IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION NO.21856/2017 C/W WRIT PETITION NOS.65219-65220/2016 WRIT PETITION NOS.12726-12733/2017 WRIT PETITION NO.21220/2017 Writ Petition No.21673/2017 Writ Petition No.21674/2017 Writ Petition No.21675/2017 Writ Petition No.21676/2017 WRIT PETITION NO.21677/2017 (S-RES) IN WRIT PETITION NO.21856/2017 BETWEEN:
MAHESH A UMATAR S/O ADIVEPPA, AGED ABOUT 38 YEARS, R/O. C/O VENKATESH, BEHIND:TCH COLLEGE, CHATRA VILLAGE, BIDADI HOBLI, TALUK & DISTRICT:
RAMANAGARA-571 511. ... PETITIONER (BY SRI. GANGADHAR SANGOLLI & SRI P.T.MURALIDHAR, ADVOCATES) AND:
1. THE STATE OF KARNATAKA REPT. BY ITS SECRETARY, EDUCATION DEPARTMENT, M.S.BUILDING, BENGALURU-560 001.
2. THE STATE OF KARNATAKA REPT. BY ITS SECRETARY, SOCIAL WELFARE DEPARTMENT, M.S.BUILDING, BENGALURU-560 001.
3. KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY, REPT. BY ITS EXECUTIVE DIRECTOR, (A GOVT. OF KARNATAKA ORGANISATION), NO.179, III FLOOR, I MAIN ROAD, SESHADRIPURAM, BENGALURU-560 020.
4. THE SELECTION AUTHORITY/SECRETARY FOR MURARJI DESAI & RANI CHENNAMMA RESIDENTIAL SCHOOLS & EXECUTIVE DIRECTOR, KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY, (A GOVT. OF KARNATAKA ORGANISATION), NO.179, III FLOOR, I MAIN ROAD, SESHADRIPURAM, BENGALURU-560 020.
5. THE KARNATAKA PUBLIC SERVICE COMMISSION UDYOGA SOUDHA, BENGALURU-560 001, REPT. BY ITS SECRETARY. ... RESPONDENTS (BY SRI. SREEDHAR N. HEGDE, HCGP FOR R1 & R2; SRI NAGAIAH, ADVOCATE FOR R3 & R4;
SRI REUBEN JACOB, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE NOTIFICATION DTD:3.11.2016 ISSUED BY THE KPSC VIDE ANNEXURE-C AND ALSO THE NOTIFICATION DTD:17.6.2014 VIDE ANNEXURE-D ISSUED BY THE R-2 IN SO FAR AS IT RELATES TO PRESCRIPTION OF THE QUALIFYING EXAMINATION FOR FILLING UP OF 230 POSTS OF ART AND DRAWING TEACHERS [FOR GRADUATES] AND AS WELL AS DECLARING BEACHELOR OF FINE ARTS AND BACHELOR OF VISUAL ARTS AND QUALIFYING EXAMINATIONS, ARE NULL AND VOID UNSUSTAINABLE BEING AGAINST THE PROVISION OF ARTICLES 14 AND AGAINST THE LAW DECLARED BY THIS HON'BLE COURT ON EARLIER OCCASION AND CONSEQUENTLY QUASH PART OF THE NOTIFICATION CALLING FOR APPLICATIONS AS NULL AND VOID AND UNENFORCEABLE AND ETC.
IN WRIT PETITION NOS.65219-65220/2016 BETWEEN:
1. A R DINESHA S/O RAME GOWDA, AGED ABOUT 42 YEARS, R/O C/O VENKATESH, BEHIND TCH COLLEGE, CHATRA VILLAGE, BIDADI HOBLI, TALUK & DISTRICT:RAMANAGARA-571511.
2. SOMANNA S/O SANNAIAHNA MALAGAIAH, AGED ABOUT 38 YEARS, R/O BANAVE, KAVERIPURA POST, TALUK:T.NARASIPURA, DIST:MYSURU-570001. ... PETITIONERS (BY SRI. GANGADHAR SANGOLLI & SRI. P.T.MURALIDHAR, ADVOCATES) AND:
1. THE STATE OF KARNATAKA REPT. BY ITS SECRETARY, EDUCATION DEPARTMENT, M.S.BUILDING, BENGALURU-560001.
2. THE STATE OF KARNATAKA REPT. BY ITS SECRETARY, SOCIAL WELFARE DEPARTMENT, M.S.BUILDING, BENGALURU-560001.
3. KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY, REPT. BY ITS EXECUTIVE DIRECTOR, (A GOVT. OF KARNATAKA ORGANISATION), NO.179, III FLOOR, I MAIN ROAD, SESHADRIPURAM, BENGALURU-560020.
4. THE SELECTION AUTHORITY/SECRETARY FOR MURARJI DESAI & RANI CHENNAMMA RESIDENTIAL SCHOOLS & EXECUTIVE DIRECTOR, KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY, (A GOVT. OF KARNATAKA ORGANISATION), NO.179, III FLOOR, I MAIN ROAD, SESHADRIPURAM, BENGALURU-560020.
