Karnataka High Court
Sri. K. R. Vishwanath vs T. S. Subbanna Sarvajanika Education ... on 20 February, 2025
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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NC: 2025:KHC:7679
WP No.35747 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R
DATED THIS THE 20TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO.35747 OF 2019 (S-RES)
BETWEEN
1. SRI. K. R. VISHWANATH
S/O. LATE RAMACHANDEGOWDA,
AGED ABOUT 37 YEARS,
ASSISTANT TEACHER,
RESIDING AT KANUGANAHALLI,
TIPPUR POST, K.R. NAGAR TALUK,
MYSURU DISTRICT - 571 602.
2. SRI. SHIVAKUMAR. K. M.
S/O. MARILINGAIAH,
AGED ABOUT 36 YEARS,
ASSISTANT TEACHER,
RESIDING AT KAGALAWADI,
Digitally signed by
BASALINGAPPA CHAMARAJNAGAR POST,
SHIVARAJ CHAMARAJNAGAR
DHUTTARGAON
TALUK & DISTRICT - 571 117.
Location: HIGH
COURT OF
KARNATAKA
3. SRI. S. MANJEGOWDA
S/O. PATEL SIDDEGOWDA,
AGED ABOUT 39 YEARS,
ASSISTANT TEACHER,
RESIDING AT KETHANAHALLI VILLAGE,
H.D. KOTE POST AND TALUK,
MYSURU DISTRICT - 570 026.
4. SRI. K. C. PRADEEP KUMAR
S/O. CHINNAPPA,
AGED ABOUT 32 YEARS,
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WP No.35747 of 2019
ASSISTANT TEACHER,
RESIDING AT KETHUPURA,
SOSALE HOBLI,
T.N. PURA TALUK,
MYSURU DISTRICT - 571 602.
5. SRI. K. M. JAGADEESH
S/O. MUDDAPPA,
AGED ABOUT 35 YEARS,
ASSISTANT TEACHER,
RESIDING AT KARAKALAMADAHALLI,
VADDAGERE POST,
GUNDLUPET TALUK,
CHAMARAJANAGAR DISTRICT - 571 123.
6. SMT. SINDHU. P
D/O. LATE PAPANNA,
AGED ABOUT 30 YEARS,
ASSISTANT TEACHER,
RESIDING AT POORIGALI,
MALAVALLI TALUK,
MANDYA DISTRICT - 571 463.
7. SRI. SIDDARAJU. R
S/O. RACHAIAH,
AGED ABOUT 36 YEARS,
ASSISTANT TEACHER,
RESIDING AT KELLUPUR,
HUR POST, NANJANGUD TALUK,
MYSURU DISTRICT - 571 315.
8. SRI. RACHANAYAK
S/O. RACHAPPA,
AGED ABOUT 35 YEARS,
ASSISTANT TEACHER,
RESIDING AT HALEBEEDI,
TALAKADU,
T.N. PURA TALUK,
MYSURU DISTRICT - 571 122.
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WP No.35747 of 2019
9. SMT. RUKMINIAMMA
W/O. SHIVAIAH,
AGED ABOUT 44 YEARS,
ASSISTANT TEACHER,
RESIDING AT HOUSING BOARD COLONY,
CHAMARAJANAGAR - 571 313.
10 . SRI. NANDEESH NAYAK. K. O.
S/O. OBAIAH,
AGED ABOUT 30 YEARS,
ASSISTANT TEACHER,
RESIDING AT MYSARESATTI,
RAYAPUR POST,
MOLAKALMUR TALUK,
CHITRADURGA DISTRICT - 577 535.
11 . SRI. MANJUNATHA. K. A.
S/O. ANNEGOWDA,
AGED ABOUT 32 YEARS,
ASSISTANT TEACHER,
RESIDING AT KALKERE VILLAGE,
PERIYAPATNA TALUK,
MYSURU DISTRICT - 571 122.
12 . SMT. MANJULA. R
D/O. LATE RAMASWAMY,
AGED ABOUT 30 YEARS,
ASSISTANT TEACHER,
RESIDING AT JODI HARIHARAPURA,
(SALUNDI), BILIGERI HOBLI,
NANJANGUD TALUK,
MYSURU DISTRICT - 571 602.
...PETITIONERS
(BY SRI ANEPPANAVAR RAMESH BASETTEPPA, ADVOCATE)
AND
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NC: 2025:KHC:7679
WP No.35747 of 2019
1. T. S. SUBBANNA SARVAJANIKA
EDUCATION TRUST (R)
BY ITS ADMINISTRATOR,
VIDYARANYAPURAM,
MYSURU, MYSURU DISTRICT - 570 008.
