Allowed

Sri. Ashok Hegde v. the State of Karnataka

Karnataka HC18 Dec 2023WP/59153/2015

Case brief

AI extract

What is this about?

This writ petition challenged orders rejecting the petitioner's appointment as a Sanskrit teacher due to lack of government permission for vacant posts. The Court quashed the rejection orders and directed respondents to reconsider the appointment in light of subsequent Government approvals, allowing the petition.

What did the court decide?

Impugned orders dated 23.03.2015 and 29.04.2014 were quashed; respondents directed to reconsider appointment within two months.

Sri. Ashok Hegde Vs the State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2023)

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1 - NC: 2023:KHC:46114 WP No. 59153 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON’BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 59153 OF 2015 (S-RES)

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BETWEEN:

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SRI. ASHOK HEGDE S/O SRI KALAKARA HEDGE AGED ABOUT 42 YEARS, R/AT NEAR ANANTHAPADMANABHA TEMPLE, PANIYADI, KUNJIBETTU, UDUPI-576102

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…PETITIONER

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(BY SRI. PRASANNA V R., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP BY SECRETARY, DEPT OF EDUCATION, M S BUILDING, BENGALURU-560001.

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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THE COMMISSIONER OF PUBLIC INSTRUCTIONS/ APPELLATE AUTHORITY DEPT OF EDUCATION, STATE OF KARNATAKA NRUPATHUNGA ROAD, BENGALURU-560001.

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS UDUPI DISTRICT, UDUPI-576101.

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THE BLOCK EDUCATION OFFICER

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NC: 2023:KHC:46114 WP No. 59153 of 2015

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UDUPI DIVISION, UDUPI-576101.

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SMSP SNASKRI COLLEGE- HIGH SCHOOL UDUPI, UDUPI DISTRICT-576101 REPRESENTED BY ITS SECRETARY.

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…RESPONDENTS

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(BY SRI.PRINCE ISSAC, AGA FOR R-1 TO R-4; SRI.G.RAVISHANKAR SHASTRY, ADVOCATE FOR R-5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOQUASH THE ORDER DATED.23.3.2015 IN APPEALNO.18/2014 PASSED BY THE R-2 COMMISSIONER FOR PUBLIC INSTRUCTIONS/APPELLATE AUTHORITY AND ALSO ENDORSEMENT DATED.29.4.2014 ISSUED BY THE R-3 REJECTING THE PROPOSAL FOR APPOINTMENT OF THE PETITIONER FOR THE POST OF SANSKRIT TEACHER, VIDE ANNEXURE-A & B RESPECTIVELY, ETC.

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

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ORDER

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The request of the respondent-Institution to approve

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the appointment of the petitioner was rejected by the impugned orders on the ground that the Government had not granted permission to fill up the posts which had fallen vacant from 31.12.2008 till 31.12.2015.

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3 - NC: 2023:KHC:46114 WP No. 59153 of 2015

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The learned Additional Government Advocate places

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on record the Government Order dated 18.07.2017 and 25.09.2018, by which the Government had accorded its approval for filling up of the vacancies which have occurred between 01.01.2013 to 31.12.2015.

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In view of this Government Order, the respondents will have to re-consider the issue of approving the appointment of the petitioner, since the Government has now accorded approval for filling up of the vacancies which have fallen vacant during the period from 01.01.2013 and the claim of the petitioner for being appointed arose on the vacancy created on 31.05.2013 when one Sri.Ramana Bhat had retired.

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The said re-consideration shall be undertaken and completed within a period of two months from the date of receipt of a copy of this order.

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NC: 2023:KHC:46114 WP No. 59153 of 2015

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In the light of the above, the impugned order dated 23.03.2015 at Annexure ‘A’ and the Endorsement dated

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29.04.2014 at Annexure ‘B’ shall stand quashed .

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The writ petition is accordingly allowed .

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Sd/JUDGE

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RK List No.: 1 Sl No.: 52

Sri. Ashok Hegde v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Ashok Hegde v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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