R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.SOMASHEKAR WRIT PETITION NO.21870 OF 2016 BETWEEN DAKSHAYANAMMA D W/O. MAHABALESHWARAPPA C AGED ABOUT 48 YEARS R/A. “AVVA” 60 FEET ROAD VINOBA NAGAR SHIVAMOGGA – 577 201. ... PETITIONER (BY SRI SHANKARAPPA, ADV.) AND 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF SECONDARY EDUCATION M.S.BUILDING BANGALORE – 560 001.
2. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS NEW PUBLIC OFFICES NRUPATHUNGA ROAD BANGALORE – 560 001.
3. THE ASSISTANT DIRECTOR BANGALORE DIVISION DEPARTMENT OF PUBLIC INSTRUCTIONS NEW PUBLIC OFFICES NRUPATHUNGA ROAD BANGALORE – 560 001. [VIDE COURT ORDER DATED 14.11.2019, R-3 IS AMENDED] 4. SMT. ANITHA HEAD MISTRESS GOVERNMENT HIGH SCHOOL DURGIGUDI SHIVAMOGGA – 577201.
...RESPONDENTS (BY SRI T.S.MAHANTESH, AGA FOR R1 TO R3; R4 SERVED AND PRESENT) THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 04.4.2016 BEARING NO.SANI1/A2/PRA SHA SHI/DOORU/SHI.KRA/13/2015-16 AT ANNEXURE-X ISSUED BY THE 3RD RESPONDENT AND ISSUE APPROPRIATE DIRECTION AS THIS HON’BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for the petitioner, learned AGA for respondent Nos.1 to 3 and respondent No.4 – Smt. Anitha, are present before this Court.
2. In this writ petition, the petitioner has challenged the order dated 04.04.2016 – Annexure-X passed by third respondent and she also sought for an appropriate direction to be issued to respondents in the interest of justice.
3. It is stated in the writ petition that the petitioner has been appointed on 14.07.1994 as Assistant Teacher in Government High School, Halesorba, Sorba Taluk, Shivamogga District. Subsequent to her appointment, she reported to the duty on 18.7.1994 after completion of BA., B.Ed., course, on the basis of physically handicapped quota under category II. The copies of the Medical Certificate issued by ENT Surgeon, Govt. Mc-Gann Hospital, Shivamogga, dated 27.06.1994 and the appointment order dated 14.07.1994 is produced before this Court for perusal as per Annexures- A and B.
4. It is further stated in the writ petition that the petitioner has been appointed as President of Anti- Sexual Harassment on Working Women at Working place in district level within the jurisdiction of Zilla Panchayat, Shivamogga (for short hereinafter referred as ‘Anti-Sexual Harassment Committee’) by the Chief Executive Officer, Zilla Panchayath vide order dated 11.02.2014. The petitioner has been appointed as Chair-Person of the aforesaid Committee and the said order has been produced as Annexure-C for the purpose of perusal. It is further stated that in terms of order issued by the Chief Executive Officer, Zilla Panchayath vide order dated 11.02.2014, the Deputy Director of Public Instructions, Shivamogga had issued an order to the petitioner to work in the school and as well as at the Zilla Panchayat office vide order dated 10.3.2014, as such, produced the document as Annexure-D. In terms of the same, fourth respondent- headmistress of the Government High School, where the petitioner is working as Assistant Teacher has directed the petitioner to execute the work as per the direction of DDPI, Shivamogga. The copy of the permission/direction letter of the 4th respondent dated 21.03.2014 – Annexure E is produced for perusal of this Court. But the fourth respondent did not properly instructed the petitioner who is said to be the Assistant Teacher of the aforesaid school and so also she being nominated as Chair-person of Anti-Sexual Harassment Committee and the petitioner continued to work full day in the school. The fourth respondent had again issued one more letter dated 25.03.2014 directing the petitioner to render half- a-day service in Zilla Panchayat Office and directed the petitioner not to sign in the school every day in the afternoon. As regards, the petitioner has produced Annexure-F. Under these circumstances, the petitioner was asked by fourth respondent to attend the meeting regarding POCSO issues in Zilla panchayath on 03.02.2015. During the same day, new DDPI, Shivamogga, visited the Government High School, Durgigudi. Knowing fully well, the fourth respondent has misguided the DDPI and intentionally and without the knowledge of DDPI has issued a memo to the petitioner for not working in the school. Further, on the basis of complaints made by fourth respondent and other members of SDMC that the petitioner has obtained the job by securing fake handicap certificate, the third respondent issued Annexure-X, directing the Medical Council, Bowring and Ladycurzon hospital, Bengaluru to re-examine the petitioner regarding her differently-abled and the said order has been challenged in this writ petition.