2. THE STATE OF KARNATAKA
BY ITS CHIEF SECRETARY,
DEPARTMENT OF PRIMARY &
SECONDARY EDUCATION,
M.S. BUILDING,
BENGALURU - 560 001.
3. THE COMMISSIONER OF PUBLIC INSTRUCTIONS
DEPARTMENT OF EDUCATION,
NRUPATHUNGA ROAD,
BENGALURU - 560 001.
4. THE DEPUTY DIRECTOR (ADMINISTRATION)
PUBLIC INSTRUCTIONS,
DEPARTMENT OF EDUCATION,
MYSURU - 570 008.
5. THE DEPUTY DIRECTOR (ADMINISTRATION)
PUBLIC INSTRUCTIONS,
DEPARTMENT OF EDUCATION,
CHAMARAJANAGAR - 571 313.
6. THE DEPUTY DIRECTOR (ADMINISTRATION)
PUBLIC INSTRUCTIONS,
DEPARTMENT OF EDUCATION,
MANYDA - 571 008.
....RESPONDENTS
(BY SRI R.S.RAVI, SENIOR ADVOCATE FOR, SRI AKARSH KUMAR GOWDA, ADVOCATE FOR R1; SRI G.S. ARUNA, H.C.G.P., FOR R2 TO R6) -5- NC: 2025:KHC:7679 WP No.35747 of 2019 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, IN THE NATURE OF MANDAMUS OR DIRECTION DIRECTING THE RESPONDENT NO.1 TO 6 TO CONSIDER THE CASE OF PETITIONERS FOR REGULARIZATION OF THEIR RESPECTIVE SERVICES AS ASSISTANT TEACHERS IN THE RESPECTIVE SUBJECTS FROM THE DATE OF ORIGINAL APPOINTMENT WITH MONETARY AND SERVICE BENEFITS.
B) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR DIRECTION TO RESPONDENTS TO PAY THE PRESCRIBED SALARY TO THE PETITIONERS ON THE BASIS OF THE PRINCIPLE OF "EQUAL PAY FOR EQUAL WORK", AS PAYING TO THE SIMILARLY PLACED EMPLOYES AS ASSISTANT TEACHERS UNDER ARTICLE 39(D) OF THE CONSTITUTION OF INDIA AND ETC.
THIS WRIT PETITION PERTAINS TO PRINCIPAL BENCH BENGALURU HAVING BEEN HEARD AND RESERVED ON 05.12.2024 AND COMING ON FOR PRONOUNCEMENT OF ORDERS AT KALABURAGI BENCH THROUGH VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV C.A.V. ORDER I. BRIEF FACTS:-
The petitioners have sought for issuance of writ in the nature of mandamus to direct respondents to consider the case of the petitioners for regularization as Assistant Teachers in their respective subjects from the date of original appointment with monetary and service benefits.-6-
NC: 2025:KHC:7679 WP No.35747 of 2019 Petitioners have also sought for issuance of writ in the nature of mandamus to direct respondents to pay salary on the principle of "Equal Pay for Equal Work" as paid to similarly placed regular employees who are performing the same work.
Another relief is sought for which is to be treated as an alternative relief, whereby the petitioners have sought for issuance of writ in the nature of mandamus to award compensation towards loss of their services and for having suffered economic prejudice due to payment of 'low wages' since the date of their appointment.
2. The facts made out are that the petitioners were appointed as Assistant Teachers by the respondent no.1 - Institution which was an aided institution governed under the provisions of the Karnataka Education Act, 1983 as well as the Grant-in-Aid Code.-7-
NC: 2025:KHC:7679 WP No.35747 of 2019
3. The petitioners, it is stated, were appointed between the period 2006 to 2014 and were being paid consolidated salary of Rs.500/- per month. The details are found at para-5 of the memorandum of petition and the table reflecting educational qualification, date of appointment, subject and consolidated salary are listed and is reproduced below for reference:
Sl. Name Educational Date of Subject Consolidated No. qualification appointment salary per month
1. K.R.Vishwanath M.A. B.Ed. 02.06.2008 Kannada Rs.500/-
Arts
2. Shivakumar K.M. M.A. B.Ed. 02.01.2006 Kannada Rs.500/-
Arts
3. S.Manjegowda M.A. B.Ed. 05.06.2008 Kannada Rs.500/-
4. K.C.Pradeepkumar M.A. B.Ed. 08.08.2009 Arts Rs.500/- 5 K.M.Jagadeesh M.A. B.Ed. 10.06.2010 Arts Rs.500/-
6. Sindhu. P. M.A. B.Ed. 14.02.2012 Kannada Rs.500/-
Arts
7. Siddaraju. R. M.A. B.Ed. 01.07.2013 Kannada Rs.500/-
Arts
8. Rachanayak M.A. B.Ed. 24.09.2013 Arts Rs.500/-
9. Rukminiamma M.A. B.Ed. 15.07.2014 Arts Rs.500/-
10. Nandeesh Nayak M.A. B.Ed. 15.07.2014 Kannada Rs.500/-
Arts
11. Manjunatha K.A. M.A. BP.Ed. 17.02.2013 Physical Rs.500/-
Education Teacher
12. Manjula. R. M.A. B.Ed. 25.08.2012 Arts & Rs.500/-
Kannada -8- NC: 2025:KHC:7679 WP No.35747 of 2019 II. SUBMISSIONS:-
4. Heard learned counsel Sri.Anneppanavar Ramesh Basetteppa, appearing on behalf of the petitioners, learned Senior Counsel R.S.Ravi appearing on behalf of Sri Akarsh Kumar Gowda, for respondent No.1 and learned High Government Pleader Sri G. S. Aruna on behalf of the respondent - State.