5. THE KARNATAKA PUBLIC SERVICE COMMISSION UDYOGA SOUDHA, BENGALURU-560001.
REPT. BY ITS SECRETARY. ... RESPONDENTS (BY SRI. SREEDHAR N. HEGDE, HCGP FOR R1 AND R2; SRI. NAGAIAH, ADVOCATE FOR R3 AND R4;
SRI. M.N. MADHUSUDHAN, ADVOCATE FOR R3 AND R4 (VK NOT FILED);
SRI. REUBEN JACOB, ADVOCATE FOR R5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE NOTIFICATION DTD:3.11.2016 ISSUED BY THE KPSC VIDE ANNEXURE-Y AND ALSO THE NOTIFICATION DTD:17.6.2014 ISSUED BY THE R-2 IN SO FAR AS IT RELATES TO PRESCRIPTION OF THE QUALIFYING EXAMINATION FOR FILLING UP OF 230 POSTS OF ART AND DRAWING TEACHERS [FOR GRADUATES] AND AS WELL AS DECLARING BEACHELOR OF FINE ARTS AND BACHELOR OF VISUAL ARTS AND QUALIFYING EXAMINATIONS, VIDE ANNXURE-W ARE NULL AND VOID UNSUSTAINABLE BEING AGAINST THE PROVISION OF ARTICLES 14 AND AGAINST THE LAW DECLARED BY THIS HON'BLE COURT ON EARLIER OCCASION AND CONSEQUENTLY QUASH PART OF THE NOTIFICATION CALLING FOR APPLICATIONS AS NULL AND VOID AND UNENFORCEABLE AND ETC.
IN WRIT PETITION NOS.12726-12733/2017 BETWEEN:
1. UMAMAHESHA S/O NANJUNDAIAH K N, AGED 42 YEARS, HOUSING BOARD, HOUSE NO.EWS 109, H.N.PURA ROAD, CHANARAYAPATTANA TALUK, HASSAN DISTRICT-573201.
2. VASU S S/O SONNEGOWDA, AGED ABOUT 37 YEARS, AT:SANNACHAKANAHALLY, PO:MADENUR, SHANTI GRAMA HOBLI, TALUK:HASSAN, DISTRICT:HASSAN-573201.
3. NAGARAJU K S/O KAVALLAPPA, AGED 39 YUEARS, CHIKKATHOTTALIKERE POST, KORA HOBLI, TALUK & DIST:TUMKUR-572128.
4. KRISHNAPPA V N S/O NARASIMHAMURTHY, AGED 39 YEARS, R/O AT:VOKKODI, PO:SIDDARTHA NAGAR, TALUK & DIST:TUMKUR-572107.
5. K S BOMBRAYESWAMY S/O SHIVANNA K S, AGED 35 YEARS, R/O KARTHALU VILLAGE, CHUNCHANAKATTE HOBLI, K.R.NAGARA TALUK, MYSORE-570024.
6. VENKATESHA D T S/O THIMMEGOWDA, AGED 37 YEARS, R/O H.DYAVALAPURA, PO:HERAGAU, DUDDA HOBLI, TALUK & DISTRICT HASSAN-573201.
7. FAKEERAPPA D LAKSHMESHWAR S/O DUNDAPPA LAKSHMESHWAR, AGED 42 YEARS, NO.23, 10TH MAIN 2ND CROS, RAGHAVENDRA LAYOUT, CHIKKABANAVAR, BENGALURU-560090.
8. SHIVAKUMAR R S/O LATE RAJU, AGED 45 YEARS, R/O NO.9213, RANGOLIHALLI, HASSAN-573201. ... PETITIONERS (BY SRI. GANGADHAR SANGOLLI, ADVOCATE FOR SRI. P.T.MURALIDHAR, ADVOCATE FOR P1, P2, P6 AND P8) AND:
1. THE STATE OF KARNATAKA REPT. BY ITS SECRETARY, EDUCATION DEPARTMENT, M.S.BUILDING, BENGALURU-560001.
2. THE STATE OF KARNATAKA REPT. BY ITS SECRETARY, SOCIAL WELFARE DEPARTMENT, M.S.BUILDING, BENGALURU-560001.
3. KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY, REPT. BY ITS EXECUTIVE DIRECTOR ( A GOVERNEMENT OF KARNATAKA ORGANISATION), NO.179, III FLOOR, I MAIN ROAD, SESHADRIPURAM, BENGALURU-560020.
4. THE SELECTION AUTHORITY/ SECRETARY FOR MURARJI DESAI & RANI CHENNAMMA RESIDENTIAL SCHOOLS & ECUTIVE DIRECTOR, KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY, (A GOVT. OF KARNATAKA ORGANISATION) NO.179, III FLOOR, I MAIN ROAD, SESHADRIPURAM, BENGALURU-560020.
