Writ Appeal No. 197 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:3949-DB WA No. 197 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE S RACHAIAH WRIT APPEAL NO. 197 OF 2024 (S-RES) BETWEEN: SRI.PUTTASWAMY, S/O SRI. BOJAIAH, AGED ABOUT 61 YEARS, R/AT NO. 70, SANJEEVINI NILAYA, 6TH ‘A’ CROSS, WARD NO.9, T.DASARAHALLI, BANGALORE-560 057. (BY SRI.SRIKANTH M P., ADVOCATE) AND: 1. 2. THE STATE OF KARNATAKA, BY ITS SECRETARY TO GOVERNMENT, PRIMARY AND SECONDARY EDUCATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. THE DEPUTY DIRECTOR TO THE GOVERNMENT AND APPALLATE AUTHORITY, PRIMARY AND SECONDARY EDUCATION, M.S.BUILDING, Digitally signed by K G RENUKAMBA Location: High Court of Karnataka …APPELLANT - 2 - NC: 2025:KHC:3949-DB WA No. 197 of 2024 3. 4. 5. 6. DR.AMBEDKAR VEEDHI. BANGALORE-560 001. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, PRIMARY AND SECONDARY EDUCATION, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K.R.CIRCLE, BANGALORE-560 001. THE DIRECTOR OF PUBLIC INSTRUCTIONS, SECONDARY EDUCATION, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K.R.CIRCLE, BANGALORE-560 001. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, BANGALORE SOUTH DISTRICT, KALASIPALAYAM, BANGALORE-560 052. THE BLOCK EDUCATION OFFICER, SOUTH RANGE-II, TULASITHOTA, POORNAIAH CHOULTRY, COTTON PET, BANGALORE-560 053. 7. CENTRAL MUSLIM
Legal Reasoning
14. So we are of the view that, in the facts of this case no interference is called for with the ultimate decision of the learned Single Judge in
Arguments
ASSOCIATION OF KARNATAKA, ABBAS KHAN COLLEGE CAMPUS, O.T.C. ROAD CROSS, BANGALORE-560 002. 8. SRI R.B. JALEEL SAB, C/O SRI RAMESH, - 3 - NC: 2025:KHC:3949-DB WA No. 197 of 2024 BAR STREET, KANAKAPURA ROAD, DODDA KALLASANDRA BANGALORE-560 062. (BY SMT.SHWETHA KRISHNAPPA, AGA FOR R1 TO R6) …RESPONDENTS THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 18.11.2023 PASSED IN W.P.NO.45368/2013(S-RES) OF THE LEARNED SINGLE JUDGE AND PASS ANY ORDER OF CONSEQUENTIAL RELIEF OR ANY OTHER APPROPRIATE ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO AND HON'BLE MR JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) This intra-court appeal has been filed by the appellant challenging the order of the learned Single Judge dated 18.11.2023 passed in WP No.45368/2013, whereby the learned Single Judge has dismissed the writ petition filed by the appellant. - 4 - NC: 2025:KHC:3949-DB WA No. 197 of 2024 2. The petitioner had filed the writ petition primarily challenging the dismissal of the Revision Petition No.2/2010 (ED 18 SEW 2010) filed under Sections 131 and 132 of the Karnataka Education Act, 1983. 3. The revision petition was filed by the appellant laying challenge to the action of the respondents holding that the appellant is not eligible to the post of Kannada Teacher. The Revisional Authority has concluded as under: - “ORDER 5) The petitioner has submitted the application for Kannada Associate Teacher post for which recruitment Respondent -5 notification of institution has been published in the newspaper on date: 5-2-2003. Applicant has studied Economics, Political Science, Geography as optional subject in BA degree. The said has passed in Kannada Rathna exam conducted by Kannada Sahithya Parishad and obtained MA degree on date: 10-11-2006. 6) As per the Notification No: DPAR 59 SRE 2002 dated; 24.06.2003 the amendment has been made to the (Amendment) Rules of dated: 21.10.1991 and fixed the revised education qualification. The following education qualification has been fixed for remaining teachers. "For language Assistants: - - 5 - NC: 2025:KHC:3949-DB WA No. 197 of 2024 (a) Must be holder of a bachelor's degree in arts with the concerned language as one of the optional subjects, namely Kannada, English, Urdu, Hindi, Marathi, Telugu, Tamil and Sanskrit or 4 years language Pandit course in Kannada, Vidwan in Sanskrit and Urdu Munshi conducted by the Karnataka Secondary Education Examination Board. AND (b) Must be holder of a Degree in Education Provided in case of a bachelor's degree holder who has studied the concerned language as optional subject at the degree level he shall be considered eligible if the concerned candidate: (a) is holder of post Graduate degree in the concerned language 7) As per the recruitment rule, even though not studied Kannada as optional in Bachelor of Arts degree, since even though there is provision to consider having MA degree in Kannada, since petitioner does not have the MA degree to the date: 5-2-2003 for the recruitment notification to the Kannada teacher, it is not possible to consider their appointment. On the whole, since petitioner does have prescribed education qualification at the time of appointment notification, the appeal has been dismissed by justifying the rejection of appointment of petitioner on date: 21-05-2003 by Respondent-2 that petitioner is not eligible for the post. 8) This order has been issued in excise of powers of conferred in amendment order in Government notification No: ED 23 Vi Dha 2009 dated: 15-5-2009, 22-5-2009 and dated: 15-6-2009.” - 6 - NC: 2025:KHC:3949-DB WA No. 197 of 2024 4. The learned Single Judge has dismissed the petition by holding in Paragraph-4 onwards as under: - “4. It is the contention of the petitioner that the recruitment process was initiated in the month of January 2003 and he was, in fact, appointed in the month of March 2003 and the said amendment would be of no avail. 