Karnataka High Court
Smt S P Jalajakshi vs The State Of Karnataka on 22 October, 2018
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
WRIT PETITION No.35449 OF 2017 (S-REG)
C/W
WRIT PETITION NO.1660 OF 2016 (S-RES),
WRIT PETITION NO.2715 OF 2014 (S-RES)
IN W.P. NO.35449 OF 2017
BETWEEN:
SMT S P JALAJAKSHI
W/O SRI.VENUGOPAL B
AGED ABOUT 48 YEARS,
NO.5, SAI HERITAGE ENCLAVE,
FLAT NO.001, 7TH MAIN, 3RD BLOCK,
JAYALAKSHMIPURA,
MYSORE - 570 009. ... PETITIONER
(BY SRI.HARSHA D JOSHI, ADV.)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY THE SECRETARY TO GOVERNMENT
EDUCATION DEPARTMENT,
M.S. BUILDING,
BANGALORE - 560 001.
2. THE COMMISSIONER OF
2
COLLEGIATE EDUCATION
PALACE ROAD,
BANGALORE - 560 001.
3. THE DIRECTOR OF JOINT COLLEGIATE
EDUCATION
PALACE ROAD,
BANGALORE - 560 001.
4. THE JOINT DIRECTOR OF
COLLEGIATE EDUCATION,
PALACE ROAD,
BANGALORE - 560 001.
5. THE INSTITUTE OF EDUCATION TRUST
ONKARMAL B.ED. COLLEGE
SAHUKAR CHENNAIAH ROAD,
SARASWATHIPURAM,
MYSORE - 570 009
REPRESENTED BY ITS CHAIRMAN &
MANAGING DIRECTOR.
6. THE PRINCIPAL
ONKARMAL B.ED. COLLEGE
SAHUKAR CHENNAIAH ROAD,
SARASWATHIPURAM
MYSORE - 570 009. ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 TO R4;
SRI.S.R.HEGDE HUDLAMANE, ADV. FOR R5;
R-6 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
ANNEX-A THE RE-ADVERTISED EMPLOYMENT NOTIFICATION
DTD.13.2.2017 PUBLISHED IN THE INDIAN EXPRESS ENGLISH
DAILY DTD.6.3.2017 BY THE R-5. DIRECT THE R-1 TO 5 TO RE-
ADVERTISE THE PROCESS OF SELECTION TO THE POST OF
ASSISTANT PROFESSOR [METHODS OF TEACHING-KANNADA]
3
AS IN SL.NO.2 OF ANNEX-A AS PER TERMS AND CONDITIONS
STIPULATED IN ANNEX-E THE NOTIFICATION DTD.21.11.2012
AND ETC.,.
IN W.P.No.1660/2016
BETWEEN:
SMT.S.P.JALAJAKSHI
WIFE OF SRI.VENUGOPAL B ,
AGED ABOUT 45 YEARS,
NO.5, SAI HERITAGE ENCLAVE,
FLAT NO.001, 7TH MAIN, 3RD BLOCK,
JAYALAKSHMIPURA,
MYSORE ... PETITIONER
(BY SRI.HARSHA D JOSHI, ADV.)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
EDUCATION DEPARTMENT,
M.S. BUILDING,
BANGALORE - 560 001
2. THE COMMISSIONER OF
COLLEGIATE EDUCATION,
PALACE ROAD,
BANGALORE - 560 001
3. THE DIRECTOR OF COLLEGIATE EDUCATION
PALACE ROAD
BANGALORE - 560 001
4. THE JOINT DIRECTOR OF COLLEGIATE
EDUCATION,
REGIONAL OFFICE,
MYSORE - 570 005
4
5. THE INSTITUTE OF EDUCATION TRUST
ONKARMAL B.ED., COLLEGE,
SAHUKAR CHENNAIAH ROAD,
SARASWATHIPURAM,
MYSORE - 570 009
REPRESENTED BY ITS CHAIRMAN &
MANAGING TRUSTEE AND TRUSTEES
6. THE PRINCIPAL
ONKARMAL SOMANI COLLEGE EDUCATION,
SARASWATHIPURAM,
MYSORE - 570 009
7. MS. RAMYA H B
SRI VENKATESHWARA NILAYA,
AGED ABOUT 30 YEARS,
LIG 94 I FLOOR,
NEW KANTARAJ URS ROAD, (HUDCO)
KUVEMPUNAGAR,
MYSORE - 570 023 ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 TO R4;
SRI.S.R.HEGDE HUDLAMANE, ADV. FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
ANNEX-A THE RE-ADVERTISED EMPLOYMENT NOTIFICATION
DATED 02.11.2015 ISSUED IN NO.IET(R)/ OSC/DR/ 2012-03
PUBLISHED IN THE DECCAN HERALD ENGLISH DAILY DATED
04.11.2015 BY THE 5TH RESPONDENT, THE ORIGINAL OF WHICH
IS AT PAGE 25; DIRECT R-1 TO 5 HEREIN TO RE-ADVERTISE
THE PROCESS OF SELECTION TO THE POST OF ASSISTANT
PROFESSOR (METHODS OF TEACHING-KANNADA) AS IN
SL.NO.3 OF ANNEX-A AS PER TERMS AND CONDITIONS
STIPULATED IN ANNEX-E THE NOTIFICATION DATED
21.11.2012.
