Karnataka High Court
The Chariman Taluk Shikshana Prasaraka vs Joing Secretary on 15 March, 2013
Bench: D.V.Shylendra Kumar, Huluvadi G.Ramesh
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
Dated this the 15th day of March, 2013
PRESENT:
THE HON'BLE MR JUSTICE D V SHYLENDRA KUMAR
AND
THE HON'BLE MR JUSTICE HULUVADI G RAMESH
Writ Appeal Nos.50263 of 2012 [S-RES]
C/w.
50286, 50488 of 2012[S-RES]
IN W.A. No.50263/2012:
BETWEEN:
SHANTHAGOUD
S/O. PADAMAGOUDA BIRADAR
AGED ABOUT 41 YEARS
OCC: LECTURER IN HISTORY
H.G.P.U. COLLEGE
SINDAGI
BIJAPUR DISTRICT - 586 101 ... APPELLANT
[BY M/S. G G CHAGASHETTI & I R BIRADAR, ADV.,]
AND:
1 THE JOINT SECRETARY &
APPELLANT AUTHORITY
GOVERNMENT OF KARNATAKA
DEPARTMENT OF PRIMARY &
SECONDARY EDUCATION
M S BUILDING
BANGALORE - 560 001
2
2 THE DIRECTOR
P.U. EDUCATION
DEPARTMENT
MALLESHWARAM
BANGALORE - 01
3 THE CHARIMAN
TALUK SHIKSHANA
PRASARAKA MANDALI [REG]
SINDAGI - 586 101
4 THE PRINCIPAL
H.G.P.U COLLEGE
SINDGI
BIJAPUR DISTRICT- 586 101
5 SMT. SNEHALATHA
PANDURANGA SHETTY
W/O. SHIVAKUMAR N SINDGI
AGED ABOUT 36 YEARS
CLAIM TO BE LECTURER IN
HISTORY, H G JUNIOR
COLLEGE, COLLEGE ROAD
SINDAGI
BIJAPUR DISTRICT ... RESPONDENTS
[BY SRI. MANAVENDRA REDDY, GA FOR R1 & R2;
SRI. HULEPPA HEROOR, ADV., FOR R3 & R4;
SRI. GOWRISH S KHASHAMPUR, ADV., FOR R5]
IN W.A. No.50286/2012:
BETWEEN:
1 THE CHARIMAN
TALUK SHIKSHANA
PRASARAKA MANDALI [REG]
SINDAGI - 586 101
3
2 THE PRINCIPAL
H.G.P.U COLLEGE
SINDGI
BIJAPUR DISTRICT- 586 101 ... APPELLANTS
[BY SRI. HULEPPA HEROOR, ADV.,]
AND:
1 THE JOINT SECRETARY &
APPELLANT AUTHORITY
GOVERNMENT OF KARNATAKA
DEPARTMENT OF PRIMARY &
SECONDARY EDUCATION
M S BUILDING
BANGALORE - 560 001
2 THE DIRECTOR
P.U. EDUCATION
DEPARTMENT
MALLESHWARAM
BANGALORE - 01
3 SHANTHAGOUD
S/O. PADAMAGOUDA BIRADAR
AGED ABOUT 41 YEARS
OCC: LECTURER IN HISTORY
H.G.P.U. COLLEGE
SINDAGI
BIJAPUR DISTRICT - 586 101
4 SMT. SNEHALATHA
PANDURANGA SHETTY
W/O. SHIVAKUMAR N SINDGI
AGED ABOUT 36 YEARS
CLAIM TO BE LECTURER IN
HISTORY, H G JUNIOR
4
COLLEGE, COLLEGE ROAD
SINDAGI
BIJAPUR DISTRICT - 586 101 ... RESPONDENTS
[BY SRI. MANAVENDRA REDDY, GA FOR R1 & R2;
M/S. G G CHAGASHETTI & I R BIRADAR, ADV., FOR R3;
SRI. GOWRISH S KHASHAMPUR, ADV., FOR R4]
IN W.A. No.50488/2012:
BETWEEN:
SMT. SNEHALATHA
PANDURANGA SHETTY
W/O. SHIVAKUMAR N SINDAGI
AGED ABOUT 36 YEARS
OCC: CLAIM TO BE LECTURER IN
HISTORY, H G JUNIOR
COLLEGE, COLLEGE ROAD
SINDAGI
BIJAPUR DISTRICT ...APPELLANT
[BY SRI. GOWRISH S KHASHAMPUR, ADV., ]
AND:
1 THE JOINT SECRETARY &
APPELLANT AUTHORITY
GOVERNMENT OF KARNATAKA
DEPARTMENT OF PRIMARY &
SECONDARY EDUCATION
M S BUILDING
BANGALORE - 560 001
2 THE DIRECTOR
P.U. EDUCATION
DEPARTMENT
MALLESHWARAM
BANGALORE - 560 001
5
3 THE CHAIRMAN
TALUK SHIKSHANA
PRASARAKA MANDALI [REG]
SINDAGI - 586 101
4 THE PRINCIPAL
H.G.P.U COLLEGE
SINDGI
BIJAPUR DISTRICT- 586 101
5 SHANTHAGOUD
S/O. PADAMAGOUDA BIRADAR
AGED ABOUT 36 YEARS
OCC: LECTURER IN HISTORY
H.G.P.U. COLLEGE
SINDAGI
BIJAPUR DISTRICT - 586 101 ... RESPONDENTS
[BY SRI. MANAVENDRA REDDY, GA FOR R1 & R2;
[BY SRI. HULEPPA HEROOR, ADV., FOR R3 & R4;
M/S. G G CHAGASHETTI & I R BIRADAR, ADV., FOR R5]
THESE WRIT APPEALS FILED U/S. 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED
22.2.2012 PASSED BY THE SINGLE JUDGE OF THIS COURT IN WP
NO.80562/2012 [S-RES] AND ETC.
