IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 PRESENT THE HON'BLE MR. JUSTICE S.N. SATYANARAYANA AND THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.57723 OF 2018 (S-KAT) BETWEEN:
1. BHARATHI M.
D/O MUNINARAYANAPPA AGE: 31 YEARS, CHIKKAGOLLAHALLI VILLAGE, KOIRA POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.
2. YASEEN SHERIF K.S. S/O AMEEN SHERIFF K.H AGE: 35 YEARS, R/O RAGHAVENDRA NILAYA, T.R. COLONY, GOWRIBIDANURU CHIKKABALLAPURA DISTRICT-561 208.
3. SHIVAKUMAR K. S/O KEMPAIAH AGE: 36 YEARS DOOR NO.165A, OFFICIAL LAYOUT, HIREBIDANURU POST, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT-561208.
4. SHOBHA V W/O CHANDRASHEKAR K.P AGE:30 YEARS KEMBALIGANAHALLI VILLAGE & POST NANDAGUDI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-562 110.
5. RAMESH M S/O MUNIVENKATAPPA AGE: 38 YEARS R/O KAMBALIPURA, HSIGALA POST, HOSKOTE TALUK, BANGALORE RURAL DISTRICT-562 114.
6. SHANKARAPPA V S/O VENKATARAMAPPA AGE: 33 YEARS CHALAGANAHALLI VILLAGE MAVAHALLI POST, BANGARPET TALUK, KOLAR DISTRICT-563114.
(BY SRI MAHESHA M., ADVOCATE) AND:
1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPT. OF PERSONNEL & ADMINISTRATIVE REFORMS VIDHANA SOUDHA, BANGALORE-560001.
2. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, ...PETITIONERS DEPARTMENT OF PRIMARY & SECONDARY EDUCATION, M.S. BUILDING, BANGALORE-560001.
3. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS, NRUPATUNGA ROAD, BANGALORE-560001.
4. THE DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTIONS NRUPATUNGA ROAD, BANGALORE-560001.
5. SELECTION AUTHORITY & DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA-562101.
6. SELECTION AUTHORITY & DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS KOLAR DISTRICT, KOLAR-563100.
7. SELECTION AUTHORITY & DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS BANGALORE RURAL, BANGALORE-560 009.
8. CENTRALIZED ADMISSION CELL BY ITS SECRETARY, K.G. ROAD, BANGALORE-560 001.
9. GANGAPPA V.
S/O VENKASHAPPA AGE: 35 YEARS C/O CHENNAPPA, NEAR CHURCH, D.V.M. COLONY, DEVANAHALLI, BANGALORE RURAL-562110.
10. GOPALA NAIK V S/O VENKATA NAIK AGE: 30 YEARS, R/O VEERAMMANAHALLI, PALAVALLI POST, PAVGADA TALUK, TUMKUR DISTRICT-572136.
11. TRIVENI T D/O THIMMANAIKA AGE: 27 YEARS R/O RANGASAMUDRA PAVGADA TALUK, TUMKUR DISTRICT-561 202.
12. RAJASHEKAR P N S/O NARAYANAPPA AGE:29 YEARS R/O POMMANAHALLI-BEECHAGANAHALLI, GUDIBANDE TALUK, CHIKKABALLAPURA DISTRICT-561209.
13. NAVEEN KUMAR J S/O JWALAKUMAR B P AGE: 32 YEARS R/O NEAR BRIGHT PUBLIC SCHOOL OFFICIAL LAYOUT GOWRIBIDANUR, CHIKKABALLAPURA DISTRICT-561 208.
14. RAJASHREKOTABAGI D/O MALLANA KOTABAGI AGE: MAJOR NO.326, 1ST FLOOR, BAGIRATHI NILAYA 12TH B CROSS, 2ND STAGE, WEST OF CHORD ROAD, MAHALAKSHMIPURAM, BANGALORE-560086.
15. UMADEVI J B D/O JAYARAME GOWDA M AGE: 33 YEARS, R/O HIRE DODDAVADI URUDIGERE HUBLI TUMKUR DISTRICT-572140.
16. HARSHA C S/O CHANDRASHEKHAR.P AGE:33 YEARS R/O GANGAMMA TEMPLE STREET, TYAMAGONDLU, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-562 132.
17. AJAMEER HANAGI S/O NABI SAB AGE:33 YEARS R/O JAMIA MUHAMMADIYA MANSOOR RESIDENTIAL SCHOOL R.K. HEGDE NAGARA THANISANDRA BANGALORE SOUTH TALUK, BANGALORE URBAN DISTRICT-560 077.