5. Though, in the normal circumstances, this plea could have been entertained, having regard to the fact that the petitioner had already attained the age of superannuation, as of now, in my view, no useful purpose would be served by entertaining the petition. 6. It has to be noticed here that even if the contention of the petitioner is accepted, the question of recruiting him in place of respondent No.8 and continuing him in service would not arise at this point in time. 7. In light of the above, I am of the view that there is no need to entertain this writ petition. The writ petition is, therefore, dismissed.” 5. From the above, it is noted that the writ petition has been dismissed by the learned Single Judge keeping in view the fact that, the petitioner has attained the age of superannuation and also the challenge is primarily related to the recruitment - 7 - NC: 2025:KHC:3949-DB WA No. 197 of 2024 process initiated in the month of January 2003 and appointed in the month of March 2003. 6. The case of the appellant before the learned Single Judge was that the appellant having qualified the Kannada Rathna Examination conducted by the Kannada Sahitya Parishat and he being a Graduate and B.Ed., even if he did not have Kannada as a subject in the Graduation, still he will qualify to the post of Kannada Teacher. In support of his submission, he had relied upon various documents including a document/certificate of the Kannada Rathna to contend that passing of Kannada Rathna examination is an eligibility to do Master of Arts (MA) in Kannada and as such, it cannot be said that the appellant was not qualified. Even before us Mr.Srikanth.M.P. Advocate for the appellant states that the ground on which the Revisional Authority has rejected his revision petition is that, the petitioner is not a Post Graduate. He states that, in - 8 - NC: 2025:KHC:3949-DB WA No. 197 of 2024 the year 2009, the petitioner has secured MA degree and as such, he was eligible. According to him this fact needs to be considered by this Court for granting the relief in favour of the appellant. His submission is also by relying upon Recruitment Rules that, even if the appellant did not had Kannada as an optional subject in Graduation, as he has studied Kannada as one of the subjects in SSLC, the same entails eligibility to the appellant to the post of Kannada Teacher. Hence, the disengagement of the appellant by the respondents on the ground that the appellant is not eligible, is totally untenable. He states that, though the appellant has attained the age of superannuation, his appointment must be deemed to have been continued as Kannada Teacher and he be granted all the benefits from the date of appointment, till his attaining the age of superannuation. - 9 - NC: 2025:KHC:3949-DB WA No. 197 of 2024 7. In support of his contention, he has also relied upon the judgment of the learned Single Judge of this Court in the case of D. Srinivasa Vs. State of Karnataka and others (Writ Petition No.9360/2008 D/D 28.02.2011) to contend that the Bachelor of Arts (BA) with Kannada as a second language is an eligibility to the post of Kannada Teacher. He also contends that, in terms of the Kannada Education Act-1983, the Recruitment Rules framed by the State Government even for the private aided schools, are required to be followed scrupulously and the appellant being eligible under the Recruitment Rules, his appointment could not have been cancelled. 8. On the other hand, the learned AGA appearing for the Respondent-State would contest the appeal by stating that, in terms of the advertisement issued by the State, it is clear that a candidate for Kannada Teacher Post shall possess the - 10 - NC: 2025:KHC:3949-DB WA No. 197 of 2024 degree of BA., B.Ed., with Kannada Major or Kannada Pandit. In other words, a candidate should have studied Kannada at the Graduation level or four years of study as Kannada Pandit and since the appellant has not studied Kannada as a major/optional subject in Graduation and has not done four years course of Kannada Pandit, he was ineligible and his disengagement as Teacher is justified. That apart, the State is required to ensure the Recruitment Rules framed for posts are scrupulously followed and are not violated, as any violation would be contrary to the public interest. 