A. SUBMISSIONS ON BEHALF OF PETITIONERS:-
5. The petitioners assert that their appointment by the first respondent institution was sought to be given a legal cloak by tracing the appointment to Rule 48 of the Grant-in-Aid Code which provided for the managements to make temporary appointment for duration of less than six months without inviting application in terms of the procedure prescribed for temporary period of time.
However, without their posts being admitted to Grant-in- Aid, the petitioners are stated to have worked till 2019. -9-
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6. It is also the assertion of the petitioners that there were vacancies in the first respondent institution which could have been filled by making necessary application to the Government as was permissible.
7. Attention was drawn to the Notification dated 13.03.2017 of the Government at Annexure-D, whereby the first respondent institution was called upon to fill up the posts and such communication was addressed to the institution.
8. The petitioners, it is stated, subsequent to such notification though made out representation dated 16.08.2018, for their regularisation, however, it is alleged that the management not having considered the case of the petitioners, sought to conduct interview and selection by inducting fresh candidates by overlooking the petitioners. It is in such context, that the petitioners had sought for consideration of their grievance.
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NC: 2025:KHC:7679 WP No.35747 of 2019
9. The petitioners thereafter had filed W.P.Nos.37031-37044/2018 seeking for direction to the respondents to consider the representations dated 16.08.2018 and extend service benefits on the principle of "Equal Pay for Equal Work". The said writ petition was disposed off with an observation that the fourth respondent was to consider the representation and pass orders within three months. The said representation came to be disposed off in terms of the proceedings at Annexure-J dated 18.02.2019 by the respondent No.4 after an enquiry and the findings recorded were as follows:
(a) That the petitioners were working in the said institution;
(b) That they were not furnished with any orders of appointment;
(c) That they were not permitted to affix their signature in the School Attendance Register;
(d) That they have been working in posts not admitted to Grant-in-Aid at a very low salary, and;
(e) That their claims require to be considered sympathetically.
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NC: 2025:KHC:7679 WP No.35747 of 2019 However, it was pointed out that the process of appointment was to be in terms of the Karnataka Private Educational Institutions (Recruitment and terms and conditions of service of employees in Private Aided Primary and Secondary Educational Institution) Rules, 1999 and accordingly, the claim of the petitioners could not be considered.
10. The said report was referred to the Commissioner, Department of Public Education seeking for appropriate direction.
11. Finally in terms of the Endorsement at annexure-M dated 09.04.2019, the Commissioner, Department of Public Education informed petitioners that the Deputy Director (Administration) was directed to dispose of the representation in accordance with the Act. Accordingly, the present petition has been filed.
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NC: 2025:KHC:7679 WP No.35747 of 2019
12. The legal premise on which the petitioners are seeking for monetary compensation is that they are entitled for "Equal Pay for Equal Work" and there cannot be exploitation of the petitioners by paying meager salary of Rs.500/- per month over an extended period of several years.
13. At the time of addressing arguments, learned counsel for petitioners has restricted relief claimed to the issuance of appropriate direction to the respondent institution to make good the economic prejudice caused due to prolonged service at meager pay of Rs.500/- per month without having the benefit of regularisation. B. SUBMISSIONS ON BEHALF OF RESPONDENT - STATE:-
14. The State Government has filed statement of objections asserting that in terms of the available vacancies, appointments were sought to be made in terms of the order of the Commissioner for Public Instructions dated 13.02.2017. It is further asserted that pursuant to
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NC: 2025:KHC:7679 WP No.35747 of 2019 the direction in W.P.Nos. 37031-37044/2018, a detailed enquiry was held and proceedings drawn up, referred to above. It was asserted that none of the petitioners were selected in the recruitment process, that petitioners were working in the Management Institution for several years without any appointment order and that the engagement of the petitioners was as regards posts not admitted to grant-in-aid which engagement is not binding on the Government.
