Compassionate appointment seeker sought consideration for First Division Accountant based on an engineering degree obtained after applying. The court held qualifications must be assessed as of the application date and the circular covered only 2019-20 delays, dismissing the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2024
BEFORE
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.6587 OF 2024 (S-RES)
BETWEEN:
MR. CHANDAN R. S/O LATE H C RAMANNA, AGED ABOUT 23 YEARS, R/AT 453, 6TH A CROSS, 4TH MAIN ROAD, HEALTH LAYOUT, BANGALORE-560 091.
...PETITIONER
(BY SRI RAMANANDA A.D., ADVOCATE)
AND:
2 . THE COMMISSIONER FOR COLLEGIATE EDUCATION IN KARNATAKA PALACE ROAD, BANGALORE 560 001.
2
3 . THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE, PANDAVAPURA MANDYA – 571 434.
…RESPONDENTS
(BY SMT. B. SUKANYA BALIGA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 AND R3 FOR FRESH CONSIDERATION OR RE-CONSIDERATION FOR THE APPOINTMENT OF FIRST DIVISION ACCOUNTANT BASED ON THE DEGREE INSTEAD OF SECOND DIVISION ACCOUNTANT AND BY ALLOWING THE PETITIONER TO SUBMIT ALL THE REQUIRED QUALIFICATION RECORDS OF DEGREE ANNEXED TO THE APPLICATION DATED 17/05/2022 VIDE ANNEXURE-A SUBMITTED TO THE R3 AND APPLICATION 24/06/2022 SUBMITTED TO THE TO THE R2 VIDE ANNEXURE-A1.
THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 28.03.2024 COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned petition is filed to direct respondent Nos.2 and 3 to consider petitioner's fresh application for compassionate appointment based on degree qualification and to consider the petitioner for the post of First Division Accountant as against Second Division Accountant.
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Petitioner's father expired on 29.06.2021. Petitioner
on the basis of 2nd PUC has applied for compassionate appointment on 17.05.2022 and 24.06.2022. Petitioner contends that he ought to have completed his Engineering degree before 15.06.2022 and on account of COVID-19 pandemic, exams were delayed and consequently, petitioner was unable to seek employment based on graduation degree. He would further contend that the Government has issued a Circular on 29.06.2022 for relaxation on delayed publication of results and as per the Circular, he is entitled for relaxation and therefore, his subsequent qualification should be considered and he is eligible to be considered for the post of First Division Accountant as against Second Division Accountant.
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1 (2022) 10 SCC 696
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& Others2 , while taking note of various judgments has observed that "the legal preposition that emerges from the settled position of law as enumerated above is that the result of the examination does not relate back to the date of examination. A person would possess qualification only on the date of declaration of the result”.
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that regardless of the delays in exam scheduling and result declaration due to the COVID-19 pandemic, the petitioner's subsequent qualification in engineering cannot retroactively upgrade his eligibility for the position of a First Division Accountant.
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“PÉÆëqï-19gÀ ¸ÁAPÁæ«ÄPÀzÀ ¥ÀæAiÀÄÄPÀÛ zÉñÁzÀåAvÀ ¯ÁPïqË£ï WÉÆõÀuÉ ªÀiÁrzÀ PÁgÀt 2019-2020 £Éà ±ÉÊPÀëtÂPÀ ¸Á°£À°è r¥ÉÆèêÀÄ, L.n.L., EAf¤AiÀÄjAUï, ¥ÀzÀ« ºÁUÀÆ E¤ßvÀgÉ vÀvÀìªÀiÁ£À «zÁåºÀðvÉ ¥sÀ°vÁA±À ¥ÀæPÀluÉAiÀÄ°è «¼ÀA§ªÁVgÀÄvÀÛzÉ. ¸ÀPÁðj £ËPÀgÀgÀÄ ¸ÉêÉAiÀÄ°ègÀĪÁUÀ¯Éà ªÀÄÈvÀ¥ÀnÖzÀÄÝ, 1996gÀ ¤AiÀĪÀiÁªÀ½UÀ¼À£ÀéAiÀÄ DvÀ£À CªÀ®A©vÀgÀ°è M§âgÀÄ ¤UÀ¢vÀ PÁ¯ÁªÀ¢üAiÀÄ°è Cfð ¸À°è¹zÀ ¥ÀPÀëzÀ°è ºÁUÀÆ CAvÀºÀ CªÀ®A©vÀ ªÀåQÛAiÀÄ ªÉÄîÌAqÀ «zÁåºÀðvÉUÀ¼À ¥ÀjÃPÁë ¥sÀ°vÁA±À ¥ÀæPÀluÉAiÀÄÄ 2019-20£Éà ¸Á°£À°è PÉÆëqï-19gÀ PÁgÀt¢AzÀ «¼ÀA§ªÁVzÀÝ°è CAvÀºÀ ¥ÀæPÀgÀtUÀ¼À£ÀÄß «±ÉõÀ ¥ÀæPÀgÀtUÀ¼ÉAzÀÄ ¥ÀjUÀt¹, 2019-2020£À°è «¼ÀA§ªÁV ¥ÀæPÀlUÉÆAqÀ r¥ÉÆèêÀiÁ, L.n.L., EAf¤AiÀÄjAUï, ¥ÀzÀ« ºÁUÀÆ E¤ßvÀgÉ vÀvÀìªÀiÁ£À «zÁåºÀðvÉAiÀÄ ¥sÀ°vÁA±ÀªÀ£ÀÄß UÀt£ÉUÉ vÉUÉzÀÄPÉÆAqÀÄ C£ÀÄPÀA¥ÀzÀ DzsÁgÀzÀ ªÉÄÃ¯É £ÉêÀÄPÁw ªÀiÁqÀĪÀAvÉ J¯Áè ¸ÀPÀëªÀÄ/£ÉêÀÄPÁw ¥Áæ¢üPÁjUÀ½UÉ ¸ÀÆa¸À¯ÁVzÉ.”
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Pending I.As., if any, do not survive for consideration
and stands disposed of.
Sd/JUDGE
CA
2 issues framed by the court
Whether the petitioner's engineering degree obtained after his application could be considered for compassionate appointment to First Division Accountant.
Whether the 29.06.2022 COVID-19 circular on delayed results applied to the petitioner's case.
Colour shows how this judgement treated each authority
Delhi Jal Board vs. Nirmala DeviRelied on¶5
(2022) 10 SCC 696 · Who else cites this
Rakesh Kumar Sharma vs. Government (NCT of Delhi) & OthersRelied on¶6
(2013) 11 SCC 58 · Who else cites this
1 provisions across 1 enactments
Chandan R.
State of Karnataka by its Principal Secretary to Government, Education Department, Higher Education
The Commissioner for Collegiate Education in Karnataka
The Principal, Government First Grade College, Pandavapura, Mandya
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
