Disposed

Sri Channappa S/O Subbanna v. the Principal Secretary

Karnataka HC5 Nov 2024WP/106171/2024

Case brief

AI extract

What is this about?

This writ petition challenges refusal to continue service as a Guest Lecturer. The court differed from a coordinate bench, noted the petitioner could not resolve technical emis portal issues, and directed the college to consider the representation while explicitly declining to decide on merits.

What did the court decide?

The petitioner shall submit his representation for continuation of service to Respondent No.3 for consideration in accordance with law.

Sri Channappa S/O Subbanna Vs the… — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:16200 WP No. 106171 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5^TH DAY OF NOVEMBER, 2024 BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 106171 OF 2024 (S-RES)

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BETWEEN:

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SRI. CHANNAPPA S/O. SUBBANNA, AGE: 33 YEARS, OCC: GUEST LECTURER, HALUVAGALU, TQ: HARAPANAHALLI, DIST: VIJAYANAGAR.

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…PETITIONER

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(BY SRI. B.N. MULIMANI, ADVOCATE)

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AND:

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THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, BENGALURU-560001.

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THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, UNNATHA SHIKSHANA SOUDHA, SESHADRI ROAD, BENGALURU-560001.

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MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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THE PRINCIPAL, RESIDENTIAL GOVT. FIRST GRADE COLLEGE, KAVITAL, KAVITAL DIST: RAICHUR.

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…RESPONDENTS

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(BY SRI. ASHOK T. KATTIMANI, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO CONSIDER THE REPRESENTATION TO CONTINUE THEIR SERVICE IN THE RESP 3 COLLEGE IN VIEW OF THE CIRCULAR ISSUED BY R2 VIDE ANNEXURE-D DATED 04/10/2024 AND ETC.

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

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2 - NC: 2024:KHC-D:16200 WP No. 106171 of 2024

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

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Heard learned counsel for the petitioner and learned

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AGA for respondents/State.

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Petitioner is working as a Guest Lecturer for the last three years in the respondent No.3-College. Respondent No.2 issued a notification dated 30.08.2024 with a provision for the Guest Lecturers of previous years to continue in the same colleges for the following year 2024-25. This being the state of affairs, pending the said notification, respondent No.2 has issued one more circular allowing Guest Lecturers of previous years to continue in the same Colleges except the Guest Lecturers whose names have not been entered in the emis portal. The entry of names in emis portal is a technical issue for the petitioner’s and hence he made a representation on 04.10.2024 to the respondent-authority.

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Learned counsel for the petitioners relies on the Judgment of a coordinate bench of this Court in Writ Petition No.105934/2024(S-RES), which came to be allowed and hence similar orders to be passed in parity. There is some force in contention of learned counsel for the petitioner.

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3 - NC: 2024:KHC-D:16200 WP No. 106171 of 2024

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Without expressing any opinion on the merits of the matter with regard to the petitioner’s eligibility or right to continue the service in respondent No.3-College, the representation shall be considered by respondent No.3 in accordance with law. Accordingly, I pass the following :

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ORDER

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(iii) It is made clear that this Court has not expressed any opinion on the merits of the matter.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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CKK CT-MCK

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List No.: 1 Sl No.: 39

Sri Channappa S/O Subbanna v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

Sri Channappa S/O Subbanna v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

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