C. SUBMISSIONS ON BEHALF OF RESPONDENT - INSTITUTION:-
15. It was a contention raised on behalf of the respondent Institution that the petitioners had worked voluntarily for purpose of experience and no appointment orders were issued.
16. It is contended that in terms of the Karnataka Educational Institutions (Classification, Regulation and Prescription of Curricula, etc.) Rules, 1995, the tuition fee to be charged by recognized Private Aided Institutions is
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NC: 2025:KHC:7679 WP No.35747 of 2019 only from failed students at rates specified by the State Government or Competent Authority authorized in terms of Rule 10(3)(d)(i). Further, the Institution could charge special development fees in terms of Rule 10(3)(c)(i) only of Rs.500/- per year. It is also submitted that they are bound by the provisions of the Karnataka Educational Institutions (Regulation of Certain Fees & Donations) Rules, 1999 and in terms of Rule 3, they are prevented from collecting any donation voluntary or otherwise other than the prescribed fee as notified. Accordingly, in light of such restriction, Institution is not in a position to raise funds for the purpose of paying salary to the Teachers whose posts are not admitted to grant-in-aid as sought for in the present case.
17. It is also submitted that their hands are tied insofar as appointments are concerned and they do not have any discretion to regularize services of the staff as sought for.
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NC: 2025:KHC:7679 WP No.35747 of 2019 III. ANALYSIS:-
18. The grievance of the petitioners is:-
That the petitioners had worked for substantial period of time under the hope that their posts would be admitted to grant-in-aid and such consequence not having realised, they are of the justifiable view that their services have been exploitatively used as their period of work over several years was compensated by a meager salary of Rs.500/- per month which is below the minimum wages payable.
19. At the outset, the validity of appointments of the petitioners made by the respondent institution without such posts being admitted to grant-in-aid is to be examined in terms of Rule 48 of Uniform Grant-in-Aid Code For Secondary Schools In Karnataka State1. Rule 48 reads as follows:-
1
Order No.ED13 SHS 67, Bangalore, dated 17.06.1967
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NC: 2025:KHC:7679 WP No.35747 of 2019 "48. The management may make temporary appointments the duration of which is less than 6 months without calling for applications."
20. The objective of such Rule granting permission to the Institution to make appointments without adherence to Rules governing recruitment of staff in Aided Institutions is to enable the Institutions to fill up posts temporarily, where vacancies have arisen till regular recruitment is made. As the procedure of regular recruitment involves time and various processes, in order to tide over staff shortage till such recruitment is completed, power is conferred to make temporary appointments.
21. Admittedly, in the present case, in terms of Annexures-'C', 'D' and 'E', pursuant to Government permission, recruitment process had been initiated as regards Teachers Grade-2 as well as Physical Education Instructors Grade-1. The Notification for recruitment is dated 14.06.2018. For various reasons, petitioners were
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NC: 2025:KHC:7679 WP No.35747 of 2019 not recruited through such process due to administrative reasons.
22. Immediately thereafter, the petitioners in terms of representation dated 16.08.2018 at Annexure-'G' to Government Authorities had specifically requested to include their names in the list of candidates short listed for interview by awarding marks in the nature of weightage taking note of their services for extended period of time.
23. The representation dated 16.08.2018 was directed to be considered by order passed in W.P.Nos.37031-37044/2018 dated 11.09.2018 pursuant to which the Government has taken up consideration of representation.
24. The Government's consideration of the representation of the petitioners has resulted in the report at Annexure-'J' dated 18.02.2019. The conclusion arrived at was on the basis of statements of the concerned officials including the statement of the Head Master. The
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NC: 2025:KHC:7679 WP No.35747 of 2019 statement of the Head Master is part of the enquiry records and a set of photocopies of such proceedings have been submitted before the Court by learned counsel for the petitioners. Such records were produced by the State at the time of hearing and the petitioners have taken photocopies of records and have placed it before this Court for perusal.
25. It is specifically asserted by the Head Master which statement is referred to in the enquiry report, that the petitioners have been working as Teachers, that all of them were working on oral directions of the Management, that their engagement was towards vacant posts as regards Teachers of Classes-VIII, IX and X, that, apart from the Teachers performing their duties of teaching, their services have also been utilized for census duties, training, evaluation of SSLC papers, election duty, revision of Voters' list, etc.
