A part-time Lecturer in Sociology sought a mandamus directing State education authorities to consider her appointment against a vacant post, acting on the institution's resolution seeking approval for her appointment. The court allowed the petition and directed consideration within four weeks.
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NC: 2024:KHC-D:15258 WP No. 105291 of 2024
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 105291 OF 2024 (S-RES)
BETWEEN:
SMT. GEETA D/O. MELGIRIGOUDA POLICEPATIL, AGED ABOUT 43 YEARS, OCC: *LECTURER, R/O. HOLE-ALUR, TQ: RON, DIST: GADAG-582203.
…PETITIONER
(BY SRI RAMACHANDRA V. BHAT, FOR SRI NANDISH PATIL, ADVOCATE.)
AND:
Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA
MALLESHWARAM, BENGALURU-560012.
*Corrected vide Court order dated 09.01.2025 Sd/(PSYJ)
NC: 2024:KHC-D:15258 WP No. 105291 of 2024
…RESPONDENTS
(BY SRI ASHOK T. KATTIMANI, AGA FOR R1-R4; R5-NOTICE DISPENSED WITH.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO 4 TO CONSIDER THE CASE OF THE PETITIONER FOR APPOINTMENT TO THE POST OF *LECTURER IN SOCIOLOGY SUBJECT IN RESPONDENT NO.5 INTUITION PURSUANT TO THE RESOLUTION DATED 30.06.2021 VIDE ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
the learned Additional Government Advocate for respondent Nos.1 to 4.
writ of mandamus, for a direction to the respondent Nos.1 to 4 to consider the case of the petitioner for appointment to
*Corrected vide Court order dated 09.01.2025 Sd/(PSYJ)
NC: 2024:KHC-D:15258 WP No. 105291 of 2024
the post of *Lecturer, Sociology subject, in respondent No.5Institution.
*Lecturer, in the department of Sociology in respondent No.5-Institution. The post of Teacher in Social Studies in respondent No.5-Institution fell vacant, due to the demise of one Sri.S.L.Godappanavar on 16.05.2013 and thereafter, till date, the said post has remained vacant and there was no approval for the appointment to the post of Professor.
No.5-Institution, wrote a letter to the respondents No.1 to 3 seeking approval of the appointment of *Lecturers for
subjects of Sociology and Chemistry. On 08.10.2015,
*Corrected vide Court order dated 09.01.2025 Sd/(PSYJ)
respondent No.3 issued a requisition letter to respondent No.2 seeking approval.
passed a resolution requesting respondent Nos.1 to 4 to grant approval for the appointment of *Lecturer of Sociology and the same was sent to respondent Nos.1 to 4.
respondents No.1 to 4 have avoided acting on the said approval issued by respondent No.5 and have not taken any action with regard to filling of vacant post of the *Lecturer to the subject of Sociology in the respondent No.5-Institution.
10. Being aggrieved by the inaction on the part of respondents No.1 to 4, petitioner has approached this Court seeking the relief for considering his appointment to the post of *Lecturer for the subject of Sociology in the 5th respondent institution. Learned counsel for the petitioner contends that once a resolution is passed and an approval is given by the 5th respondent institution for appointment, the respondents No.1 to 4 ought to have acted upon it and passed suitable orders in accordance with law. Having not done so, the petitioner is before this Court.
11. Learned counsel representing the respondent submits that approval and resolution issued by the 5th respondent institution to consider the petitioner for appointment shall be considered in accordance with law, if reasonable time is granted and if all other formalities and
Corrected vide Court order dated 09.01.2025 Sd/(PSYJ)
requirements are fulfilled. Accordingly, I proceed to pass the
following:
ORDER
i) The writ petition is allowed.
ii) A writ of mandamus is issued directing the
respondents No.1 to 4 to consider the case of the petitioner for appointment to the post of *Lecturer in Sociology subject in the 5th respondent institution by considering the resolution dated 30.06.2021, passed by the 5th respondent to grant approval for the appointment of *Lectures in Sociology subject, more specifically with regard to the petitioner herein. The same shall be considered and suitable orders shall be passed in accordance to law, within a period of four weeks from the date of receipt of a copy of this order.
Sd/(PRADEEP SINGH YERUR) JUDGE
RHR-upto para 9. MRK-para 10 to end. CT-MCK List No.: 1 Sl No.: 32
Corrected vide Court order dated 09.01.2025. Sd/(PSYJ)
1 issue framed by the court
Whether respondents No.1 to 4 could be directed to consider the petitioner's case for appointment as Lecturer in Sociology pursuant to respondent No.5's resolution dated 30.06.2021.
2 provisions across 1 enactments
Smt. Geeta D/o. Melgirigouda Policepatil
The State of Karnataka
The Director, Department of Pre-University
The Deputy Director, Department of Pre-University Education, Gadag District
Joint Director, Department of Pre-University
Kalmeshwar Vidya Prasaraka Samiti
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
