Allowed

Panchagiri Education Trust v. State of Karnataka

Karnataka HC4 Jan 2024WP/13967/2023

Case brief

AI extract

What is this about?

The High Court allowed a writ petition, setting aside an order directing a trust to reserve a single lecturer post (English/Chemistry) for SC/ST candidates. Citing Supreme Court precedents, the court held that solitary posts lack interchangeability and cannot be reserved, permitting open competition instead.

What did the court decide?

Impugned order reserving single post for SC/ST set aside; petitioner permitted to fill post via open competition.

Panchagiri Education Trust Vs State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC:502 WP No. 13967 of 2023 C/W WP No. 14016 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 13967 OF 2023 (S-RES)

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C/W

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WRIT PETITION NO. 14016 OF 2023 (S-RES) IN WP NO.13967/2023

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BETWEEN:

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PANCHAGIRI EDUCATION TRUST NEAR OLD GOVERNMENT HOSPITAL CHIKKABALLAPURA CHIKKABALLAPURA DISTRICT-562 101 REPRESENTED BY ITS MANAGING TRUSTEE

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…PETITIONER

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(BY SRI. SRIKANTH M P, ADVOCATE)

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AND :

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Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA

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REPRESENTED BY ITS PRINCIPAL SECRETARY SCHOOL EDUCATION AND LITERACY DEPARTMENT M.S BUILDING, BENGALURU-560 001

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THE DIRECTOR PRE-UNIVERSITY EDUCATION DEPARTMENT 18^TH CROSS, MALLESWARAM, BANGALORE-560 012

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THE DEPUTY DIRECTOR PRE-UNIVERSITY EDUCATION DEPARTMENT

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NC: 2024:KHC:502 WP No. 13967 of 2023 C/W WP No. 14016 of 2023

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CHIKKABALLAPURA CHIKKABALLAPURA DISTRICT-562 101

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…RESPONDENTS

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(BY SMT. R.K.PRATHIBHA, AGA FOR R1-R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NO. PAPUSHI/C-3/HC-037/UU HU TUM ANU/01/202223 DTD 01.06.23 VIDE ANNEXURE-G ISSUED BY THE SECOND RESPONDENT INSOFAR AS RESERVING THE SINGLE POST OF LECTURER IN ENGLISH AS REQUIRED TO BE FILLED UP BY A CANDIDATE BELONGING TO SCHEDULED TRIBE (BACKLOG) AND ETC.,

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IN WP NO.14016/2023 BETWEEN:

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PANCHAGIRI EDUCATION TRUST NEAR OLD GOVERNMENT HOSPITAL CHIKKABALLAPURA

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CHIKKABALLAPURA DISTRICT

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REPRESENTED BY ITS MANAGING TRUSTEE

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…PETITIONER

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(BY SRI. SRIKANTH M P, ADVOCATE)

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AND :

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY SCHOOL EDUCATION AND LITERACY DEPARTMENT M.S BUILDING, BENGALURU-560 001

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NC: 2024:KHC:502 WP No. 13967 of 2023 C/W WP No. 14016 of 2023

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THE DIRECTOR

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PRE-UNIVERSITY EDUCATION DEPARTMENT 18^TH CROSS, MALLESWARAM, BANGALORE-560 012

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THE DEPUTY DIRECTOR PRE-UNIVERSITY EDUCATION DEPARTMENT CHIKKABALLAPURA CHIKKABALLAPURA DISTRICT

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…RESPONDENTS

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(BY SMT. R.K.PRATHIBHA, AGA FOR R1-R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NO.PAPUSHI/C-3/HC-037/UU HU TUM ANU / 01/2022-23 DATED 01/06/2023 VIDE ANNEXURE-G ISSUED BY THE R2 IN SO FAR AS RESERVING THE SINGLE POST OF LECTURER IN CHEMISTRY AS REQUIRED TO BE FILLED UP BY A CANDIDATE BELONGING TO SCHEDULED CASTE AND ETC.,

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

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ORDER

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The captioned petitions are filed by the petitioner assailing the order passed by respondent No.2 vide Annexure-G in reserving the single post of Lecturer in English and the single post of Lecturer in Chemistry to be filled up by a candidate belonging to Scheduled Tribe and Scheduled Caste respectively. The said order is under challenge.

