Dismissed

The State Of Karnataka v. Namdev Parasharamm Patil

Karnataka HC4 Apr 2024WP/100706/2024

Case brief

AI extract

What is this about?

The State filed a writ petition to quash an Administrative Tribunal order directing it to review excess Marathi medium teachers and post them in Marathi medium schools rather than Kannada medium schools. The Tribunal allowed the teachers' plea citing language proficiency. The High Court dismissed the State's challenge, finding no infirmity in the Tribunal order.

What did the court decide?

The writ petition filed by the State of Karnataka to quash the Tribunal order was dismissed.

The State Of Karnataka Vs Namdev Parasharamm Patil — Service and Employment | Karnataka HC (2024)

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- 1 - NC: 2024:KHC-D:6137-DB WP No. 100706 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4^TH DAY OF APRIL, 2024

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PRESENT

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THE HON'BLE MR JUSTICE M.I.ARUN

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AND

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THE HON'BLE MR JUSTICE UMESH M ADIGA

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WRIT PETITION NO.100706 OF 2024 (S-KAT)

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BETWEEN:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS PRL. SECRETARY DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,

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VIDHANA SOUDHA, BENGALURU-560001.

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THE COMMISSIONER OF PUBLIC INSTRUCTION, NRUPATHUNGA ROAD, BENGALURU-560029.

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Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA

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THE ADDITIONAL COMMISSIONER, DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, RODDA ROAD, DHARWAD-580001.

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS BELAGAVI DISTRICT BELAGAVI-590001.

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THE BLOCK EDUCATION OFFICER, RURAL DIVISION BELAGAVI, DIST BELAGAVI-590001.

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THE BLOCK EUCATION OFFICER, KHANAPUR, BELAGAVI DIST BELAGAVI-590001.

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…PETITIONERS

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(BY SRI G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)

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2 - NC: 2024:KHC-D:6137-DB WP No. 100706 of 2024

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AND:

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NAMDEV PARASHARAMM PATIL, AGE: 49 YEARS, OCC: TEACHER, AT MHPS BASURTE UCHAGAON, R/O. LAXMI GALLI, BIKINKERE, DIST. BELAGAVI-59001.

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SHITAL PADMAKAR GOLE, W/O. AKSHAY ASHOK KULKARNI, AGE: 48 YEARS, OCC: ASSISTANT TEACHER, AT MHPS, BELGUNDI, R/O. TILAKWADI DIST. BELAGAVI-590001.

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SMT. SHRADHAR SURESH CHOUGULE PATIL W/O. RITESH JOTIBA KHADE, AGE: 39 YEARS, OCC: ASSISTANT TEACHER, AT MHPS, CHELVENAHATHI, R/O. KHASBAG, DIST. BELAGAVI-590001.

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YALLURKAR APPANNA S/O. HUVAPPA YALLURKAR, AGE: 45 YEARS, OCC: TEACHER, AT MHPS, HINDALGE, R/O. KAWALEWADI, BIJAGARNI, DIST. BELAGAVI-590001.

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RAJU TAKARAM YALLURKAR S/O. TUKARAM YALLURKAR, AGE: 44 YEARS, OCC: ASSISTANT TEACHER, AT MHPS, MATCHE, R/O. DHAMANE-3, DIST. BELAGAVI-590001.

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SMT. KURUNA RAGHUNAH PAWAR, W/O. SUDHIR BHARMA CHAVAN, AGE: 40 YEARS, OCC: ASSISTANT TEACHER, AT MHPS, KHIRWAL, R/O: KANGRALI (BK), DIST. BELAGAVI-590001.

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DEEPA JOTIBA PATIL W/O. SURESH, VISHNU BHAT KHANDE, AGE: 47 YEARS, OCC: ASSISTANT TEACHER,

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- 3 - NC: 2024:KHC-D:6137-DB WP No. 100706 of 2024

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AT MHPS, MANDOLI, R/O: TILAKWADI, DIST. BELAGAVI-590001.

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SMT. VANAMALA SHRIPATI BALEKUNDRI, W/O. GAJANAN SHANKAR DESAI, AGE: 36 YEARS, OCC: ASSISTANT TEACHER, AT MHPS, MUDRA, R/O: SHIVAJI NAGAR, KHANAPUR, DIST.BELAGAVI-590001.

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…RESPONDENTS

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(BY SRI ANAND R.KOLLI, ADV.FOR RESPONDENT NO.1, 3 TO 8) (NOTICE TO RESPONDENT NO.2 - SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL BELAGAVI BENCH IN APPLICATION NO.10531-10538/2023 BY ORDER DATED 12.07.2023 VIDE ANNEXURE-A.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, M.I.ARUN, J., MADE THE FOLLOWING:

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ORDER

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Aggrieved by the orders passed in Application Nos.10531 to 10538 of 2023, the respondent-State has preferred this writ petition.

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Respondents herein were recruited by the State Government as Teachers to teach in various subjects in Marathi medium schools up to 10^th standard. On the ground that there are excess Teachers in Marathi medium schools,

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4 - NC: 2024:KHC-D:6137-DB WP No. 100706 of 2024

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the respondents herein have been sought to be transferred to Kannada medium schools and posted there as Teachers. Aggrieved by the same, on the ground that they are conversant only with Marathi language and not with Kannada language and they are not able to teach in Kannada language, the respondents herein preferred Application Nos.10531 to 10538 of 2023. The Karnataka Administrative Tribunal, Belagavi Bench, Belagavi allowed the applications filed by the respondents herein with the following observation :

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“Having considered the rival contentions urged by the learned Counsel for the applicants as well as the learned AGA for the respondents, as there are Marathi medium schools in Belagavi district, the ends of justice will be met by disposing these applications by directing the DDPI to review the list of excess teachers. He should hold counseling to the applicants and post them to the available Marathi medium schools in Chikodi Education district. If there are no schools in Chikodi district, to consult with the DDPI of Belagavi district and to find out whether there are availability of Marathi medium schools in the neighbouring district and to pass suitable orders to post the

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- 5 - NC: 2024:KHC-D:6137-DB WP No. 100706 of 2024

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applicants to the available Marathi medium schools. The DDPIs of both the districts shall also consult the 2^nd respondent in this regard, if need arises. The entire process has to be completed within a period of one week from the date of receipt of certified copy of this order.”

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Aggrieved by the same, the present writ petition is

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filed by the State.

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Admittedly, the respondents have been recruited as Teachers to teach in various subjects in Marathi medium schools. They cannot be forced to teach in a language in which they are not familiar and not qualified as they being appointed in Kannada medium schools to teach in Kannada language, is not acceptable.

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For the aforesaid reason, we do not find any infirmity in the order passed by the Karnataka Administrative Tribunal. Hence, the writ petition is hereby dismissed.

Sd/-

JUDGE

Sd/JUDGE

CKK List No.: 1 Sl No.: 32

The State Of Karnataka v. Namdev Parasharamm Patil

Case brief

What is this about?

What did the court decide?

The State Of Karnataka v. Namdev Parasharamm Patil

Case brief

What is this about?

What did the court decide?

What the court decided

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