Selected candidate sought mandamus against the Director of Technical Education for inaction in approving the merit cum eligibility list for Associate Professor. The Court found the inaction lax, held a mandamus lay, allowed the petition and directed the Director to examine the list and pass appropriate orders within six weeks.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 28814 OF 2023 (S-RES)
BETWEEN:
DR. Y.S. SUMATHY, WIFE OF SRI. A. MAHESH KUMAR, AGED ABOUT 44 YEARS, RESIDING AT NO. F442, PLUMERIA LIFE STYLE, BRIGADE MEADOWS, KANAKAPURA ROAD, BANGALORE - 560 082.
…PETITIONER
(BY SRI. SWAMY N.B.N, ADVOCATE)
AND:
Digitally signed by V KRISHNA Location: High Court of Karnataka
NC: 2024:KHC:4963 WP No. 28814 of 2023
PALACE ROAD, BANGALORE - 560 001.
DR. AMBEDKAR INSTITUTE OF TECHONOLOGY, OUTER RING ROAD, MALLATHAHALLI, BANGALORE - 560 056.
…RESPONDENTS
(BY SRI. PRATHIBHA, AGA FOR R1 TO R3; SRI. H.V. HARISHA, ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS. 1 TO 3 TO APPROVE THE MERIT CUM ELIGIBLE LIST DATED 11.05.2022 ANNEXURE-B, WHICH IS PREPARED AND SUBMITTED BY FOURTH RESPONDENT PRINCIPAL DR. AMBEDKAR INSTITUTE OF TECHNOLOGY, BANGALORE FOR APPOINTMENT OF THE PETITIONER AS ASSOCIATE PROFESSOR IN THE DEPARTMENT OF INSTRUMENTATION TECHNOLOGY IN DR. AMBEDKAR INSTITUTE OF TECHNOLOGY, BANGALORE WITHIN A TIME FRAME.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned petition is filed by the selected candidate, feeling aggrieved by the inaction on the part of respondent No.3/Director in not approving the select list sent by respondent No.4/Institution and therefore is
seeking mandamus against respondent No.3/Director to approve the selected list and issue appointment orders to
the selected candidates as indicated in Annexure-B.
Respondent No.4/Institution has invited applications
from eligible candidates belonging to Scheduled Caste and Scheduled Tribe to fill up backlog vacancies in its college for the post of Professor and Associate Professors in different departments of engineering after securing prior approval from respondent No.3/Director. On receipt of applications, the selection committee, after verifying the eligibility and qualifications, published a merit cum eligible list on 11.05.2022, for the post of Associate Professor in the Department of Instrumentation Technology. The petitioner has secured 1487 out of 2000 marks and secured 74.35% and she stood first in the top of the eligibility list published on 11.05.2022. The petitioner's grievance is that though the eligible list was published on 11.05.2022 and the list was communicated to respondent
NC: 2024:KHC:4963 WP No. 28814 of 2023
No.3/Director from respondent No.4/Institution seeking approval of selected candidates, there is total in action on the part of respondent No.3/Director in not approving the merit cum eligibility list forwarded to him.
merit cum eligibility list published on 11.05.2022 has a legal right and there is corresponding duty as against respondent No.3 to give effect to selected list published on 11.05.2022.
following:
ORDER
Sd/JUDGE
HDK
1 issue framed by the court
Whether the Director of Technical Education could be compelled by mandamus to approve the merit cum eligibility list for appointment as Associate Professor.
1 provisions across 1 enactments
Dr. Y.S. Sumathy
State of Karnataka, by its Additional Chief Secretary, Department of Higher Education
The Commissioner, Department of Collegiate and Technical Education
The Director of Technical Education
The Principal, Dr. Ambedkar Institute of Technology
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