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NC: 2024:KHC:502 WP No. 13967 of 2023 C/W WP No. 14016 of 2023

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The facts leading to the case are as under:

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The petitioner is a registered Trust and was

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permitted to start Pre-University Course for Arts subject during 1984-85. The petitioner-Institution was further granted permission vide letter dated 22.11.1985 to start one section in Science. The Institution was admitted to

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grant-in-aid as per order dated 23.05.1994. It is submitted that in the Institution there is only one post of English Lecturer and two posts for Chemistry Lecturers. In view of vacancy in the post of English Lecturer and Chemistry Lecturer, the respondent No.2 vide impugned

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order has permitted the petitioner-Institution to fill up single post of Lecturer in English and Lecturer in Chemistry and while doing so, has directed the Institution to fill up candidates belonging to Scheduled Tribe and Schedule Caste respectively.

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Learned counsel for the petitioner reiterating

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the grounds urged in both the petitions would vehemently argue and contend that the impugned direction dated

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5 - NC: 2024:KHC:502 WP No. 13967 of 2023 C/W WP No. 14016 of 2023

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01.06.2023 issued by the respondent No.2

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Annexure-G calling upon the petitioner-Institution to fill up the vacant post in English and Chemistry by reserving the said post to be filled up by a candidate belonging to Scheduled Tribe to the post of Lecturer in English and Scheduled Caste to the post of Lecturer in Chemistry runs contrary to the dictum laid down by the Apex Court in the

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case of State of Karnataka and Others vs. K.Govindappa and Another¹ and reiterated by the Apex Court in the latest judgment rendered in the case of R.R.Inamdar vs. State of Karnataka and Others² . Referring to the law laid down by the Apex Court, he would point out that in respect of solitary post, there can be no reservation as the post pertaining to particular subject are not found to be interchangeability as they pertain to different disciplines and therefore, each single post in particular discipline needs to be treated as a single

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1 (2009) 1 SCC 1

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2 (2020) 19 SCC 543

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6 - NC: 2024:KHC:502 WP No. 13967 of 2023 C/W WP No. 14016 of 2023

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post for the purpose of reservation within the meaning of

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Article 16(4) of the Constitution.

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However, learned AGA has made a feeble attempt by reiterating the grounds urged in the statement of objections. Referring to the direction issued by the respondent No.1, she would point out that the impugned direction is found to be in conformity with the direction issued by the respondent No.1/State.

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Having examined the material placed on record

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by the learned counsel for the petitioner and having given my anxious consideration to the objections raised in the statement of objections, I am of the view that the impugned direction prescribing reservation in respect of solitary post runs contrary to the dictum laid down by the Apex Court in the judgment cited supra. On this short point, the impugned direction in both the petitions are not sustainable and are liable to be set aside.

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NC: 2024:KHC:502 WP No. 13967 of 2023 C/W WP No. 14016 of 2023

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The respondent No.2-authority having

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permitted the institution to fill up vacancy for the post of Lecturer in English as well as Chemistry erred in directing the petitioner-Institution to fill up the single post by reserving the same for Scheduled Tribe and Scheduled Caste respectively. The said direction while permitting the

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petitioner-Institution to fill up vacancy under the impugned notification being contrary to the law laid down by the Apex Court in the judgment cited supra is not sustainable and therefore, is liable to be set aside by this Court.

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For the reasons stated supra, I pass the

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following:

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ORDER

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(i) The Writ Petitions are allowed;

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(ii) The impugned order vide Annexure-G issued by respondent No.2 insofar as reserving the single post of Lecturer in English to be filled up by a candidate belonging to Scheduled Tribe and the single post of Lecturer in Chemistry

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NC: 2024:KHC:502 WP No. 13967 of 2023 C/W WP No. 14016 of 2023

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required to be filled up by candidate belonging to Scheduled Caste is hereby set aside;

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(iii) The petitioner-Institution is hereby permitted to fill up the single post of Lecturer in English and Chemistry by inviting applications through open competition;

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(iv) If after following due recruitment process, appointments are made, concerned respondents are hereby directed to consider the said appointments with grant-in-aid.

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Sd/JUDGE

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CA List No.: 1 Sl No.: 49

Panchagiri Education Trust v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Panchagiri Education Trust v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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