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26. The eventual conclusion in the said report reiterates the statement of the Head Master and records that the petitioners have been working for many years without pay/meager pay, and that there were no written orders of appointment nor were they permitted to affix their signature on the attendance registers. The Table containing the details of Exhibits produced during the proceedings is as hereunder:-
NAME OF EXHIBITS DETAILS OF THE EXHIBIT PETITIONER & NAME PRODUCED IN THE OF THE RESPONDENT PROCEEDINGS INSTITUTION - [EX.] SERVICE RENDERED K.R. Vishwanath 1-A Time Table of the Respondent School T.S. Subbanna Public High School, 1-B Temporary Attendance Register Poorigali (2011 -2013) T.S. Subbanna 1-C Records pertaining to annual Public High School, examination (Question paper, Vidyaranyapuram Answer Sheets, Self Assessment) T.S. Subbanna 1-D Minutes of the meeting conducted Public High School, by the Headmaster a/w signature Chamundibetta of petitioner.
1-E Photocopies of petitioner's participation in activities of School.
Shivakumar K.M. 2-A Temporary Appointment order by
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NC: 2025:KHC:7679 WP No.35747 of 2019 Respondent Institution, dated T.S. Subbanna 03.09.2007, 21.12.2006 Public High School 2-B Authorization Letter of the T.S. Subbanna Headmaster affirming 5 years of Public High School, service as temporary teacher. Poorigali 2-C Minutes of the teachers meeting T.S. Subbanna a/w signature of petitioner.
Public High School,
Mamballi 2-D Assessment Records of students
signed by petitioner
2-E Headmaster's letter to
Management for sanction of
Honorarium to petitioner
S. Manjegowda 3-A Attendance Register (June 2008 -
September 2013)
T.S. Subbanna
Public High School, 3-B Record of functioning as polling
Kyatanahalli officer
3-C Photocopies of petitioner's
participation in activities of School.
3-D Awardee of Kannada Ratna
3-E Sirigannada Scholarship Award
Letter
3-F Attendance letter issued by
Tahsildar to petitioner for duty as supervisors Censes -2011 3-G Confirmation letter regarding Social and Educational Survey Work 3-H Order appointing as additional evaluator in S.S.L.C. Examination
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NC: 2025:KHC:7679 WP No.35747 of 2019 3-I Appointment Order to preach about Department of Social Welfare of Backward Classes 3-J Minutes of the teachers meeting a/w signature of petitioner 3-K Achievement Letter issued by K.P.S.P K.C. Pradeep 4-A Attendance Register (2009 -2012) Kumar 4-B Photocopies of petitioner's T.S. Subbanna participation in activities of Public High School, School.
Talakadu 4-C Minutes of meeting a/w signature of petitioner K.M. Jagadeesh 5-A Temporary Attendance Register (August 2010 -December 2011) T.S. Subbanna Public High School, 5-B Receipt of Honorarium Vaddagere T.S. Subbanna 5-C Invigilator in S.S.L.C Examination Public High School, Kalale 5-D Authorization Letter of the Headmaster affirming service as T.S. Subbanna temporary teacher for various Public High School, years Hura 5-E Attendance certificate of attending District education and training center, chamarajanagar 5-F Photocopies of Participation in School Programs Smt. Sindhu. P 6-A Headmaster letter to prepare a question paper T.S. Subbanna Public High School, 6-B Photocopies of Participation in Poorigali School Programs
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NC: 2025:KHC:7679 WP No.35747 of 2019 T.S. Subbanna Public High School, Talakadu T.S. Subbanna Public High School, Tayuru T.S. Subbanna Public High School, Poorigali T.S. Subbanna Public High School, Hagara Mambhalli Siddaraju. R. 8-A Achievement Letter T.S. Subbanna 8-B Karnataka South Teachers Public High School, Constituency Voters List Poorigali 8-C Assessment Records of students signed by petitioner 8-D Assessment Records of students signed by petitioner 8-E Photocopies of Participation in School Activities Rachanayak 9-A Work Distribution Letter T.S. Subbanna 9-B Photocopies of Participation in Public High School, School Activities Kagalwadi T.S. Subbanna Public High School, Hura Smt. 10-A Participation records with respect Rukminiamma to School Activities
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NC: 2025:KHC:7679 WP No.35747 of 2019 T.S. Subbanna 10-B Attendance certificate of Public High School, attending District education and Kagalwadi training center, chamarajanagar Nandeesh Nayak. 12-A Headmaster's Letter to conduct K.O. test/Exams T.S. Subbanna Public High School, Poorigali T.S. Subbanna Public High School, Talakadu 12-B Headmaster's letter to prepare question paper Manjunatha K.A. 13-A Annual Meetings Record Memo book containing signature of T.S. Subbanna Petitioner Public High School, Talakadu 13-B Incharge Memo 13-C Record of participation in physical education teachers meeting and sports events from 2013 to 2018 13-D Eligibility certificate given to students for participation in sports event signed by Petitioner Smt. Manjula.R 11-A Students consolidated marks sheet T.S. Subbanna Public High School, 11-B Record checked and signed by Tayuru BRCT team of Narseepur Taluk 11-C Examination Question Paper 11-D Attendance Certificate
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27. A perusal of the proceedings, copies of which are filed in Court would indicate the material relied upon in arriving at the conclusion at Annexure-'J'. Such findings would amount to a finding on fact which cannot be differed with in the present proceedings while giving due weightage to the report at Annexure-'J' prepared by the State Functionaries in light of a presumption that could be raised as to its regularity.
