Karnataka High Court
Kanakanagouda S/O Muppanagouda Goudar vs The State Of Karnataka on 8 February, 2012
Author: Ajit J Gunjal
Bench: Ajit J Gunjal
WPs No.6751743/2O1 1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
TH
8
DATED THIS THE DAY OF FEBRUARY, 2012
BEFORE
THE HON'BLE MR.JUSTICE AJIT JGUNJAL
WRIT PETITIONS No.67517-43/2011 (S-REG)
BETWEEN:
SRI.KANAKANAGOUDA
5/0 MUPPANAGOUDA GOUDAR
Age:34 YEARS
OCC:ASSISTANT TEACHER,
NEW GIRLS HIGH SCHOOL MUDHOL,
TQ:MUDHOL, DIST:BAGALKOT.
2. SMT.SHAILAJA MALIYAPPA SONAR
Age:48 YEARS, OCC:ASSISTANT TEACHER,
NEW GIRLS HIGH SCHOOL,
TQ:MUDHOL, DIST:BAGALKOT
S. SRI.MALLIKARJUN CHANNABASAYYA
GOVINDAPURMATH
AGE:34 YEARS, OCC:ASSISTANT TEACHER,
RMG COMPOSITE JUNIOR COLLEGE
MUDHOL, TQ:MUDHOL, DIST:BAGALKOT
4, SRLRAVI BASAPPA TIPPANNA\JAR
Age:35 YEARS, OCC:ASSISTANT TEACHER
STATE JUNIOR COMPOSITE COLLEGE
RAMDURG, TQ:RAMDURG
DIST: BELGAUM
WPs No. biD 17-43/2011
5. SRLSHARANAPPA SIDLINGAPPA MATH
Age:41 YEARS, OCC:ASSISTANT TEACHER
SANGAMESHWAR HIGHER SECONDARY SCHOOL
KUDAL SANGAM, TQ:HUNAGUND
DIST: BAGALKOT
. SMTSAVITA SANGAPPA PAT1TD
Age:32 YEARS, OCC:ASSISTANT TEACHER
R.M.G COMPOSITE JUNIOR COLLEGE
MUDHOL, TQ:MUDHOL, DIST:BAGALKOT
7. SRLRUDRANAND GURUSIDDAYYA HIREMATH
Age:38 YEARS, OCC:ASSISTANT TEACHER
BASAVESHWAR COMPOSITE JUNIOR COLLEGE
BAGALKOT, TQ & DIST:BAGALKOT
iv1T Uugii 14tSTcAppA 4J
8
fEERAMMAMALIYAPPAHALLI
Age:43 YEARS, OCC:ASSISTANT TEACHER
BASAVESHWAR COMPOSITE JUNIOR COLLEGE
BAGALKOT, TQ & DIST:BAGALKOT
.
SRI.SHIVANAND MALLAPPA JALIHAL
OzQi9 LLt Age:37 YEARS, OCC:ASSISTANT TEACHER
BASAVESHWAR COMPOSITE JUNIOR COLLEGE
BAGALKOT, TQ & DIST:BAGALKOT
IA I NARASIMHA BALABHIMA SUNADOLLI
Age:47 YEARS, OCC:ASSISTANT TEACHER
BASAVESHWAR COMPOSITE JUNIOR COLLEGE
C' BAGALKOT, TQ & DIST:BAGALKOT
C SMT.HUCHCHESH BASAPPA MADIWALAR
Age:40 YEARS, OCC:ASSISTANT TEACHER
BASAVESHWAR COMPOSITE JUNIOR COLLEGE
BAGALKOT, TQ & DIST:BAGALKOT
17. SMTSHEETAL SUBHAS UJALAIV1BE
AQe:34 YEARS. OCC:ASSISTANT TEACHER
NEW GIRLS HIGH SCHOOL MUDHOL
WPs No.67517-43/2011
:3:
TQ:MUDHOL, DIST:BAGALKOT
13. SRLDHUSAPPA PARASAPPA LAKSHAPATI
Age:40 YEARS, OCC:ASSISTANT TEACHER
BASAVESH WAR COMPOSITE JUNIOR COLLEGE
VIDYAGIRI, BAGALKOT
TQ & DIST:BAGALKOT
14. SRI.PRASHANT BASAVARAJ MODI
Age:32 YEARS, OCC:ASSISTANT TEACHER
R.M.G COMPOSITE JUNIOR COLLEGE
MUDHOL, TQ:MUDHOL DIST:BAGALKOT