5. The learned counsel for the petitioner who has taken me through the contents made in this line and also annexures produced by both the parties to substantiate his contention and seeks quashment of Annexure-X issued by third respondent who is the Joint Director, Bengaluru Division dated 04.04.2016. It is further contended by learned counsel for the petitioner that the third respondent has issued an order to the Medical Council, Lady Curzon and Bowring Hospital, Bengaluru to fix the date for verification of re- examination of petitioner against the handicapped Medical certificate issued by district surgeon, Mc-Gann Hospital, Shivamogga, on 27.06.1994 about 22 years ago without prior notice to the petitioner and without authority of law, even though the respondents had accepted and admitted the certificate produced by the petitioner at the time of appointment after verification of the same. The copy of the impugned letter is produced as Annexure-X. The petitioner said to be the Assistant Teacher in Government High School has no means to survive except reputation and job and she is discharging her duties. The third and fourth respondents by malafide complaints and proceedings are making the petitioner to become an insane. By passing the order of Annexure-X without prior notice to the petitioner has resulted in destroying her career. It is further contended that the petitioner is said to be appointed as Assistant Teacher under the Head Mistress. She is a poor assistant teacher having good reputation, by discharging her duty as Assistant teacher who has served without any blemish in her record and at the same time, respondent Nos.3 and 4 and other followers of them are making the petitioner to run from pillar to post for no fault of her. Hence, the learned counsel for the petitioner sought to allow this writ petition by quashing Annexure-X and to issue appropriate direction to respondents.
6. Learned HCGP for respondent Nos.1 to 3 has taken me through the contents of Annexure-X which is the letter correspondence made by the Joint Director Bengaluru, to the Chairman of the medial council Lady Curzon and Bowring hospital in order to refer the petitioner to medical examination, since she has produced the fake certificate in order to secure the job under the handicapped category and Annexure-X is based upon a complaint made by SDMC in the school. However, there is no specific role played by fourth respondent said to be the headmistress in the said school, where the petitioner is also working as Assistant Teacher. Moreover, now the fourth respondent has been transferred from Government High School, Durgigudi to Government High School, Davanagere, Honnali taluk Chakkanalli village and based on the complaint made by SDMC (School Development Management Committee), the third respondent has issued Annexure-X. Accordingly the learned HCGP prays to dismiss the petition.
7. Having heard the learned counsel for the parties and perusal of the documents produced by the learned counsel for the petitioners as per Anenxures – A to X and the certificate issued by Bowring and lady curzon Hospital dated 16.04.2016, it is seen that, the petitioner is an assistant teacher and nominated as a Chair-person to the Anti Sexual Committee in Shivamogga district and she was nominated by Chief- Executive officer of Zilla Panchayat, but the petitioner having undergone medical examination in reputed hospital by District Surgeon, Government Mc-Gann Hospital, Shivamogga, relating to deficiency in hearing, the third respondent is not justified in ordering re-examination of the medical condition of the petitioner. Further, the petitioner’s counsel has produced the certificate issued by Dr.K.L.Shivakumar, Unit Chief ENT-1, Bowring and Lady Curzon Hospital, Bangalore Medical College and Research Institution, Bangalore, wherein it is stated that Smt. Dakshayanamma D W/o. Mr.Mahabaleshwarappa, aged about 48 years has been diagnosed as having Moderate Sensory neural hearing loss with the Pure Tone average of 53.3 dBHL in her Right ear & Profound Hearing Loss with the Pure Tone average of more than 90 dBHL in her left ear. She needs to wear appropriate Hearing Aids in both her ears. I find that, no re-examination is required in the present case as far as the medical condition of the petitioner is concerned.
Petitioner has already undergone medical examination relating to her disability of hearing loss by the competent specialized doctor. Further, both the petitioner and respondent No.4 being the Assistant teacher and headmistress respectively of the aforesaid Government High School, they have to maintain congenial atmosphere in the school to protect the interest of the students upcoming in the educational field and to set good guidelines in the institution, that too in the high school level.
8. Hence, in view of the aforesaid reasons, this Court proceeds to pass the following:
ORDER Writ petition filed by the petitioner is hereby allowed and Annexure-X passed by third respondent is hereby quashed.
Sd/- JUDGE HJ