28. The contents of the report at Annexure-'J' are not seriously in dispute. The respondent Institution has objected to allowing the writ insofar as request to make good the financial loss to the petitioners. The basis of opposition is that they are constrained by lack of resources to meet the demands of payment to the petitioners on par with regular employees. As noticed, it is pleaded that the fee charged in case of Aided Institutions is regulated by the Rules and the Institution cannot raise resources
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NC: 2025:KHC:7679 WP No.35747 of 2019 through higher fees than prescribed nor can donations be accepted.
29. In an identical factual matrix concerned with Teachers appointed on temporary basis by privately managed Degree Colleges receiving aid from the Government, litigation initiated before the High Court culminated before the Apex Court in the order passed in the case of Karnataka State Private College Stop-gap Lecturers Association v. State of Karnataka and Others2 [Stop-gap Lecturers Association]. In the aforesaid case, the Apex Court was considering the case of Teachers who were temporarily appointed for three months by the Management which was receiving grant-in- aid and who had sought for regularization of their services. It was contended that the Management had assured their regularization due to long continuance of service.
30. The Apex Court in the aforesaid decision has detailed the problems of the appointing Authority 2 (1992) 2 SCC 29
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NC: 2025:KHC:7679 WP No.35747 of 2019 deliberately trying to accommodate particular candidates for extraneous reasons by misusing the regular procedure provided for recruitment. The Court had observed that Rules were defective and necessary provision was required to be made to effectively deal with such situation noticing that no such Rule was enacted to take care of the lacuna noticed. The Apex Court has lamented on the exploitation of employees. Accordingly, following observations were made at paras-5 and 6 which are of relevance to the present case and are extracted hereinbelow:-
"5. Another obnoxious part is the emoluments that have been paid to the temporary teachers. The order provides that the teacher shall be paid a fixed salary which is ten rupees less than the minimum payable to regular employee. This method of payment is again beyond comprehension. An appointment may be temporary or permanent but the nature of work being same and the temporary appointment may be due to exigency of service, non-availability of permanent vacancy or as stopgap arrangement till the regular selection is completed, yet there can be no justification for
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NC: 2025:KHC:7679 WP No.35747 of 2019 paying a teacher, so appointed, a fixed salary by adopting a different method of payment than a regular teacher. Fixation of such emoluments is arbitrary and violative of Article 14 of the Constitution. The evil inherent in it is that apart from the teachers being at the beck and call of the management are in danger of being exploited as has been done by the management committees of State of Karnataka who utilised the services of these teachers for 8 to 10 years by paying a meagre salary when probably during this period if they would have been paid according to the salary payable to a regular teacher they would have been getting much more. Payment of nearly eight months' salary, by resorting to clause 5, and, that too fixed amount, for the same job which is performed by regular teachers is unfair and unjust. A temporary or ad hoc employee may not have a claim to become permanent without facing selection or being absorbed in accordance with rules but no discrimination can be made for same job on basis of method of recruitment. Such injustice is abhorrent to the constitutional scheme.
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6. While deprecating direction by the government to break service for a day or two and paying fixed salary to temporary employees we must condemn the practice of management of not making regular selection utmost within six months of occurrence of vacancy. Nor the helplessness of government can be appreciated as expressed in the counter- affidavit that despite orders the management continued with it. If the government could not take effective measure either by superseding the management or stopping grants-in-aid then either it was working under pressure from management of the private aided institutions or it was itself interested in continuing such unfortunate state of affairs. In either case the equities have been created because of doings of State itself, therefore, it should resolve it. One such method was adopted by the High Court in individual petitions filed by the teachers by directing the Director of Education to hold selection. In pursuance of it some of the teachers have been regularised. But substantial number still remain due to State's going back on its agreement before the Court by creating obstacles in implementation of the order. Many
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NC: 2025:KHC:7679 WP No.35747 of 2019 of them who have faced selection and have secured higher marks and are in zone of selection are being denied the benefit because it is claimed that such regularisation would be contrary to reservation policy of the State. The policy is under challenge in another proceedings in the Court. Without entering into validity of the policy which according to petitioner results in cent per cent reservation we are of opinion that such practice should be put an end to, therefore, following directions are necessary to be issued:
(1) Provision in clause 5 of one day's break in service is struck down as ultra vires.
