IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 PRESENT THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA AND THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.31166/2018 [S-KAT] BETWEEN:
B.VINAYAKA AGED ABOUT 38 YEARS S/O B.BASAVARAJAPPA R/AT NO.1252/A3/4, 4TH MAIN II STAGE, S.K.S.LAYOUT DAVANGERE -577 005 …PETITIONER (BY SRI SAMEER.S.N, ADVOCATE) AND :
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY EDUCATION DEPARTMENT M.S.BUILDING BENGALURU – 560 001 2. THE DIRECTORATE OF COLLEGIATE EDUCATION 6TH FLOOR, M.S.BUILDING DR.AMBEDKAR VEEDHI BENGALURU – 560 001 3. THE KARNATAKA EXAMINATION AUTHORITY GOVERNMENT OF KARNATAKA SAMPIGE ROAD, 18TH CROSS MALLESHWARAM BENGALURU – 560 012 REPRESENTED BY ITS EXECUTIVE DIRECTOR …RESPONDENTS (BY SRI VENKATA SATYANARAYAN, HCGP FOR R1 & R2; SRI N.K.RAMESH, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 12.06.2018 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.1158/2014 VIDE ANNEXURE-B AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, SATYANARAYANA J., MADE THE FOLLOWING:
ORDER The applicant in Application No.1158/2015 on the file of the Karnataka State Administrative Tribunal [‘Tribunal’, for short], has come up in this writ petition, impugning the common order dated 12.06.2018 passed in batch of applications filed in Application No.763/2015 connected with Application No.792/2015 and other matters, where the application filed by the petitioner herein in Application No.1158/2015 is also taken up for consideration.
2. In the said proceedings, the point that arose for consideration of the Tribunal is condensed in the form of points which are as under:
“[i] Whether the Government, being the appointing authority, is justified in insisting that Master’s Degree holders in Business Administration to have passed under- graduate degree in Commerce/Business Administration/Business Management to teach students of BBA/BBM/B.com in First Grade College?
[ii] Whether prescribing minimum 555 marks with relaxation of 5% to candidates belonging to Schedule Caste/Schedule Tribe/Differently abled [Physically and visually differently abled] Categories is contrary to UGC Regulations and hence repugnant to Central Statute i.e., UGC Act, 1956?
[iii] Whether any interference is called for by this Tribunal in the above cases and if so to what extent?”
3. It is seen that after hearing all the applicants on the said points, the Tribunal has passed the order which reads as under:
“87. The applications are disposed of in terms of the following:
1] Master’s degree holders in Business Administration/Management who have applied for the posts of Assistant Professors in Business Administration/Management to teach under graduates in BBA/BBM/B.Com., should necessarily possess Bachelor’s degree in one of these three subjects and that such prescription imposed by the State Government is valid in law.
2] The candidates who have marks less than I Class except the candidates belonging to Schedule Caste/Schedule Tribe/Differently abled [Physically and visually differently abled] Categories would not be entitled to be selected since the Special Rules and recruitment Notifications are read down in tune with Regulation 4.4.5 of UGC Regulations 2010. Of course, 5% relaxation is available to the candidates belonging to SC/ST & differently abled [Physically and visually differently abled] category.
3] The Respondents to proceed with the selection and appointment of candidates for the unfilled posts in terms of the above at the earliest.”
and consequently dismissed all the applications by Order dated 12.06.2018 which is subject matter of challenge by the petitioner herein as one of the applicants before the Tribunal.
4. When this matter is taken up for consideration today, learned Counsel appearing for the Respondent No.3, namely, Karnataka Examination Authority would bring to the notice of this Court that the order under challenge in this writ petition is already decided by the Coordinate Bench of this Court while sitting at Kalaburagi Bench in a batch of writ petitions, namely, writ petition Nos.202015-202016/2018 connected with other writ petitions and also appeal in Writ Appeal No.200273/2017.
5. Admittedly, the subject matter of challenge in the said proceedings is order dated 12.06.2018 passed by the Tribunal. It is seen that the Coordinate Bench of this Court, by its order dated 18.10.2019, has dismissed the writ petitions filed by several applicants whose applications were dismissed by order dated 12.06.2018 by the Tribunal.
6. In that view of the matter, the said order being confirmed by the Coordinate Bench of this Court and on perusal of the said order, this Court is of the considered opinion that this Court would concur with the findings recorded by the Coordinate Bench and as such, the present writ petition filed by one of the applicants who suffered the order dated 12.06.2018 does not merit consideration.
Accordingly, this writ petition is dismissed.
Sd/- JUDGE Sd/- JUDGE AN/-