IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE R DEVDAS WRIT PETITION NO. 9246 OF 2019 ( S-RES) BETWEEN MUNEERA D/O USMAN W/O ABDUL RAHIM AGE ABOUT 29 YEARS RESIDING AT NO. 114/2/1 M.M. HOUSE, HALEPETE UJIRE VILLAGE, UJIRE POST BELTHANGADY TALUK DAKSHINA KANNADA PIN – 574 240.
... PETITIONER (BY SRI MADANGOWDA M. PATIL, ADV. FOR SRI RAHAMATHULLA KOTHWAL, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY EDUCATION DEPARTMENT VIDHANA SOUDHA BENGALURU – 560 001.
2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS NEW PUBLIC OFFICES NRUPATHUNGA ROAD BENGALURU – 560 001.
3. THE DIRECTOR OF PUBLIC INSTRUCTIONS PRIMARY AND SECONDARY EDUCATION OFFICE OF THE COMMISSIONER OF PUBLIC INSTRUCTIONS, NEW PUBLIC OFFICES NRUPATHUNGA ROAD BENGALURU – 560 001.
4. THE SELECTION AND APPOINTING AUTHORITY AND DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS [ ADMNS] DEPARTMENT OF PUBLIC INSTRUCTIONS DAKSHINA KANNADA DISTRICT MANGALURU - 575 001.
… RESPONDENTS (SMT. PRATHIMA, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ISSUE ORDER OF APPOINTMENT AND POSTING ORDER IN FAVOUR OF PETITIONER FOR THE POST OF GRADUATE PRIMARY SCHOOL TEACHERS FOR 6 TO 8 CLASSES AS PER PROVISIONAL AND FINAL SELECTION LIST MADE BY THE RESPONDENTS GOVERNMENT – EDUCATION DEPARTMENT VIDE ANNEXURES – “G” AND “H” AND AS PER THE REPRESENTATION OF THE PETITIONER, DATED 05.02.2019 VIDE ANNEXURE – “P” AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:-
O R D E R R.DEVDAS J., (ORAL):
The petitioner claims to be a successful candidate having been selected to be appointed as a graduate school teacher, in terms of the final selection list published by respondent No.4 at Annexure-H.
2. Learned counsel for the petitioner submits that some of the unsuccessful candidates challenged the selection of the petitioner herein before the Karnataka State Administrative Tribunal. The Tribunal, on 14.12.2018 ordered that selection and appointment of petitioner herein shall be subject to result of the application.
3. Learned counsel submits that inspite of there being no restraint order passed against the respondents, respondents are not appointing the petitioner. The petitioner has therefore approached this Court seeking a direction to the respondents to issue an order of appointment and posting in favour of the petitioner in terms of selection list.
4. The aggrieved parties have approached the Tribunal and the matter is pending before the Tribunal. Therefore, this Court is of the considered opinion that if any order is passed in favour of the petitioner at this stage, it would interfere in the application pending before the Tribunal. The applicants before the Tribunal are also not parties before this Court.
5. In the light of the above, this petition needs to be rejected while directing the petitioner to approach the Tribunal for any relief. With these observations, petition stands dismissed.
SD/- JUDGE nms