Disposed

Yashwanth S/O Rukmaiah Mesta v. State of Karnataka

Karnataka HC14 Dec 2022WP/100909/2017

Case brief

AI extract

What is this about?

In a writ petition under Articles 226 and 227 of the Constitution, the petitioner sought approval for his appointment as a Physical Education Teacher since 1998. The court directed the private managing committee to send a proposal for approval to the government authorities, setting strict timelines for subsequent administrative action.

What did the court decide?

Directed Respondent No. 6 to send a proposal for approval of petitioner's appointment to Respondents 2-4 within two months. Direct Respondent No. 4 to consider and pass an order within three months.

Yashwanth S/O Rukmaiah Mesta Vs State of Karnataka — Service and Employment | Karnataka HC (2022)

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WP No. 100909 of 2017

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 100909 OF 2017 (S-RES)

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BETWEEN:

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YASHWANTH S/O RUKMAIAH MESTA AGE: 42 YEARS, OCC: PHYSICAL EDUCATION TEACHER NEW ENGLISH MEDIUM SCHOOL, HONNAVAR, R/O. KELAGINAPALYA ROAD, HONNAVAR, DIST: UTTAR KANNADA.

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…PETITIONER

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(BY SRI. MAHESH WODEYAR, ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF EDUCATION, M.S. BUILDING, DR.B.R. AMBEDKAR VEEDHI, BENGALURU-02

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COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTINOS, NRUPATUNGA ROAD, BENAGALURU-01

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ADDL. COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTIONS, DHARWAD.

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WP No. 100909 of 2017

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DEPUTY DIRECTOR (ADMINISTRATIVE), DEPARTMENT OF PUBLIC INSTRUCTIONS, UTTAR KANNADA, KARWAR.

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BLOCK EDUCATION OFFICER, HONNAVAR, DIST: UTTAR KANNADA

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SECRETARY, NEW EDUCATION SOCIETY, HONNAVAR, DIST: UTTAR KANNADA.

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…RESPONDENTS

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(BY SRI. V.S.KALASURMATH, HCGP FOR R1 TO R5; SRI. VITTHAL S. TELI, ADVOCATE FOR R6)

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THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE

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CONSTITUTION OF INDIA PRAYING TO:- i) DIRECT TO THE RESPONDENTS 1-4 TO APPROVE THE APPOINT OF THE PETITIONER TO THE POST OF PHYSICAL EDUCATION TEACHER OR APPROVE THE APPOINTMENT OF PETITIONER MADE BY THE RESPONDENT NO.6 TO THE POST OF PHYSICAL EDUCATION TEACHER IN THE 6TH RESPONDENT INSTITUTION.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING , THIS DAY, THE COURT MADE THE FOLLOWING:

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WP No. 100909 of 2017

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ORDER

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Petitioner claims that he was appointed as Physical Education Teacher on 15.06.1998 against a sanctioned vacant post in the institution run by respondent No.6Management. Thereafter he was transferred to English medium school in view of the vacancy created on account of retirement of one Sri.K.D.Naik, who was working as Physical Education Teacher. The respondent No.6Institution instead of sending a proposal to approve the appointment of petitioner has sent proposal to accord approval for filling up the vacant of post of Physical Education Teacher. Hence, this petition.

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Heard learned counsels for the parties.

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It is undisputed that the petitioner was appointed to the sanctioned vacant post as Physical Education Teacher on 15.06.1998 in light of the recruitment notification dated 15.06.1998. The respondent No.6 having appointed the petitioner as Physical Education Teacher in light of the recruitment notification is under an obligation to send the

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WP No. 100909 of 2017

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proposal to the Government for the approval of his appointment of the petitioner having extracted his service for more than twenty years.

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Therefore, it is expedient to dispose of the writ petition directing the respondent No.6 to send a proposal with the respondent Nos.2 to 4 to approve the appointment of petitioner as Physical Education Teacher within a period of two months from the date of receipt of certified copy of this order, if such proposal is sent by the respondent No.6, the respondent No.4 is under an obligation to consider the proposal and pass an appropriate order in accordance with law within a period of three months from the date of proposal to be sent by the respondent No.6.

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Sd/JUDGE

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List No.: 2 Sl No.: 5

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Yashwanth S/O Rukmaiah Mesta v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Yashwanth S/O Rukmaiah Mesta v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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