5. THE KARNATAKA PUBLIC SERVICE COMMISSION UDYOGA SOUDHA, BENGALURU-560001.
REPT. BY ITS SECRETARY. ... RESPONDENTS (BY SRI. SREEDHAR N. HEGDE, HCGP FOR R1 AND R2; SRI. NAGAIAH, ADVOCATE FOR R3 AND R4;
SRI. REUBEN JACOB, ADVOCATE FOR R5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE NOTIFICATION DTD.3.11.2016 ISSUED BY THE KPSC VIDE ANNEX-Z AND ALSO THE NOTIFICATION DTD.17.6.2014 VIDE ANNEX-X ISSUED BY THE R-2 IN SO FAR AS IT RELATES TO PRESCRIPTION OF THE QUALIFYING EXAMINATION FOR FILLING UP OF 230 POSTS OF ART AND DRAWING TEACHERS [FOR GRADUATES] AND AS WELL AS DECLARING BACHELOR OF FINE ARTS AND BACHELOR OF VISUAL ARTS AS QUALIFYING EXAMINATIONS, ARE NULL AND VOID, UNSUSTAINABLE BEING AGAINST THE PROVISION OF ARTICLES 14 AND AGAINST THE LAW DECLARED BY THIS HON'BLE COURT ON EARLIER OCCASION AND CONSEQUENTLY QUASH PART OF THE NOTIFICATION CALLING FOR APPLICATIONS AS NULL AND VOID AND UNENFORCEABLE AND ETC.
IN WRIT PETITION NO.21220/2017 BETWEEN:
UMESHA B KUMBAR S/O BASAVANNEPPA KUMBAR, AGED ABOUT 39 YEARS, R/AT C/O SOMANNA, S/O SONNAIAHNA MALAGAIAH, R/O BANAVE, KAVERIPURA POST, T.NARASIPURA TALUK, MYSORE DISTRICT - 570 001. ... PETITIONER (BY SRI. GANGADHAR SANGOLLI & SRI. P.T.MURALIDHAR, ADVOCATES) AND:
1. THE STATE OF KARNATAKA REPT. BY ITS SECRETARY EDUCATION DEPARTMENT M.S.BUILDING BENGALURU - 560 001.
2. THE STATE OF KARNATAKA REPT. BY ITS SECRETARY SOCIAL WELFARE DEPARTMENT M.S.BUILDING BENGALURU - 560 001.
3. KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY REPT. BY ITS EXECUTIVE DIRECTOR (A GOVT OF KARNATAKA ORGANISATION) NO.179, III FLOOR, I MAIN ROAD, SESHADRIPURAM, BENGALURU - 560 020.
4. THE SELECTION AUTHORITY/SECRETARY FOR FOR MURARJI DESAI & RANI CHENNAMMA RESIDENTIAL SCHOOLS & EXECUTIVE DIRECTOR, KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY, (A GOVT OF KARNATAKA ORGANISATION), NO.179, III FLOOR, I MAIN ROAD, SESHADRIPURAM, BENGALURU - 560 020.
5. THE KARNATAKA PUBLIC SERVICE COMMISSIONE UDYOGA SOUDHA, BENGALURU - 560 001.
REPT. BY ITS SECRETARY. ... RESPONDENTS (BY SRI. SREEDHAR N. HEGDE, HCGP FOR R1 AND R2;
SRI. NAGAIAH, ADVOCATE FOR R3 AND R4 (R4 VK NOT FILED);
SRI. REUBEN JACOB, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE NOTIFICATION DTD 03.11.2016 ISSUED BY THE KPSC VIDE ANNX-C AND ALSO THE NOTIFICATION DTD 17.06.2014 VIDE ANNX-D ISSUED BY THE R-2 IN SO FAR AS IT RELATES TO PRESCRIPTION OF THE QUALIFYING EXAMINATION FOR FILLING UP OF 230 POSTS OF ART AND DRAWING TEACHERS (FOR GRADUTES) AND AS WELL AS DECLARING BACHELOR OF FINE ARTS AND BACHELOR OF VISUAL ARTS AS QUALIFYING EXAMINATIONS, ARE NULL AND VOID, UNSUSTAINABLE BEING AGAINST THE PROVISION OF ARTICLES 14 AND AGAINST THE LAW DECLARED BY THIS HON'BLE COURT ON EARLIER OCCASION OF CONSEQUENTLY QUASH PART OF THE NOTIFICATION CALLING FOR APPLICATION AS NULL AND VOID AND UNENFORCEABLE AND ETC.