9. Having heard the learned counsel for the parties, the short issue which arises for consideration is, whether the learned Single Judge is justified in dismissing the petition primarily on two grounds that the appellant has challenged the recruitment process/appointment initiated/culminated in the month of January/March 2003 and also that the - 11 - NC: 2025:KHC:3949-DB WA No. 197 of 2024 appellant has attained the age of superannuation and it is too late in the day to grant any relief in favour of the appellant. 10. At the out set, we may state here that, Mr. Srikanth, the learned counsel for the appellant has drawn our attention to various litigations initiated by the appellant herein in respect of his appointment as Kannada Teacher. According to him, the Revision Petition having been dismissed only in the year 2013, the appellant had immediately approached the Writ Court in the same year, so, there was no delay in approaching the court, is appealing. 11. The pendency of the petition since the year 2013, which was finally decided by the learned Single Judge on 18.11.2023 cannot be a ground, to not consider the case of the appellant on merits. That apart, it is his submission that the appellant fulfills the eligibility condition and there is no reason that the appellant having been appointed as Kannada - 12 - NC: 2025:KHC:3949-DB WA No. 197 of 2024 Teacher, should be disengaged. He should have been allowed to continue on the post, till he attained the age of superannuation. In support of his submission, he has drawn our attention to the Recruitment Rules of the year 1991, which we re-produce as under:- “For Direct recruitment and for promotion:- (a) (i) for Arts:- (1) Must be holder of a degree in Arts with any of the following subjects, as optionals namely, History, Economics, Geography, Political Science, Philosophy, Sociology. (2) Must have studied at degree level the language of the medium in which he is supposed to teach; (ii) For Science:- (1) Must be holder of a degree in Science with any of the following subjects as optional namely Physics, Chemistry, Mathematics, Botany and Zoology. (2) Must have studied at degree level the language of the medium in which he is supposed to teach. (iii) for language:- - 13 - NC: 2025:KHC:3949-DB WA No. 197 of 2024 (1) Must be holder of degree in Arts with any of the following major subjects as optionals namely:- English, Kannada, Hindi, Urdu, Marathi, Telugu and Tamil on equivalent examination of four years language Pandit Course in Kannada, Urdu, Hindi or other language from on institution, recognized by Government. (2) In case of candidates who have not studied Kannada at the degree level, he must have studied Kannada as first or second language at SSLC level. (3) Must be able to teach in the language of the Medium in which he is supposed to teach in English medium; and b) c) Must be holder of Degree in Education Age: Must have attained the age of 20 years, but not have attained the age of (i) Forty five years if he belongs to Scheduled Caste/ Scheduled Tribe.” 12. A perusal of the Recruitment Rules do indicate that a person who has not studied Kannada in the Graduation, shall still be eligible, if he has studied Kannada as First or Second Language at SSLC. It is the case of the appellant as contended by - 14 - NC: 2025:KHC:3949-DB WA No. 197 of 2024 Mr. Srikanth that, the appellant had studied Kannada as Second Language at SSLC. 13. But what is important is, after the petitioner was disengaged, the Respondent No.5 has been appointed. On a specific query to Mr. Srikanth whether it is correct that relief can be granted to the appellant only by dislodging Respondent No.5, his answer is in affirmative. In other words, unless appointment of Respondent No.5 is set aside, the appellant cannot be given the appointment as Kannada Teacher. It is a fact, the Respondent No.5 has put-in almost 13 years of service since his appointment as Kannada Teacher. That apart we note, the appellant was not eligible to the post of Kannada Teacher as per advertisement, and could not have even applied for the post. It is not known, despite not having the eligibility as per advertisement, how could he have applied for the post and recommended by the selection committee. - 15 - NC: 2025:KHC:3949-DB WA No. 197 of 2024 It must be held that the case of the appellant was considered erroneously.
Decision
dismissing the Writ Petition. 15. The appeal is dismissed. 16. In view of dismissal of this appeal, IA Nos. 1/2024 and IA No.2/2024 are also disposed of as infructuous. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (S RACHAIAH) JUDGE KGR* List No.: 1 Sl No.: 8