Teachers appointed on contract by the State sought weightage and age relaxation in a residential schools selection, on par with teachers contracted directly by KREIS. The court dismissed the petition because selected candidates were not impleaded, applying Ranjan Kumar v. State of Bihar.
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NC: 2024:KHC-D:11493 WP No. 81802 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
WRIT PETITION NO.81802 OF 2013 (S-RES)
BETWEEN:
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka
…PETITIONERS
(BY SRI J.M.ANILKUMAR & SRI JAYAVANT SAVAGAON, ADVOCATES
AND:
NC: 2024:KHC-D:11493 WP No. 81802 of 2013
DEPARTMENT OF MINORITY WELFARE, M.S.BUILDING, BANGALORE - 560 001.
…RESPONDENTS
(BY SRI P.N.HATTI, HCGP FOR R1 TO R3; SRI SUIL DESAI, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE PORTION OF THE RULES NOTIFIED BEARING NO.SWD 70 MDS 2010 DATED 21ST JANUARY 2011 VIDE ANNEXURE-C AND NOTIFICATION BEARING NO.MWD 154 MDS 2010 DATED 15TH MARCH 2011 VIDE ANNEXURE-D, RESPECTIVELY, ISSUED BY THE RESPONDENT NO.1 & 2 TO THE EXTENT OF CONFINING THE GRANT OF WEIGHTAGE ONLY TO THE TEACHERS APPOINTED ON CONTRACT BASIS BY THE KARNATAKA RESIDENTIAL EDUCATIONAL SOCIETY. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO GRANT WEIGHT AGE AND AGE RELAXATION TO EACH YEAR OF SERVICE RENDERED BY THE PETITIONERS, DURING THE SELECTION INITIATED IN PURSUANT TO THE NOTIFICATION BEARING NO.KA.VA.SHI.SA.SA./ADALITCI(1) CR (1) 109/2010-11 DATED 27.04.2011, VIDE ANNEXURE-E ON PAR WITH THE WEIGHT AGE ALLOWED TO THE TEACHERS APPOINTED ON CONTRACT BASIS BY THE KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY AND ETC.,
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC-D:11493 WP No. 81802 of 2013
ORAL ORDER
This writ petition is filed seeking for following reliefs:
petitioners submitted that petitioners were working as teachers at different Morarji Desai and Kittur Rani Chennamma residential schools. They were initially appointed on contract
basis by Government. Subsequent to registration of Karnataka Residential Educational Institutions Society (for short ‘KREIS’),
NC: 2024:KHC-D:11493 WP No. 81802 of 2013
Government outsourced management of residential schools to said society. While petitioners were appointed on contract basis, respondent/KREIS issued notification for selection dated 15.03.2011/16.03.2011, inviting applications as per Annexure-D.
notification at Annexure-D was subject matter of several writ petitions as in Annexure-F, wherein candidates similar to petitioners had sought for extension of weightage. It was submitted, learned Single Judge in his order, had availed benefit of reservation to other teachers appointed on contract basis by government also. Though, KREIS had preferred appeal against directions issued by learned Single Judge, appeal came to be disposed of by restricting such benefit only to those candidates, who had appeared for combined competitive examination held on 24.07.2011 to 27.07.2011. It was submitted, respondent/society had thereafter revised selection process, issued merit selections list and completed selection process way back in year 2016.
records.
NC: 2024:KHC-D:11493 WP No. 81802 of 2013
Annexure-F, he is not able to countenance submission of respondent no.4 that selections process was completed and selected candidates who would be affected were not arrayed as parties.
For said reasons, writ petition does not call for interference and accordingly dismissed.
Sd/(RAVI V.HOSMANI) JUDGE
AM CT-ASC List No.: 1 Sl No.: 41
1 issue framed by the court
Whether Government-contract teachers in residential schools were entitled to weightage on par with KREIS contract teachers despite non-joinder of selected candidates.
Colour shows how this judgement treated each authority
Ranjan Kumar and Others Vs State of Bihar and OthersApplied¶9
(2014) 16 Supreme Court Cases 187
1 provisions across 1 enactments
SMT. H.V.MANGALA
SRI HULUGAPPA H.
SRI SUDHAKAR S/O. VADIRAJ PANDARI
THE STATE OF KARNATAKA (DEPARTMENT OF SOCIAL WELFARE)
THE STATE OF KARNATAKA (DEPARTMENT OF MINORITY WELFARE)
THE STATE OF KARNATAKA (DEPARTMENT OF EDUCATION)
RAVI V.HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