(2) Orders for payment of fixed salary to temporary teachers is declared invalid. But it shall operate prospectively. A teacher appointed temporarily shall be paid the salary that is admissible to any teacher appointed regularly.
(3) Any teacher appointed temporarily shall be continued till the purpose for which he has been appointed exhausts or if it is in
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NC: 2025:KHC:7679 WP No.35747 of 2019 waiting of regular selection then till such selection is made.
(4) Managements shall take steps, whenever necessary, to fill up permanent vacancies in accordance with rules. Delay in filling up the vacancies shall not entitle the management or Director to terminate the services of temporary teachers except for adequate reasons. But it shall entitle the government to take such steps including supersession of management or stopping grants-in- aid if permitted under law to compel the institutions to comply with the rules."
31. While the Apex Court in Stop-gap Lecturers Association (supra), eventually directed the services of such temporary staff ought not to be terminated, that they were required to be absorbed as and when regular vacancies arise, that additional posts shall be created to accommodate such selected candidates. Further, the relief
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NC: 2025:KHC:7679 WP No.35747 of 2019 granted which would be of relevance in the present matter was "7. ... (4). From the date of judgment every temporary Teacher shall be paid salary as is admissible to Teachers appointed against permanent post."
32. In the present case, as already observed, the petitioners have given up their claim for regularization and restricted to compensating them for financial prejudice caused in light of long service at meager pay of Rs.500/- per month.
33. It is to be noticed that the right under Article 23 (1) of the Constitution of India reads as follows:-
"23. Prohibition of traffic in human beings and forced labour.--(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law."
34. As laid down by the Apex Court in People's Union for Democratic Rights and Others v. Union of
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NC: 2025:KHC:7679 WP No.35747 of 2019 India and Others3 [PUDR] at para-12 it is observed as follows:-
"12. ...The prohibition against "traffic in human beings and begar and other similar forms of forced labour" is clearly intended to be a general prohibition, total in its effect and all pervasive in its range and it is enforceable not only against the State but also against any other person indulging in any such practice."
35. The Apex Court in PUDR (supra) has enlarged the scope of prohibition of forced labour under Article 23 of Constitution not only to circumstances where no remuneration has been paid but also where forced labour is resorted to whether remunerated or not. The further observations of the Apex Court are as follows:-
"14. Now the next question that arises for consideration is whether there is any breach of Article 23 when a person provides labour or service to the State or to any other person and is paid less than the minimum wage for it. It is obvious that ordinarily no one would willingly supply labour or service to another for less than the minimum wage, when he knows that under the law he is entitled to get minimum wage for the labour or service provided by him. It may therefore be legitimately presumed that when a person provides labour or service to another against receipt of remuneration which is less than the minimum wage, he is acting under the force of 3 (1982) 3 SCC 235
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NC: 2025:KHC:7679 WP No.35747 of 2019 some compulsion which drives him to work though he is paid less than what he is entitled under law to receive..."