5
IN W.P. NO.2715 OF 2014
BETWEEN:
SMT.S.P.JALAJAKSHI
W/O SRI.VENUGOPAL. R,
AGED ABOUT 45 YEARS,
NO.5, SAI HERITAGE ENCLAVE,
FLAT NO.001, 7TH MAIN, 3RD BLOCK,
JAYALAKSHMIPURA,
MYSORE - 01. ... PETITIONER
(BY SRI.V.LAKSHMINARAYANA, SENIOR COUNSEL FOR
SRI.VIKRAM BALAJI. ADV.)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
EDUCATION DEPARTMENT,
M.S. BUILDING,
BANGALORE - 560 001.
2. THE COMMISSIONER OF COLLEGIATE EDUCATION
PALACE ROAD,
BANGALORE - 560 001.
3. THE DIRECTOR OF COLLEGIATE EDUCATION
PALACE ROAD,
BANGALORE - 560 001.
4. THE JOINT DIRECTOR OF COLLEGIATE EDUCATION
REGIONAL OFFICE,
MYSORE - 570 001.
5. THE INSTITUTE OF EDUCATION TRUST
ONKARMAL B.ED., COLLEGE,
SAHUKAR CHENNAIAH ROAD,
SARASWATHIPURAM,
6
MYSORE - 570 009,
REPRESENTED BY ITS CHAIRMAN &
MANAGING TRUSTEE
6. THE PRINCIPAL
ONKARMAL SOMANI COLLEGE OF EDUCATION,
SARASWATHIPURAM,
MYSORE - 570 009.
7. MS.RAMYA, H.B., MAJOR
SHREE VENKATESHWARA NILAYA,
LIG 94, 1ST FLOOR, NEW KANTARAJ URS ROAD
(HUDCO), KUVEMPUNAGAR,
MYSORE - 570 023.
... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1 TO R3;
SRI.S R HEGDE HUDLAMANE, ADV. FOR R5 & 6;
SRI.A.S.MAHESH, ADV. FOR R7 )
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
SELECTION OF THE R7 FOR THE POST OF ASSISTANT
PROFESSOR IN EDUCATION [KANNADA] PURSUANT TO THE
SELECTION LIST & PROCEEDINGS OF THE SELECTION
COMMITTEE DT.6.9.13 PRODUCED AS ANN-K & N. DIRECT THE
RESPONDENTS TO SELECT & APPOINT THE PETITIONER TO THE
POST OF ASSISTANT PROFESSOR IN EDUCATION [KANNADA]
PURSUANT TO THE SELECTION LIST & PROCEEDINGS OF THE
SELECTION COMMITTEE DT.6.9.13, PRODUCED AS ANN-K & N
TAKING INTO CONSIDERATION HER ACADEMIC RECORD &
RESEARCH PERFORMANCE, ASSESSMENT OF DOMAIN
KNOWLEDGE & TEACHING SKILLS & INTERVIEW PERFORMANCE
AS PER THE UGC GUIDELINES IN APPENDIX-III TABLE-II(C)
PUBLISHED IN THE GAZETTE OF INDIA DT.28.9.10 & BY
GRANTING HER SERVICE WEIGHTAGE FOR THE SERVICE
RENDERED BY HER IN THE INSTITUTION & GRANT HER ALL
CONSEQUENTIAL BENEFITS.
7
THESE WRIT PETITIONS COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
The learned counsel for the petitioner in these petitions submits that the petitioner was working as Lecturer in the faculty of Kannada Respondent-College since 2008 and had applied for the post of Professor as per Notification dated 21st November 2012 and had appeared for interview on 31st July 2013. Despite the said notification, again the respondent has issued one more Notification dated 13th February 2017 and the same is impugned in these petitions.
2. The prayer in the writ petitions is to set aside the Notification dated 13th February 2017. A further prayer is made to direct the respondents to declare the services of the petitioner as Assistant Professor (Methods of Teaching - Kannada).
3. The learned counsel for the respondent submits that the first prayer of the petitioners becomes infructuous since the Notification has been given effect to by selecting the candidates and the respondents have recommended the selection list to the Government and the Government has to take steps. Under the circumstances, the Notification is already materialized and it cannot be set aside. In 8 respect of regularisation, it is for the respondent to pass appropriate order.
4. Heard the learned counsel for the parties. In the light of the above since Notification Annexure-A dated 13th February 2017 is already given effect to and the selections are over and the names have been recommended for government, now it is not appropriate to set aside the same. Secondly, it is for the petitioner to make representation to the respondents and if such representation is made to the competent authority, the competent authority shall consider and pass appropriate orders. With these directions petitions stand disposed of.
Sd/-
JUDGE lnn