Disposed

Sri.Phalahara Shivayogeshwara Shikshana Samithi v. the State of Karnataka

Karnataka HC4 Nov 2024WP/107330/2019

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by an educational institution seeking permission to fill vacant lectures posts. The court directed the petitioner to comply with requirements specified in a letter dated 05.07.2019 and issued a writ of mandamus to the respondent authorities to consider the representation after the reply is submitted.

What did the court decide?

The petition was disposed of. The petitioner is directed to comply with requirements in a letter dated 05.07.2019. A writ of mandamus was issued to respondents to consider representation and pass orde

Sri.Phalahara Shivayogeshwara Shikshana Samithi… — Education and Admissions | Karnataka HC (2024)

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NC: 2024:KHC-D:16090 WP No. 107330 of 2019

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IN THE HIGH COURT OF KARNATAKA

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DHARWAD BENCH

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DATED THIS THE 04^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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WRIT PETITION NO. 107330 OF 2019 (EDN-RES)

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BETWEEN:

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SRI PHALAHARA SHIVAYOGESHWARA SHIKSHANA SAMITHI, MANIHAL SUREBAN, TQ: RAMDURGA, DIST: BELAGAVI, REP. BY ITS PRESIDENT.

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…PETITIONER

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(BY SRI M.L.VANTI, FOR SRI V.M. SHEELVANT, ADVOCATE.)

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AND:

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THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, (PRIMARY & SECONDARY), EDUCATION DEPARTMENT, M.S. BUILDING, BENGALURU-01.

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MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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THE DIRECTOR, DEPARTMENT OF PRE-UNIVERSITY EDUCATION, 18^TH CROSS, MALLESHWARM, BENGALURU-12.

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THE DEPUTY DIRECTOR, DEPARTMENT OF PRE-UNIVERSITY EDUCATION, BELAGAVI, DIST: BELAGAVI.

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…RESPONDENTS

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(BY SRI V.S. KALASURMATH, HCGP.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OR ORDER IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENT NO.2 TO ACCORD PERMISSION TO FILL UP THE POST OF KANNADA LECTURER IN SRI. FALAHARA SHIVAYOGESHWARA COMPOSITE PU COLLEGE, SUREBAN, TQ: RAMDURG, DIST: BELAGAVI AND ETC.,.

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2 - NC: 2024:KHC-D:16090 WP No. 107330 of 2019

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORAL ORDER

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

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Heard the learned counsel for the petitioner and the learned HCGP for the respondents.

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The petitioner is an educational institution registered under the Bombay Public Trust Act, 1950. The petitioner is running three High Schools, two Pre-University Colleges, five Primary Schools, out of which one Primary School in English medium, two Industrial Training Institutions, one D.Ed. College, one Poly-Technic College and one Degree College, some of them are aided institutions.

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It is submitted by the petitioner that they were running Shri Phalahara Shivayogeshwara High School and later it was upgraded to Composite PU College in the year 1983-84. It is the case of the petitioner that respondent No.1 had accorded permission to start two years Pre-University College in Shri Phalahara Shivayogeshwara Composite PU College at Sureban in Belagavi district from the academic

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3 - NC: 2024:KHC-D:16090 WP No. 107330 of 2019

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year 1983-84 for subjects like in Part-I Kannada and English and in Part-II subjects like History, Economics, Political Science, Sociology, Geography, Commerce, Education I and II. The college has been running successfully. The petitioners made a representation for grant of permission to fill up the post of Kannada Lecturer on 16.05.2018 by way of Annexure-Q.

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The petitioner also submits that the respondent granted permission to fill up vacant post of Lecturers of other subjects that fell vacant and due. However, despite various request/representations given, respondent No.2 has not granted permission to fill up the post of Lecturers in various subjects including Kannada subject, which fell vacant since 2013. Hence, aggrieved by the inaction of respondent No.2, the petitioner is before this Court seeking for a direction to respondent No.2 to accord permission to fill up the post of Kannada Lecturer in the petitioner institution i.e., Shri Phalahara Shivayogeshwara Composite PU College at Sureban in Ramdurg taluk of Belagavi district. Hence, this petition.

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4 - NC: 2024:KHC-D:16090 WP No. 107330 of 2019

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Learned HCGP representing the State has filed a

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memo along with the communication sent by respondent No.3 to the petitioner institution dated 05.07.2019. It is submitted by the learned HCGP that by the said letter dated 05.07.2019 addressed to the 3^rd respondent and a copy of it was furnished to the petitioner college in response to their representation/request, to furnish certain necessary requirements and details for consideration of their representation and to remove the defects so stated in the said letter. Therefore, in view of this letter, the petitioner has to answer the communication sent by respondent No.3 and if the same is satisfactory, respondents No.2 and 3 shall consider the request/representation of the petitioner in accordance with law.

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In view of the above letter filed by the learned

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HCGP along with a memo, this petition could be disposed of. Accordingly, I pass the following:

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ORDER

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i) The petition is disposed of.

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5 - NC: 2024:KHC-D:16090 WP No. 107330 of 2019

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ii) The petitioner is directed to comply with the requirements sought for by respondents No.2 and 3, vide letter dated 05.07.2019.

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iii) A writ of mandamus is issued to respondents No.2 and 3 to consider the representation of the petitioner and the reply so submitted by the petitioner in response to the letter dated 05.07.2019, to consider the same and pass suitable orders in accordance with law.

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iv) The same shall be complied within a period of four weeks from the date of furnishing the said reply to the letter by the petitioner.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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MRK CT-MCK List No.: 3 Sl No.: 6

Sri.Phalahara Shivayogeshwara Shikshana Samithi v. the State of Karnataka

Case brief

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Sri.Phalahara Shivayogeshwara Shikshana Samithi v. the State of Karnataka

Case brief

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What did the court decide?

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