THESE WRIT APPEALS COMING ON FOR FINAL HEARING,
THIS DAY, D V SHYLENDRA KUMAR J., DELIVERED THE
FOLLOWING:
6
JUDGMENT
IN W.A. No.50488/2012:
Sri. Manavendra Reddy, learned Government Advocate is directed to take notice for respondents 1 & 2 in this appeal. Other three respondents are represented by counsel in the connected appeals W.A. Nos.50263/2012, 50286/2012. Respective counsel appear in this appeal also and take notice for respondents 3, 4 and 5. IN W.A. Nos.50263, 50286 and 50488/2012:
2. All these appeals are directed against the order of the learned single Judge of this court dated 22.02.2012 passed in writ petition No.80562/2012.
3. The appellant in writ appeal No.50263/2012 was the writ petitioner and was aggrieved by an order passed by the Educational Appellate Tribunal in an appeal preferred by the fifth respondent in the writ petition and the appellant in writ appeal No.50488/2012. 7
4. Under this order, the Appellate Tribunal had set aside the appointment order made in favour of the writ petitioner - Mr. Shanthagoud and had directed the Management and the Government to appoint the appellant before it who is also appellant in writ appeal No.50488/2012 and fifth respondent in the writ petition.
5. The other two appeals are against the very order of the learned single Judge, but writ appeal No.50263/2012 is by the writ petitioner who is aggrieved that his appointment even now does not sustain as per the order of the learned single Judge, fresh appointment is directed to be made. Likewise, writ appeal No.50286/2012 is by the Management being aggrieved by the order of the learned single Judge as they could not get over the order passed by the Tribunal and could not defend their appointment.
6. A memo is placed before this court today signed by fifth respondent in writ appeal No.50263/2012 as also her 8 Advocate, and who is herself appellant in writ appeal No.50488/2012 reading as under:
"That the 5th respondent in the above writ appeal most respectfully submits as follows:
That, during pending consideration of the appeal before the appellate authority in No.ED168 DGW-2010 at Annexure-L, the 5th respondent was appointed as Lecturer in history in the 'Khed Degree College Bijapur'. The 5th respondent at present working in the said college, as such, she don't want to prosecute W.A. No.50488/2012 filed by her as against the appellant herein as well as against the respondents 1 to 4, as such, the order passed by the 1st respondent in case No.ED- 168 DGW-2010 dt.3.1.2012 and order of the learned single Judge dt:22/02/2012 in W.P. No.80562/2012 may kindly be set aside by allowing writ appeal No.50263/2012 and 50286/2012 and to dismiss writ appeal No.50488/2012, in the interest of justice and equity.
Hence this memo."
7. It is submitted by all counsel including counsel appearing for the signatory of the memo, namely, Snehalatha Pandurang Shetty that she having secured appointment as a Lecturer in History in Khed Degree 9 College, Bijapur, is not keen on questioning the order of appointment of the writ petitioner any more; that she would not press for any relief and therefore not only the order passed by the learned single Judge in writ petition No.80562/2012 may be set aside, but also the order passed by the appellate authority in ED-168 DGW-2010 dated 3.1.2012 may be set aside and the writ petitioner's appointment left undisturbed.
8. Smt. Snehalatha Panduranga Shetty is present before the court and has confirmed the contents of the memo. Writ petitioner - Shanthagoud is also present before the court and has indicated that the parties on their own have arrived at this settlement and a memo is placed by the fifth respondent in writ appeal No.50263/2012 before this court.
9. We have heard all counsel including Sri. Manavendra Reddy, learned Government Advocate who 10 appears for statutory respondents in these appeals, Sri. Huleppa Heroor, learned counsel appearing for the respondents - Management and Principal of the College in these appeals and so also Mr. Gowrish S Khashampur, learned counsel appearing for the signatory - Smt. Snehalatha Panduranga Shetty, Sri. I R Biradar, learned counsel for the writ petitioner and all counsel have indicated their consent and willingness for passing orders in terms of the memo.
10. In this view of the submission, memo is ordered. The order passed by the learned single Judge in writ petition No.80562/2012 is set aside, so also the order passed by the appellate authority in ED-168 DGW-2010 dated 3.1.2012 is set aside and appointment of the writ petitioner - appellant in writ appeal No.50263/2012 in the fourth respondent - College is left undisturbed. 11
11. Appeals are disposed of accordingly in terms of the memo and as indicated above.
Sd/-
JUDGE Sd/-
JUDGE AN/-