IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.26838/2018 (EDN – RES) BETWEEN:
SARVAGNA VIDYA PEETA B.T.PATIL PRE UNIVERSITY COLLEGE MASUR, HIREKERUR TALUK, HAVERI DISTRICT REP BY ITS PRESIDENT …PETITIONER (BY SRI SRIKANTH M.P., ADV. FOR SRI M.S.PARTHASARATHI, ADV.) AND:
1. STATE OF KARNATAKA REP. BY ITS SECRETARY TO THE GOVERNMENT PRIMARY & SECONDARY EDUCATION M.S.BUILDING, BANGALORE-560001 2. THE ADDITIONAL SECRETARY TO THE GOVERNMENT PRIMARY & SECONDARY EDUCATION M.S.BUILDING, BANGALORE-560001 3. THE DIRECTOR PRE UNIVERSITY EDUCATION DEPARTMENT 18TH CROSS, MALLAESHWARAM BANGALORE-560003 4. THE DEPUTY DIRECTOR PRE UNIVERSITY EDUCATION DEPARTMENT HAVERI DISTRICT, HAVERI-581110 …RESPONDENTS (BY SMT.PRAMODHINI KISHAN, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 30.05.2018 ON APPEAL NO.8/2010[ED513 DGW 2012] WRONGLY NUMBERED AS APPEAL NO.28/2014 [NO.ED513 DGW 2012] VIDE ANNEXURE-Q.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the order dated 30.05.2018 in Appeal No.8 of 2010 (No.28/2014) at Annexure-Q to the writ petition inter alia seeking a direction to the respondents to fill up the posts of Lecturers in the petitioner-institution from open competition instead of reserving the same for a particular category as they are to be treated as single post.
2. The petitioner is a Society registered under the provisions of the Karnataka Societies Registration Act, 1960 and is permitted by the State Government for running the institution to impart education to the students. The college established in terms of the Government order dated 02.07.1981 has been admitted to grant-in-aid by the Government and the Department. It is contended that the institution has two branches in the Pre-University Course i.e., Arts and Commerce. In the Arts wing, the institution has History, Economics, Political Science and Geography subjects and all the said posts are single posts. It is submitted that the post of lecturer in Political Science in the institution became vacant in view of the retirement of one Sri.Y.B.Doddagouda. The post thereafter is being handled by the part time staff till now. As it was considered necessary, the Management made representation to the Department seeking for permission to fill up the post of the lecturer in Political Science pursuant to which the respondent No.1 communicated to the petitioner to fill up the post by candidate belonging to the scheduled caste.
3. Being aggrieved, the petitioner had preferred an appeal before the 2nd respondent and sought for permission to appoint the lecturers in Kannada and Geography also in addition to the Political Science, in view of the additional vacancies that arose during the pendency of the appeal. The said request has been rejected by the respondent No.2. Hence this writ petition.
4. Heard the learned counsel for the parties.
5. Learned counsel for the petitioner placing reliance on the judgment of the Hon'ble Apex Court in the case of State of Karnataka and Others V/s. K.Govindappa and Another, reported in [2009] 1 SCC 1, would submit that the Single post cannot constitute a cadre in itself for the purpose of reservation. It is settled law that the reservation cannot be applied to a single isolated post as it would amount to 100% reservation.
6. Learned counsel appearing for the respondent-State would point out that in W.P.No.30081/2013 [D.D 11.08.2017], the Cognate Bench of this Court considering the judgment of the Hon'ble Apex Court in State of Karnataka and Others V/s. K.Govindappa and Another supra, has held that the Rules formulated by the State by virtue of Section 49 of the Education Act, 1983 is justifiable and the institutions have to maintain reservation as per the Government Order/Notification issued from time to time. In view of the said Ruling, the arguments of the learned counsel for the petitioner requires to be negated.
7. In response, learned counsel for the petitioner submits that the said order passed by this Court has been stayed by the Division Bench of this Court in W.A.No.6087/2017 [D.D 11.04.2019].
Accordingly, the petitioner may be permitted to appoint the eligible teachers in open competition, subject to the result of the writ appeal.
8. In the circumstances, the submissions made by the learned counsel for the petitioner has some force. Hence, the petitioner is permitted to appoint the eligible teachers in open competition and the same shall be subject to the result of the W.A.No.6087/2017. The petitioner as well as the teachers who will be appointed in open competition shall file an affidavit before this Court that the said appointments shall be subject to the result of the W.A.No.6087/2017 and no equities shall be claimed by them in the event the said writ appeal is held in favour of the State Government/respondents therein, such an affidavit shall be filed within a period of two weeks from the date of the appointment of the eligible teachers as aforesaid.
In view of the aforesaid, writ petition stands disposed of.
In view of disposal of the writ petition, I.A-2/2019 stands disposed of.
Sd/- JUDGE NC.