18. VIRUPAKSHI R W/O RAMESHA.H AGE: 32 YEARS R/O BADAMARANAHALLI, SIRA TALUK, TUMKUR DISTRICT-572113.
19. MANJULA K L W/O PARAMESH AGE:30 YEARS TELEGARA STREETPETE, ARKALGUDU TALUK, HASSAN DISTRICT-573102.
20. SWAMY S S/O SHIVEGOWDA AGE: MAJOR BADDIKERE POST, SAMUDRAHALLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-537207.
21. ASHA H D W/O SHASHINDRANATHA M D AGE: MAJOR NELAMMA VATARA, NORTHERN EXTENSION, SAHYADRI ROAD, HASSAN-573 201.
22. JAGANNATHA R S/O RAMAPPA M AGE: 32 YEARS KARADA GURU VILLAGE, KANNASANDRA, MULBAGILU TALUK, KOLAR DISTRICT-563 136.
23. SRINIVASA V.
S/O VENKATARAVNAPPA CHITHNAHALLI VILLAGE AND POST KOLAR TALUK, KOLAR DISTRICT-563101.
24. SUBHASHCHAWAN S/O HEMANNA AGE:37 YEARS YALAVIGI, PARAMAVADI POST SAVANUR TALUK, HAVERI DISTRICT-581 118.
25. VENKATESHA C R S/O RUDRAPPA H AGE: MAJOR NO.1649, 38, BEHIND NUTUN COLLEGE LIC COLONY, DAVANAGERE TALUK & DISTRICT-577004.
…RESPONDENTS (BY SMT. SHILPA S.GOGI, HCGP) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE ORDER DATED 25.05.2018 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NUMBERS 741/2016 C/W A.NO.9335/2015, A.NOS.758 TO 760/2016, A.NOS.1611 & 1622/2016, A.NOS.1638 TO 1640/2016, A.NOS.744 TO 748/2016, A.NOS.755 TO 757/2016, A.NOS.1756 & 1757/2016, A.NOS.1883 TO 1887/2016, A.NOS.2599 TO 2605/2016, A.NO.9331/2015, IN DISMISSING THE APPLICATION FILED BY THE PETITIONERS TO QUASH THE NOTIFICATION DATED 26.11.2015(ANNEXURE-A9) AND QUASH FINAL SELECTION LIST DATED 20.01.2016 ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTIONS AS AVAILABLE IN ANNEXURE-A10.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, SATYANARAYANA J., MADE THE FOLLOWING:
ORDER The petitioners herein are impugning the order dated 25.05.2018 in Application No.741/2016 and other connected matters passed by the Karnataka State Administrative Tribunal, Bengaluru (‘the Tribunal’ for short).
2. The grievance of the petitioners is that they were applicants for the post of Assistant Teachers in English pursuant to Notification No. C2/Pra.Sha.Shi.Nemaka:01/2014-15 dated 23.3.2015. The applications were filed by the applicants on the basis of their qualification as graduates in B.A. and B.Ed (English Method) with Post Graduate Diploma in English conducted by the Regional Institute of English, South India (RIESI). The records would indicate that their applications were accepted and they were permitted to participate in the examination where their names were short-listed in the provisional selection list published in the year 2015. Admittedly, same was subject matter of challenge in the earlier round of litigation before the Co-ordinate Bench of this Court in W.P.No.2772/2011 and other connected matters, where the Notification dated 24.06.2003 with reference to the Karnataka Education Department Services (Department of Public Instructions) (Recruitment) (Amendment) Rules, 2002, which was the basis for issuance of notification calling applications for the post of Assistant English Teachers was quashed.
3. It is seen that the order of Co-ordinate Bench of this Court in the aforesaid writ petitions was the subject matter of challenge before the Apex Court by filing SLP.Nos.34806-34811/2015 which came to be dismissed on 16.12.2015. Thereafter, it is seen that the petitioners herein approached the Tribunal contending that the notification which is issued subsequent to the order passed in W.P.No.2772/2011 and connected matters could not have been considered and the same being a notification which is issued subsequent to the applications called for vide Annexure-A1, that cannot have a retrospective effect. Accordingly, removal of their names from the provisional list vide Annexure-A3 is erroneous. However, the Tribunal has not accepted the said contention in the light of the order passed by the Division Bench of this Court in W.P.No.2772/2011 and other connected matters dated 30.07.2015, on the basis that the said Postgraduate Diploma Certificate issued by the RIESI is not equivalent to Postgraduate Diploma in English vide communication of RIESI dated 21.04.2011.
4. In that view of the matter, this Court cannot sit in judgment over the findings rendered by the Co-ordinate Bench, which is subsequently confirmed by the Apex Court in the aforesaid SLP. In this background, the order impugned appears to be just and proper and does not call for any interference of this Court.
Accordingly, the writ petition is dismissed.
Sd/- JUDGE Sd/- JUDGE CA