IN WRIT PETITION NO.21673/2017 BETWEEN:
MALLANAGOUDA N PATIL S/O NINGANAGOUD, AGED ABOUT 35 YEARS, R/O BANAVE, KAVERIPURA POST TALUK: T.NARASIPURA, DISTRICT: MYSURU. ... PETITIONER (BY SRI. GANGADHAR SANGOLLI & SRI. P.T.MURALIDHAR, ADVOCATES) AND:
1. THE STATE OF KARNATAKA REPT. BY ITS SECRETARY EDUCATION DEPARTMENT M.S.BUILDING BENGALURU - 560 001.
2. THE STATE OF KARNATAKA REPT. BY ITS SECRETARY SOCIAL WELFARE DEPARTMENT M.S.BUILDING BENGALURU - 560 001.
3. KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY REPT. BY ITS EXECUTIVE DIRECTOR (A GOVT OF KARNATAKA ORGANISATION) NO.179, III FLOOR,I MAIN ROAD, SESHADRIPURAM, BENGALURU - 560 020.
4. THE SELECTION AUTHORITY/SECRETARY FOR FOR MURARJI DESAI & RANI CHENNAMMA RESIDENTIAL SCHOOLS & EXECUTIVE DIRECTOR, KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY, (A GOVT OF KARNATAKA ORGANISATION), NO.179, III FLOOR, I MAIN ROAD, SESHADRIPURAM, BENGALURU - 560 020.
5. THE KARNATAKA PUBLIC SERVICE COMMISSION UDYOGA SOUDHA, BENGALURU - 560 001.
REPT. BY ITS SECRETARY. ... RESPONDENTS (BY SRI. SREEDHAR N. HEGDE, HCGP FOR R1 AND R2; SRI. REUBEN JACOB, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE NOTIFICATION DTD 03.11.2016 ISSUED BY THE KPSC VIDE ANNX-C AND ALSO THE NOTIFICATION DTD 17.06.2014 VIDE ANNX-D ISSUED BY THE R-2 IN SO FAR AS IT RELATES TO PRESCRIPTION OF THE QUALIFYING EXAMINATION FOR FILLING UP OF 230 POSTS OF ART AND DRAWING TEACHERS (FOR GRADUTES) AND AS WELL AS DECLARING BACHELOR OF FINE ARTS AND BACHELOR OF VISUAL ARTS AS QUALIFYING EXAMINATIONS, ARE NULL AND VOID, UNSUSTAINABLE BEING AGAINST THE PROVISION OF ARTICLES 14 AND AGAINST THE LAW DECLARED BY THIS HON'BLE COURT ON EARLIER OCCASION OF CONSEQUENTLY QUASH PART OF THE NOTIFICATION CALLING FOR APPLICATION AS NULL AND VOID AND UNENFORCEABLE AND ETC.
IN WRIT PETITION NO.21674/2017 BETWEEN:
MURAGAYYA J HIREMATH S/O JADEANDRAYYA, AGED ABOUT 43 YEARS, R/O C/O VENKATESH, BEHIND TCH COLLEGE, CHATRA VILLAGE, BIDADI HOBLI TALUK & DISTRICT:
RAMANAGARA - 571 511. ... PETITIONER (BY SRI. GANGADHAR SANGOLLI & SRI. P.T.MURALIDHAR, ADVOCATES) AND:
1. THE STATE OF KARNATAKA REPT. BY ITS SECRETARY EDUCATION DEPARTMENT M.S.BUILDING BENGALURU - 560 001.
2. THE STATE OF KARNATAKA REPT. BY ITS SECRETARY SOCIAL WELFARE DEPARTMENT M.S.BUILDING BENGALURU - 560 001.
3. KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY REPT. BY ITS EXECUTIVE DIRECTOR (A GOVT OF KARNATAKA ORGANISATION) NO.179, III FLOOR,I MAIN ROAD, SESHADRIPURAM, BENGALURU - 560 020.
4. THE SELECTION AUTHORITY/SECRETARY FOR FOR MURARJI DESAI & RANI CHENNAMMA RESIDENTIAL SCHOOLS & EXECUTIVE DIRECTOR, KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY, (A GOVT OF KARNATAKA ORGANISATION), NO.179, III FLOOR, I MAIN ROAD, SESHADRIPURAM, BENGALURU - 560 020.
5. THE KARNATAKA PUBLIC SERVICE COMMISSION UDYOGA SOUDHA, BENGALURU - 560 001.
REPT. BY ITS SECRETARY. ... RESPONDENTS (BY SRI. SREEDHAR N. HEGDE, HCGP FOR R1 AND R2; SRI. REUBEN JACOB, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE NOTIFICATION DTD 03.11.2016 ISSUED BY THE KPSC VIDE ANNX-C AND ALSO THE NOTIFICATION DTD 17.06.2014 VIDE ANNX-D ISSUED BY THE R-2 IN SO FAR AS IT RELATES TO PRESCRIPTION OF THE QUALIFYING EXAMINATION FOR FILLING UP OF 230 POSTS OF ART AND DRAWING TEACHERS (FOR GRADUTES) AND AS WELL AS DECLARING BACHELOR OF FINE ARTS AND BACHELOR OF VISUAL ARTS AS QUALIFYING EXAMINATIONS, ARE NULL AND VOID, UNSUSTAINABLE BEING AGAINST THE PROVISION OF ARTICLES 14 AND AGAINST THE LAW DECLARED BY THIS HON'BLE COURT ON EARLIER OCCASION OF CONSEQUENTLY QUASH PART OF THE NOTIFICATION CALLING FOR APPLICATION AS NULL AND VOID AND UNENFORCEABLE AND ETC.
