IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH 2019 PRESENT THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD WRIT PETITION NOs.913-916/2019 & WRIT PETITION NOs.10016-24/2019 (S-KAT) BETWEEN:
1. MANDARA S AGED ABOUT 29 YEARS #266, NANDI BLOCK-3 JOCKY QUARTERS, MYSORE - 570001 2. GOVINDARAJ S/O HANUMANTACHAR KADAKOL, AGED ABOUT 38 YEARS R/O RAJENDRANAGAR HAVERI SCAN CENTER ROAD HAVERI DISTRICT – 581110.
3. KALLAPPA S/O SHANKARAPPA RABAKAVI AGED ABOUT 29 YEARS R/O UTTAR, TQ- MUDHOL DIST : BAGALKOT - 587101 4. FAKEERAPPA S/O MATYREPPA AGED ABOUT 29 YEARS R/O TORANADINNI TQ MANVI DIST RAICHUR - 584101 5. RAGHAVENDRA T PATEGAR AGED ABOUT 32 YEARS R/O SULEBHAVI TQ HUNAGUNDA DIST BAGALKOT - 587101 6. SAIYADASAB S/O KHADRISAB BAGAWAN AGED ABOUT 35 YEARS R/O MULAWAD, TQ B. BAGEWADI DIST: VIJAYAPURA - 586101 7. VEERABHADRAIAH S AGED ABOUT 41 YEARS R/O # 10.117, NEW STREET KOLLEGAL – 571440.
8. RAMYA V AGED ABOUT 34 YEARS, R/O # 1-11-56/167, DEVARU COLONY NEAR METHODIRT CHURCH RAICHUR – 584101.
9. ANNPURNA J AGED ABOUT 34 YEARS R/O ANNPURNA J D/O AYYAPPA J C/O VENKATESH K H, NO 130, L BLOCK POLICE COLONY RAICHUR- 584101 10. HARSHA BHAT AGED ABOUT 32 YEARS R/O MALKOD KELGINA INDAGUNJI TQ HONNAVAR (UK) - 581342 11. RAVI NAIK AGED ABOUT 32 YEARS R/O MEDAGARAMANE BDKE TQ BHATKAL U K - 581320 12. DAYANANDA N GOWDA AGED ABOUT 33 YEARS R/O UTTARKANNADA HONNAVAR – 581342.
13. RYAVANNA S/O DUNDAPPA NADAGADDI AGED ABOUT 38 YEARS R/O R D NADAGADDI TALEWAD TQ B BAGEWADI DIST VIJAYAPURA – 586101 ... PETITIONERS (BY SRI.S B HALLI, ADV.) AND 1. THE STATE OF KARNATAKA EDUCATION DEPARTMENT (PRIMARY AND SECONDARY ) REPT BY ITS SECRETARY VIDHANA SOUDHA, BENGALURU-01.
2. OFFICE OF THE COMMISSIONER PUBLIC INSTRUCTION NEW PUBLIC OFFICE, K R CIRCLE NRUPATHUNGA ROAD, BENGALURU - 01 3. JOINT DIRECTOR OF PUBLIC INSTRUCTIONS- 1 RECRUITMENT AND SPECIAL OFFICER OPP KAVERI BHAVAN K G ROAD BENGALURU - 01 ... RESPONDENTS (BY SRI.I.TARANATH POOJARY, AGA.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE HON'BLE KAT IN APPLICATION DATED 11.12.2018 VIDE ANNEXURE-K IN RESPECT OF PETITIONERS 1 TO 13 AND; QUASH THE ORDER PASSED BY THE RESPONDENT-1 DATED 17.7.2018 & DATED 26.7.2018 VIDE ANNEXURE-F AND G IN RESPECT OF PETITIONER NO.1 TO 13 RESPECTIVELY AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:
ORDER The legality and correctness of the order dated 11.12.2018 passed in Application Nos.8750- 8764/2018 by the Karnataka Administrative Tribunal (hereinafter referred to as the “Tribunal” for the sake of brevity) is questioned in these writ petitions. By the said order, the Tribunal has rejected the applications filed by the petitioners herein.
2. Briefly stated the facts of the case are that by notification bearing No.ED:321:PBS:2018 dated 17.7.2018, applications were called for the post of Graduate Primary School Teachers in various districts. Petitioners had applied for the said post for 6th to 8th standards. They appeared for competitive examinations and according to the petitioners, they secured good marks and their results were also published. Thereafter, there is no progress in the matter. The respondents have modified the original procedure of selection process in the ratio of 1:1 to 1:2 and same was modified to 1:3 and selection list has not been finalized. Therefore, the petitioners filed applications before the Tribunal seeking certain reliefs. The Tribunal has rejected their applications as being devoid of merits. Hence, these writ petitions.
3. We have heard the learned counsel for the petitioners and learned Additional Government Advocate appearing for the respondents and perused the material on record.
4. At the outset, learned Additional Government Advocate has filed a memo enclosing the notification dated 5.11.2018, by which 3389 candidates have been selected for appointment of Graduate Primary School Teachers. He submits that district wise summary of selection list has been appended and that the selection process has been completed and selected candidates have been appointed and they are working in their respective posts. If the petitioners are aggrieved by the selection process, they ought to implead the selected candidates and challenge the selection list. But the same has not been done. He contended that there is no merit in the writ petitions.
5. The memo filed by the learned AGA is taken on record.
6. By way of response, learned counsel for the petitioners submitted that selection of Graduate Primary School Teachers in Social Science stream has not been made.
7. However, the said grievance cannot be agitated at this point of time as the selection process has been completed and selected candidates have been appointed and they are discharging their duties.
8. In the circumstances, we find that the Tribunal was justified in not entertaining the applications filed by the petitioners herein and dismissing the same.
9. At this stage, learned Additional Government Advocate submits that fresh notification calling for applications from eligible candidates has been issued and that there is proposal to fill up 10,000 posts. Petitioners are at liberty to apply to the said posts, if they are so eligible and if they are so advised.
10. In view of the aforesaid observations, the writ petitions are dismissed.
Sd/- JUDGE Sd/- JUDGE DM/-