36. Keeping such observations in mind, in the present case admittedly, the petitioners have worked continuously for various lengths of time as evidenced from the proceedings at Annexure-J. The fact that they have been working with the hope of their posts being admitted to grant-n-aid is evidenced from the statements. In terms of Annexure-J, the petitioners are stated to have worked in the respondent - Institution as follows:
NAME OF PETITIONER NAME OF INSTITUTION DURATION OF SERVICE K.R. Vishwanath T.S. Subbanna Public High 2005-2011 School, Poorigali T.S. Subbanna Public High 2011-2015 School, Vidyaranyapuram T.S. Subbanna Public High 2015-2018 School, Chamundibetta Shivakumar K.M. T.S. Subbanna Public High 02/01/2006 - June 2014 School, Kagalavadi T.S. Subbanna Public High 2014 - 06/14/2016 School, Poorigali T.S. Subbanna Public High June 2016 - 15/08/2018 School, Mamballi
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WP No.35747 of 2019
S. Manjegowda T.S. Subbanna Public High 05/06/2008 - 18/08/2018
School, Kyatanahalli
K.C. Pradeep T.S. Subbanna Public High 08/08/2009 - 31/07/2018
Kumar School, Talakadu
K.M. Jagadeesh T.S. Subbanna Public High 10/06/2010 - 11/11/2012 & School, Vaddagere 01/06/2013 - 10/08/2018 T.S. Subbanna Public High 12/11/2012 - 09/01/2013 School, Kalale T.S. Subbanna Public High 10/01/2013 - 14/04/2013 School, Hura Smt. Sindhu. P T.S. Subbanna Public High 14/02/2012 - January 2013 & School, Poorigali June 2013 - April 2014 & 01.06.2016 - 08.08.2018 T.S. Subbanna Public High February 2013 - April 2013 School, Talakadu T.S. Subbanna Public High November 2014 - 31.03.2015 School, Tayuru T.S. Subbanna Public High 12/07/2015 - 31.03.2016 School, Hagara Mambhalli Siddaraju. R. T.S. Subbanna Public High 01/07/2013 - 30/08/2018 School, Poorigali Rachanayak T.S. Subbanna Public High 24/09/2013 - June, 2014 School, Kagalwadi T.S. Subbanna Public High July, 2014 - August, 2018 School, Hura
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NC: 2025:KHC:7679 WP No.35747 of 2019 Smt. Rukminiamma T.S. Subbanna Public High 26/09/2016 - 08/08/2018 School, Kagalwadi Nandeesh Nayak. T.S. Subbanna Public High 15/07/2014 - 10/07/2018 K.O. School, Poorigali T.S. Subbanna Public High 10/07/2018 - 21/08/2018 School, Talakadu Manjunatha K.A. T.S. Subbanna Public High 17/07/2013 - 15/08/2018 School, Talakadu Smt. Manjula.R T.S. Subbanna Public High 25/08/2012 - 31/03/2018 School, Tayuru
37. In light of the law enunciated in the PUDR (supra), labour rendered without free will at meager wages with an expectation that their posts would be admitted to grant-in-aid would fall squarely in the ambit of forced labour contemplated under Article 23 of the Constitution of India.
38. Insofar as the compensation to the petitioners for work rendered at Rs.500/- per month which is below the minimum wage fixed, the petitioners are entitled for compensation without reference to the financial position of the respondent Institution. When violation of rights
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NC: 2025:KHC:7679 WP No.35747 of 2019 conferred under Article 23 of Constitution is established, the financial stringency cannot be a consideration to tie the hands of the Court from directing the Institution to compensate the petitioners adequately. In this context the observations of the Apex Court in Kapila Hingorani v. State of Bihar4 is of relevance and are hereunder:-
"65. Financial stringency may not be a ground for not issuing requisite directions when a question of violation of fundamental right arises. This Court has been highlighting this aspect in the matters concerning fundamental rights and maintenance of ecology. [See Rural Litigation and Entitlement Kendra v. State of U.P. [1986 Supp SCC 517 : AIR 1987 SC 359] , Municipal Council, Ratlam v. Vardichan [(1980) 4 SCC 162 : 1980 SCC (Cri) 933] and B.L. Wadehra (Dr) v. Union of India [(1996) 2 SCC 594 : AIR 1996 SC 2969] .] In All India Imam Organization v. Union of India [(1993) 3 SCC 584] this Court held: (SCC p.
589, para 6)
6. ... Much was argued on behalf of the Union and the wakf boards that their financial position was not such that they can meet the obligations of paying the imams as 4 (2003) 6 SCC 1
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NC: 2025:KHC:7679 WP No.35747 of 2019 they are being paid in the State of Punjab. It was also urged that the number of mosques is so large that it would entail heavy expenditure which the boards of different States would not be able to bear. We do not find any correlation between the two. Financial difficulties of the institution cannot be above fundamental right of a citizen......."
39. Accordingly, the relief is to be moulded by directing the respondent No.1 i.e., the Institution to pay to the petitioners the wages on par with the minimum of Pay Scale of regularly engaged employees holding the post admitted to grant-in-aid, for the period of work as found in the proceedings at Annexure-J which has been elicited in the Table supra at Paragraph No.36. Such direction is issued taking note of the law laid down by the Apex Court in State of Punjab and others v. Jagjit Singh and others5, while dealing with the payment of employees on the principle of "Equal Pay for Equal Work." 5 (2017) 1 SCC 148
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NC: 2025:KHC:7679 WP No.35747 of 2019
40. Respondent No.1 is to make payment as directed in Paragraph No.39 for the period that they have worked as determined in the proceedings at Annexure-J within a period of three months from today.
In light of the discussion made hereinabove, the writ petition is disposed off.
Sd/-
(S SUNIL DUTT YADAV) JUDGE VGR/VP