IN WRIT PETITION NO.21675/2017 BETWEEN:
SHIVANAND A GOTHE S/O APPAYYA S GOTHE AGED ABOUT 45 YEARS, R/O BANAVE, KAVERIPURA POST TALUK: T.NARASIPURA, DISTRICT: MYSURU. ... PETITIONER (BY SRI. GANGADHAR SANGOLLI & SRI. P.T.MURALIDHAR, ADVOCATES) AND 1. THE STATE OF KARNATAKA REPT. BY ITS SECRETARY EDUCATION DEPARTMENT M.S.BUILDING BENGALURU - 560 001.
2. THE STATE OF KARNATAKA REPT. BY ITS SECRETARY SOCIAL WELFARE DEPARTMENT M.S.BUILDING BENGALURU - 560 001.
3. KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY REPT. BY ITS EXECUTIVE DIRECTOR (A GOVT OF KARNATAKA ORGANISATION) NO.179, III FLOOR, I MAIN ROAD, SESHADRIPURAM, BENGALURU - 560 020.
4. THE SELECTION AUTHORITY/SECRETARY FOR FOR MURARJI DESAI & RANI CHENNAMMA RESIDENTIAL SCHOOLS & EXECUTIVE DIRECTOR, KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY, (A GOVT OF KARNATAKA ORGANISATION), NO.179, III FLOOR, I MAIN ROAD, SESHADRIPURAM, BENGALURU - 560 020.
5. THE KARNATAKA PUBLIC SERVICE COMMISSION UDYOGA SOUDHA, BENGALURU - 560 001.
REPT. BY ITS SECRETARY. ... RESPONDENTS (BY SRI. SREEDHAR N. HEGDE, HCGP FOR R1 AND R2; SRI. REUBEN JACOB, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE NOTIFICATION DTD 03.11.2016 ISSUED BY THE KPSC VIDE ANNX-C AND ALSO THE NOTIFICATION DTD 17.06.2014 VIDE ANNX-D ISSUED BY THE R-2 IN SO FAR AS IT RELATES TO PRESCRIPTION OF THE QUALIFYING EXAMINATION FOR FILLING UP OF 230 POSTS OF ART AND DRAWING TEACHERS (FOR GRADUTES) AND AS WELL AS DECLARING BACHELOR OF FINE ARTS AND BACHELOR OF VISUAL ARTS AS QUALIFYING EXAMINATIONS, ARE NULL AND VOID, UNSUSTAINABLE BEING AGAINST THE PROVISION OF ARTICLES 14 AND AGAINST THE LAW DECLARED BY THIS HON'BLE COURT ON EARLIER OCCASION OF CONSEQUENTLY QUASH PART OF THE NOTIFICATION CALLING FOR APPLICATION AS NULL AND VOID AND UNENFORCEABLE.
IN WRIT PETITION NO.21676/2017 BETWEEN:
RAMAPPA F KAPATI S/O FAKKIRAPPA, AGED ABOUT 37 YEARS, R/O BANAVE, KAVERIPURA POST TALUK: T.NARASIPURA, DISTRICT: MYSURU. ... PETITIONER (BY SRI. P.T.MURALIDHAR & SRI. GANGADHAR SANGOLLI, ADVOCATES) AND:
1. THE STATE OF KARNATAKA REPT. BY ITS SECRETARY EDUCATION DEPARTMENT M.S.BUILDING BENGALURU - 560 001.
2. THE STATE OF KARNATAKA REPT. BY ITS SECRETARY SOCIAL WELFARE DEPARTMENT M.S.BUILDING BENGALURU - 560 001.
3. KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY REPT. BY ITS EXECUTIVE DIRECTOR (A GOVT OF KARNATAKA ORGANISATION) NO.179, III FLOOR, I MAIN ROAD, SESHADRIPURAM, BENGALURU - 560 020.
4. THE SELECTION AUTHORITY/SECRETARY FOR FOR MURARJI DESAI & RANI CHENNAMMA RESIDENTIAL SCHOOLS & EXECUTIVE DIRECTOR, KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY, (A GOVT OF KARNATAKA ORGANISATION), NO.179, III FLOOR, I MAIN ROAD, SESHADRIPURAM, BENGALURU - 560 020.
