & 5)
THESE WRIT APPEALS ARE FILED UNDER SECTION
4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO
SET ASIDE THE ORDER PASSED IN WRIT PETITION
NOS.14363-14366/2012 DATED 13/07/2012.
W.A.NOS.1115-1126/2013
BETWEEN
1. SRI SIDRAM KHANDARE
S/O MALLASHETTEPPA
AGED ABOUT 33 YEARS
OCC: MATHS TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL
(BCM) HUMNABAD, BULLA COLLEGE
KOTHOLI ROAD, TALUK: HUMNABAD
DISTRICT: BIDAR
2. SRI TARASING S/O SURESH
AGED ABOUT 32 YEARS
OCC: HINDI TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL
(BCM) HUMNABAD, BULLA COLLEGE
KOTHOLI ROAD, TALUK: HUMNABAD
DISTRICT: BIDAR
3. SRI SHAMBULING PATIL S/O SHAMRAO
AGED ABOUT 36 YEARS
OCC: PHYSICAL EDUCATION TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL
(BCM) HUMNABAD, BULLA COLLEGE
KOTHOLI ROAD, TALUK: HUMNABAD
DISTRICT: BIDAR
4. SRI RAJKUMAR S/O KAMANNA
AGED ABOUT 36 YEARS
4
OCC: ASSISTANT KANNADA TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL
(BCM) HUMNABAD, BULLA COLLEGE
KOTHOLI ROAD, TALUK: HUMNABAD
DISTRICT: BIDAR
5. SMT SUREKHA D/O SHIROMANI
AGED ABOUT 33 YEARS
OCC: SCIENCE TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL
(BCM) HUMNABAD, BULLA COLLEGE
KOTHOLI ROAD, TALUK: HUMNABAD
DISTRICT: BIDAR
6. SMT NAINAVATI
W/O UMAKANTH GUDAGE
AGED ABOUT 41 YEARS
OCC: ASSISTANT CRAFT TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL
BETBALKUNDA, TALUK: BASAVAKALYANA
DISTRICT: BIDAR
7. KUM. RASHMI
D/O KRISHAHARI YALLA
AGED ABOUT 32 YEARS
OCC: ASSISTANT KANNADA TEACHER
KITTUR RANI CHANNAMMA RESIDENTIAL
SCHOOL, HUMNABAD, DISTRICT: BIDAR
8. KUM. SAVITA D/O ARJUNRAO JABA
AGED ABOUT 31 YEARS
OCC: SOCIAL SCIENCE TEACHER
KITTUR RANI CHANNAMMA RESIDENTIAL
SCHOOL, HUMNABAD, DISTRICT: BIDAR
9. SMT SARSWATI D/O AMRUTRAO
AGED ABOUT 35 YEARS
OCC: PT TEACHER
KITTUR RANI CHANNAMMA RESIDENTIAL
SCHOOL, HUMNABAD, DISTRICT: BIDAR
10. SULOCHANA D/O BAKKAPPA
AGED ABOUT 28 YEARS
OCC: MATHS TEACHER
5
KITTUR RANI CHANNAMMA RESIDENTIAL
SCHOOL, HUMNABAD, DISTRICT: BIDAR
11. SRI MALLIKARJUN SWAMY
S/O REVANSIDDAYYA
AGED ABOUT 27 YEARS
OCC: SCIENCE TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL
TEACHER COLONY, HANKUNI ROAD
HUMNABAD, DISTRICT: BIDAR
12. SRI MANOHAR S/O CHANABASAPPA
AGED ABOUT 36 YEARS
OCC: HINDI TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL
TEACHER COLONY, BHALKI (SWD)
DISTRICT: BIDAR
... APPELLANTS
(BY SRI CHANDRASHEKAR C. CHANASPUR, ADV.,)
AND
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY
SOCIAL WELFARE DEPARTMENT
VIKAS SOUDHA, BANGALORE-1
2. THE SECRETARY
PRIMARY AND SECONDARY EDUCATION
DEPARTMENT, M.S. BUILDING
BANGALORE-1
3. THE KARNATAKA RESIDENTIAL
EDUCATIONAL INSTITUTIONS SOCIETY
A SOCIETY REGISTERED UNDER THE
SOCIETIES REGISTRATION ACT
REP BY ITS SECRETARY, NO.179
3RD FLOOR, ROOPA COMPLEX
1ST MAIN ROAD, SESHADRIPURAM
BANGALORE - 20
4. THE DISTRICT SOCIAL WELFARE OFFICE
BIDAR, NEAR DDPI OFFICE, BIDAR
DISTRICT: BIDAR
6
5. THE DEPUTY COMMISSIONER
BIDAR, DISTRICT: BIDAR
6. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT, BIDAR
DISTRICT: BIDAR
7. THE SECRETARY
BIDAR DISTRICT SERVICES OF LABOUR
MULTIPURPOSE CO-OPERATIVE SOCIETY
D.C. OFFICE, BIDAR, TALUK: HUMNABAD
DISTRICT: BIDAR
... RESPONDENTS
(BY SRI B.VEERAPPA, AGA FOR R-1, 2, 4 & 5)
THESE WRIT APPEALS ARE FILED UNDER SECTION
4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO
SET ASIDE THE ORDER PASSED IN WRIT PETITION
NOS.81021-81036/2012 DATED 14/08/2012.
THESE WRIT APPEALS COMING ON FOR ORDERS
THIS DAY, NAGARATHNA .J MADE THE FOLLOWING:
ORDER
1. Though the writ appeals are listed for non-compliance of office objections, learned counsel for the appellants states that these appeals could be disposed of in terms of the judgment dated 28.02.2013 passed by the Division Bench of this Court in Writ Appeal No.5127/2012 and connected writ appeals.
2. Submission of learned counsel for the appellants is placed on record.
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3. Learned AGA is directed to take notice for respondent Nos.1, 2, 4 and 5. Learned AGA submits that he has no objection for these writ appeals being dismissed in terms of the judgment dated 28.02.2013.
4. We have perused a copy of the said judgment. The operative portion of the said judgment reads as follows:-
"21. We find no infirmity or irregularity in the order passed by the learned Single Judge. The appellant has not made out a case to interfere with the order passed by the learned Single Judge.
In the result, the writ appeals filed by the appellant-Society are dismissed. We affirm the view taken by the learned Single Judge that the respondents-Principals and teachers shall be entitled for service weightage. It is needless to mention that the respondents will be entitled for service weightage provided they have appeared for combined competitive examinations held on 24.7.11 to 27.7.11. The appellant-society as far as possible, try to accommodate the respondents, if, after giving service weightage they are selected, without disturbing the candidates who have already been selected and appointed. Since their appointments are made subject to result of the 8 writ petitions, in the event of discontinuing any one of them or withdrawing their appointments, for accommodating the respondents, they shall discontinue or withdraw the appointment on "last come first go" principle."
The same is squarely applicable to the present appeals.
5. In the result, the writ appeals are dismissed. The observations made in the aforesaid judgment also apply to these appeals.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE bkv