15. SMT.MAN)ULA SHANKAR JADHAV
Age:34 YEARS, OCC:ASSISTANT TEACHER
NEW GIRLS HIGHER SECONDARY SCHOOL
RAMDURG, TQ:RAMDURG
DIST: BELGAUM
16. SRI.RAMESH MOTILAL PAMMAR
Age:35 YEARS, OCC:ASSISTANT TEACHER,
BASAVESHWAR COMPOSITE JUNIOR COLLEGE
BAGALKOT, TQ & DIST:BAGALKOT
17. SRLRAMESH GOPALRAO KULKARNI
Age:39 YEARS, OCC:ASSISTANT TEACHER
BASAVESHWAR COMPOSITE JUNIOR COLLEGE
VIDYAGIRI, BAGALKOT
TQ & DIST:BAGALKOT
18. SMT.VEERAMMA BASANAGOUDA PATIL
Age:35 YEARS, OCC:ASSISTANT TEACHER
BASAVESHWAR COMPOSITE JUNIOR COLLEGE
BAGALKOT, TQ & DIST:BAGALKOT
39. SMT.VIJAYALAXMI ISHWARAYYA MATH
Age:29 YEARS, OCC:ASSISTANT TEACHER
R.M.G COMPOSITE JUNIOR COLLEGE
WPs No.67517-43/2011
:4:
TQ: MUDHOL, DIST: BAGALKOT
20. SMT.GIRIJA VIRUPAXAPPA DASHAMANI
Age:36 YEARS, OCC:ASSISTANT TEACHER
R.M.G COMPOSITE JUNIOR COLLEGE
MUDHOL,TQ: MUDHOL DIST: BAGALKOT
21. SMT.SAVITA MAHESHWAR HIREMATH
Age:29 YEARS, OCC:ASSISTANT TEACHER
NEW GIRLS HIGHER SECONDARY SCHOOL
RAMDURG, TQ:RAMDURG
DIST: BELGAUM
22. SMT.RENUKA BASAPA SUNKAD
Age:39 YEARS, OCC:ASSISTANT TEACHER
BASAVESHWAR COMPOSITE JUNIOE COLLEGE
BAGALKOT, TQ & DIST:BAGALKOT
23. SRI.KADAPPA GURUPADAPPA VANDAL
Age:33 YEARS, OCC:ASSISTANT TEACHER
NEW GIRLS HIGHER SECONDARY SCHOOL
4 j1(AMI5UkG, TQ:RAMDURJ MVDNOL., NUNIoJ... TI,
*cmvthJ DIST:BELGAUM J &A4iJcVi e1:&t
wl cuvk \
O)4JLL'-QLJ 24. SRI.RAGHAVENDRA VENKATESH
f Age:30 YEARS, OCC:ASSISTANT TEACHER
T .9 .,
°"
,
NEW GIRLS HIGHER SECONDARY SCHOOL
4 RAMDURG, TQ:RAMDURG, DIST:BELGAUM
($4.JJ) 25. SRI.JAGADISH GADIGEPPA ANGADI
Age:31 YEARS, OCC:ASSISTANT TEACHER,
NEW GIRLS HIGHER SECONDARY SCHOOL
RAMDURG, TQ:RAMDURG DIST:BELGAUM
26. SMT.UMA BALAPPA GIRIJA
Age:41 YEARS, OCC:ASSISTANT TEACHER
SANGAMESHWAR HIGHER SECONDARY SCHOOL
KUDAL SANGAM, TQ:HUNAGUND
WPs No.6751743/2011
DIST: BAGALKOT
27. SRI.SUBHAS BASANAGOUDA PATIL
Age:42 YEARS, OCC:ASSISTANT TEACHER
STATE COMPOSITE JUNIOR COLLEGE, RAMDURG
TQ:RAMDURG, DIST:BELGAUM, PETITIONERS
(BY SRI.R.D.DESAI, ADV.)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
SECRETARY TO GOVERNMENT,
EDUCATION DEPARTMENT
M.S.BUILDING,BANGALORE-560 001
2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS
GOVERNMENT OF KARNATAKA
NRUPATUNGA ROAD, BANGALORE-560 001
*
THEtROF PUBLIC INSTRUCTIONS
GOVERNMENT OF KARNATAKA,fGARj
fL56o07 *
4. THE JOINT DIRECTOR OF PUBLIC INSRUCTIONS
BELGAUM DIVISION, BELGAUM.
5. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
BELGAUM
6. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
L*N BAGALKOT
SRI B V V SANGHA, BAGALKOT
REPRESENTED BY ITS CHAIRMAN
8. NEW GIRLS HIGHER SECONDARY SCHOOL
RAMDURG, TQ:RAMDURG
WPs No6751743/2O1 1
DIST: BELGAUM
REPRESENTED BY ITS HEAD MASTER
9. STATE COMPOSITE JUNIOR COLLEGE
RAMDURG, TQ:RAMDURG, DIST:BELGAUM
REPRESENTED BY ITS PRINCIPAL
10. NEW GIRLS HIGH SCHOOL MUDHOL
TQ:MUDHOL, D1ST:BAGALKOT
REPRESENTED BY ITS HEAD MASTER
11. RMG COMPOSITE JUNIOR COLLEGE
MUDHOL, TQ:MUDHOL, DIST:BAGALKOT
REPRESENTED BY ITS PRINCIPAL
12. BASAVESH WAR COMPOSITE JUNIOR COLLEGE
BAGALKOT, TQ & DIST:BAGALKOT
REPRESENTED BY ITS PRINCIPAL
13. BASAVESH WAR COMPOSITE JUNIOR COLLEGE
VIDYAGIRI, BAGALKOT
TQ & DIST:BAGALKOT
REPRESENTED BY ITS PRINCIPAL
14. SANGAMESH WAR HIGHER SECONDARY SCHOOL
KUDAL SANGAM, TQ:HUNAGUND
REPRESENTED BY ITS HEAD MASTER
RESPONDENTS
(BY SMLMEGHA CKOLEKAR, HCGP FOR RI TO 6)
THESE PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO REGULARIZE THE SERVICES
OF THE PETITIONERS OR IN ALTERNATIVE DIRECT THE
RESPONDENTS TO NOTIFY THE VACANCIES FOR
RECRUITMENT AND FURTHER DIRECT THE RESPONDENTS TO
CONSIDER THE CASE.S OF THE PETITIONERS FOR GRANTING
SERVICES WEIGHTAGE IN THE RECRUITMENT BY ALLOWING
THE PETITIONERS TO PARTICIPATE IN THE PROCESS OF
WPs No.67517-43/2011
:7:
SELECTION, AS LAID DOWN BY THIS HON'BLE COURT IN
KANAVI's CASE AND ETC.,
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Smt.Megha C.Kolekar, learned High Court Government pleader is directed to take notice for respondents No.1 to 6.
2. It is brought to my notice that the subject matter of these writ petitions is covered by a series of Writ Petitions filed before this Court; first before the Division Bench and another before the learned Single Judge. The identically placed teachers were before this Court in W.Ps.No.39642 to 39649/2000 and connected matters. The said Writ Petitions were decided on 12.04.2001 following the Division Bench ruling in W.A.No.675/1994 decided on 29.10.1996.
WPs No.67517-43/2011 :8:
3. Indeed, the learned Single Judge while disposing of the Writ Petitions No.39642 to 39649/2000 and connected matters has observed thus:
"3. If the petitioners are working as against the sanctioned posts, the respondents- Managements have to regularise the services of the petitioners in view of the judgment referred to by the petitioners in Writ Appeal No.675/1994. Following the said decision, the respondents-Managements, after obtaining permission from the Government, to make arrangements to regularise the services of the petitioners as against the sanctioned posts giving due weightage to their services rendered in the respective posts. If the petitioners are not working as against the sanctioned posts, the respondents Managements should be prepared to notify the vacancies and fill up the same giving due weightage as per the direction given in the said appeal.
WPs No67517-43/2O1 1 :9:
4. If any such representation is filed by the respective respondents-Managements, the Government shall consider such representation within three months from the date of receipt of the same."
4. Even though if the Managements in the present proceedings have not been informed 1 a copy of this order shall be furnished by the petitioners to their respective Managements and the Managements shall make representations in terms of the order passed by this Court in this Writ Petitions as well as in the Writ Appeal. With the above observations, petitions stand disposed of accordingly.
Smt.Megha C.Kolekar, learned HCGP is permitted to file memo of appearance within four weeks.
Sd/ UDG