5. THE KARNATAKA PUBLIC SERVICE COMMISSION UDYOGA SOUDHA, BENGALURU - 560 001.
REPT. BY ITS SECRETARY. ... RESPONDENTS (BY SRI. SREEDHAR N. HEGDE, HCGP FOR R1 AND R2; SRI. NAGAIAH, ADVOCATE FOR R3 & R4;
SRI. REUBEN JACOB, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE NOTIFICATION DTD 03.11.2016 ISSUED BY THE KPSC VIDE ANNX-C AND ALSO THE NOTIFICATION DTD 17.06.2014 VIDE ANNX-D ISSUED BY THE R-2 IN SO FAR AS IT RELATES TO PRESCRIPTION OF THE QUALIFYING EXAMINATION FOR FILLING UP OF 230 POSTS OF ART AND DRAWING TEACHERS (FOR GRADUTES) AND AS WELL AS DECLARING BACHELOR OF FINE ARTS AND BACHELOR OF VISUAL ARTS AS QUALIFYING EXAMINATIONS, ARE NULL AND VOID, UNSUSTAINABLE BEING AGAINST THE PROVISION OF ARTICLES 14 AND AGAINST THE LAW DECLARED BY THIS HON'BLE COURT ON EARLIER OCCASION OF CONSEQUENTLY QUASH PART OF THE NOTIFICATION CALLING FOR APPLICATION AS NULL AND VOID AND UNENFORCEABLE.
IN WRIT PETITION NO.21677/2017 BETWEEN:
SHIVANAND BASAVANTAPPA HURAKADLI S/O BASAVANTAPPA K HURAKADLI, AGED ABOUT 40 YEARS, R/O C/O VENKATESH, BEHIND TCH COLLEGE, CHATRA VILLAGE, BIDADI HOBLI, TALUK & DISTRICT RAMANAGARA - 571 511. ... PETITIONER (BY SRI. GANGADHAR SANGOLLI & SRI. P.T.MURALIDHAR, ADVOCATES) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY EDUCATION DEPARTMENT M.S.BUILDING BENGALURU - 560 001.
2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY SOCIAL WELFARE DEPARTMENT M.S.BUILDING BENGALURU - 560 001.
3. KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY REPRESENTED BY ITS EXECUTIVE DIRECTOR (A GOVT OF KARNATAKA ORGANISATION) NO.179, III FLOOR, I MAIN ROAD, SESHADRIPURAM, BENGALURU - 560 020.
4. THE SELECTION AUTHORITY/SECRETARY FOR FOR MURARJI DESAI & RANI CHENNAMMA RESIDENTIAL SCHOOLS & EXECUTIVE DIRECTOR, KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY, (A GOVT OF KARNATAKA ORGANISATION), NO.179, III FLOOR, I MAIN ROAD, SESHADRIPURAM, BENGALURU - 560 020.
5. THE KARNATAKA PUBLIC SERVICE COMMISSION UDYOGA SOUDHA, BENGALURU - 560 001.
REPT. BY ITS SECRETARY. ... RESPONDENTS (BY SRI. SREEDHAR N. HEGDE, HCGP FOR R1 AND R2; SRI. REUBEN JACOB, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE NOTIFICATION DTD 03.11.2016 ISSUED BY THE KPSC VIDE ANNX-C AND ALSO THE NOTIFICATION DTD 17.06.2014 VIDE ANNX-D ISSUED BY THE R-2 IN SO FAR AS IT RELATES TO PRESCRIPTION OF THE QUALIFYING EXAMINATION FOR FILLING UP OF 230 POSTS OF ART AND DRAWING TEACHERS (FOR GRADUTES) AND AS WELL AS DECLARING BACHELOR OF FINE ARTS AND BACHELOR OF VISUAL ARTS AS QUALIFYING EXAMINATIONS, ARE NULL AND VOID, UNSUSTAINABLE BEING AGAINST THE PROVISION OF ARTICLES 14 AND AGAINST THE LAW DECLARED BY THIS HON'BLE COURT ON EARLIER OCCASION OF CONSEQUENTLY QUASH PART OF THE NOTIFICATION CALLING FOR APPLICATION AS NULL AND VOID AND UNENFORCEABLE.
THESE WRIT PETITIONS ARE COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In these petitions, common question for consideration is validity of prescription of qualification for the post of Art and Drawing Teacher in the Regulations. For the purpose of pleadings and perusal of documents, writ petition Nos.65219-65220/2016 is taken into consideration.
2. The petitioners possesses Diploma in Drawing And Painting Examination or Art Master Examination or Diploma in Painting/Diploma in Commercial / Applied Arts conducted by the Board or Technical Examination which is considered equivalent qualification.
3. The grievance of the petitioners is that on 17.06.2014, respondent NO.3 has issued (Amendment) Regulations, 2013) namely the Karnataka Residential Educational Institutions Society (Cadre and Recruitment) (Amendment) Regulations, 2013 (for short ‘Regulations, 2013’) (Annexure-W) to the extent of prescription of qualification for Art and Drawing Teacher “one must be holder of degree in Bachelor of Fine Arts (for short ‘BFA’) or Bachelor of Visual Arts (for short ‘BVA’) from recognized university.”
4. The respondents have notified 460 posts of Art and Drawing Teacher whereas 230 posts are earmarked for degree in BFA or BVA from the recognized university. Rests of the posts have been earmarked to diploma in Drawing and Painting Examination and equivalent qualification. If the prescription of qualification for Art and Drawing teacher for degree in BFA or BVA is removed in that event, all 460 posts of Art and Drawing teacher would be available for candidates who possess diploma in Drawing and Painting examination or equivalent qualification.
5. The learned counsel for the petitioners in support of quashing the portion of qualification for the post of Art and Drawing teacher to the extent of holder of degree in BFA or BVA contended that there was an internal communication between the Government and the Executive Director on 13.06.2012, wherein the Principal Secretary for Education has expressed what would be the qualification for the post of Art and Drawing Teacher. It was further contended that on 27.04.2011, Rules were framed called the Karnataka Residential Educational Institutions Society (Cadre & Recruitment) Regulations, 2011, wherein for the post of Art and Craft teacher (Drawing Teacher) prescribed the following qualification:
“J) Art & Craft Teacher (Drawing Teacher):
(1) Must be holder of Bachelor Degree in Fine Arts.
Or Master degree Certificates awarded by the State Govt. or any other examination equivalent thereto in fine arts.
Or (2) Must have passed SSLC or Equivalent examination recognized by Government of Karnataka And Must have passed Diploma in Drawing and Painting Examination or Art Master Examination Or Has passed the examination which is declared as equivalent by Government of Karnataka vide G.O.No.ED 27 SLV 2004 Dt:21.03.2006.
And Candidate must have studied Kannada as one of the languages either in Post Graduate Degree or Bachelor Degree or Pre University Course or SSLC or holder of Diploma in Kannada or passed Examination Board/Kannada Sahitya Parishath Bangalore.
Note: As per Govt. order No.ED 27 SLV 2004 Dt:21.03.2006. Diploma in painting / Diploma in Commercial / Applied Arts conducted by Board of Technical Examination are equivalent exams.”
6. Some of the diploma holders feeling aggrieved by the prescription of qualification under Rules 2011 approached this Court in W.P.No.34861- 71/2012 questioning the validity of prescription of qualification under Rule, 2011 dated 22.11.2011. During the course of argument, learned counsel for the respondent submitted that he would make necessary appraisal to the Principal Secretary, Government of Karnataka to take steps for modification of the qualification. In view of such submission, petition was allowed. While quashing notification dated 27.04.2011 and further directed respondent No.3 for issuance of fresh notification after prescription of proper qualification insofar as the post of Drawing Teacher is concerned. Dissatisfied by the decision of the learned Single Judge dated 22.11.2012 some of the degree holders filed a writ appeal. In writ appeal No.424- 438/2013 along with connected matters was decided while affirming the decision of the learned Single Judge. Further, an observation has been made with reference to Single Judge decision in (2007) 8 SCC 100 that selected candidates do not have vested right for appointment in this background respondent No.3 proceeded to issue amendment to the Regulations, 2011 called (Amendment) Regulations, 2013 notified on 17.06.2014.
7. Learned counsel for the petitioner submitted that prescription of decree in BFA or BVA for the post of Art and Drawing Teacher is arbitrary and contrary to the decision of the learned Single Judge read with the decision of Division Bench. While issuing (Amendment) Regulations, 2013, respondent No.3 has not taken note of the decision of the learned Single Judge as well as the decision of Division Bench.
8. On the other hand, learned counsel for the respondents resisted the petitioners contention and supported (Amendment) Regulations, 2013. It was further contended that it is a policy decision of the State Government and it is for the State to prescribe what qualification is required for a particular post. In order to enhance the quality of education, degree holder in Bachelor of Fine Arts or Bachelor of Visual Arts has been prescribed or Diploma in Drawing and Painting Examination equivalent. The petitioners’ right has not been taken away in participation in the selection process, since out of 460 posts, 230 have been earmarked for diploma holders. Therefore, the petitioners have not made out a case. It was further contended that earlier, decisions rendered by the learned Single Judge and Division Bench has been taken into consideration. In order to seek for quashing of prescription of qualification of degree in Bachelor of Fine Arts or a Visual Arts has no assistance in respect of decision passed by the learned Single Judge and Division Bench in writ appeal No.424-438/2013 along with connected matters.
9. Heard learned counsel for the parties.
10. Question for consideration in the present petitions is whether prescription of qualification for Art and Drawing teacher – must be a holder of degree in BFA or BVA from the recognized university is in order or not. The persons who approached this Court in questioning the validity of the Rule, he must satisfy conditions in respect of validity of a Rule like Competent Authority, unreasonableness, violation of Articles 14 to 16 of the Constitution of India and other criteria, whereas petitioners vehemently contended that learned Single Judge while deciding W.P.Nos.34861-71/2012 quashed the earlier Regulations, 2011 in respect of Drawing Teacher and it has been upheld by the Division Bench. Perusal of the learned Single Judge as well as Division Bench decisions, there is no elaborate discussion relating to the validity of Rules, 2011 merely on the admission of the learned counsel for respondent No.3. Learned Single Judge proceeded to pass orders while quashing the notification dated 24.12.2011 and it was affirmed by the Division Bench. Even in the Division Bench’s decision, there is no discussion relating to the criteria in respect of challenge to the validity of Rule, 2011. Therefore, the cited two decisions of the learned Single Judge and Division Bench has no assistance insofar as seeking for quashing portion of amended Regulation, 2013 in respect of the post of Art and Drawing teacher. The petitioners have not addressed this Court, what is in nexus between the post of Art and Drawing teacher and restricting qualification only in diploma in Drawing or Painting examination or equivalent examination. They have not appraised this Court what is the harm in prescription of Degree in BFA or BVA. On the other hand, prescription of higher qualification for Art and Drawing teacher would enhance the efficiency of students as well as teacher who teaches in the relevant field. In the absence of any nexus between the post and qualification, there is no arbitrariness as such. Courts and Tribunals normally would not interfere with the validity of Rules, unless and until it violates statutory provision or Article 14 to 16 of the Constitution of India and unreasonableness. It is not for Court to lay down methodology of recruitment to a post. The petitioners have not appraised this Court any one of the aforesaid issues in the present petitions.
11. In the case of P.U.JOSHI AND OTHERS V/s.
ACCOUNTANT GENERAL, AHMEDABAD AND OTHERS reported in 2008 (9) SCC 242 at paragraph No.10 held as under:
“10. We have carefully considered the submissions made on behalf of both parties. Questions relating to the constitution, pattern, nomenclature of posts, cadres, categories, their creation/abolition, prescription of qualifications and other conditions of service including avenues of promotions and criteria to be fulfilled for such promotions pertain to the field of Policy is within the exclusive discretion and jurisdiction of the State, subject, of course, to the limitations or restrictions envisaged in the Constitution of India and it is not for the Statutory Tribunals, at any rate, to direct the Government to have a particular method of recruitment or eligibility criteria or avenues of promotion or impose itself by substituting its views for that of the State. Similarly, it is well open and within the competency of the State to change the rules relating to a service and alter or amend and vary by addition/substraction the qualifications, eligibility criteria and other conditions of service including avenues of promotion, from time to time, as the administrative exigencies may need or necessitate. Likewise, the State by appropriate rules is entitled to amalgamate departments or bifurcate departments into more and constitute different categories of posts or cadres by undertaking further classification, bifurcation or amalgamation as well as reconstitute and restructure the pattern and cadres/categories of service, as may be required from time to time by abolishing the existing cadres/posts and creating new cadres/posts. There is no right in any employee of the State to claim that rules governing conditions of his service should be forever the same as the one when he entered service for all purposes and except for ensuring or safeguarding rights or benefits already earned, acquired or accrued at a particular point of time, a Government servant has no right to challenge the authority of the State to amend, alter and bring into force new rules relating to even an existing service.”
12. In the case of UNION OF INDIA V/S. PUSHPA RANI AND OTHERS reported in (2008) 9 SCC 242 at paragraph Nos.39 and 40 held as under:
“39. The framers of the Constitution were very much conscious and aware of the widespread inequalities and disparities in the social fabric of the country as also of the gulf between rich and poor and this is the reason why the goal of justice - social, political and economic was given the place of pre-eminence in the Preamble. The concept of equality enshrined in Part III and Part IV of the Constitution has two different dimensions. It embodies the principle of non- discrimination [Articles 14, 15(1), (2) and 16(2)]. At the same time it obligates the State to take affirmative action for ensuring that unequals (downtrodden, oppressed and have-nots) in the society are brought at a level where they can compete with others (haves of the society) (Articles 15(3), (4), (5), 16(4), (4-A), (4-B), 39, 39-A and 41).
40. The legislative and administrative measures taken by the State for providing reservation of seats and posts in the field of education and employment are reflective of the affirmative action taken for achieving the goal of real equality. However, implementation and execution of such actions have continuously faced roadblocks at several stages. Those who had been benefited by the existing system cried foul and created the bogy of violation of their legal and constitutional rights. Almost all the actions taken by the State and its agencies for ameliorating the conditions of have- nots of the society by providing reservation were subjected to periodical judicial scrutiny. By and large, the Courts approved the affirmative actions of the State but on some occasions the policy of reservation or implementation thereof was found to be faulty and actions taken by the government have been nullified or sliced by judicial intervention.”
13. In view of the Hon’ble Supreme Court decisions, it is evident that the prescription of qualification and other service condition of an employee is vested with the employer/government. The employer or Government are the competent and best authority to prescribe what is the qualification for each and every post including other service condition and it is not for the Court and Tribunal. In view of these facts, petitioners have not made out a case so as to interfere with amendment Rules, 2013 notified on 17.06.2014 in respect of prescription of degree in BFA/BVA from the recognized university for the post of Art and Drawing Teacher post.
Writ Petitions stand dismissed.
Sd/- JUDGE HA/-