IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION No. 5540 OF 2011 (S-RES) Between:
Smt. Shylaja C.R W/o N. Satish Kumar D/O L. Ramajetty Aged about 41 years R/o No. 788/ 25, 10th Cross Srinivsasa Agrahara Ramanuja Road Mysuru – 570 004. …..Petitioner ..
(By Sri.M.M.Swamy, Avocate) And:
1. University of Mysore Crawford Hall Mysuru – 570 004 Respresented by its Registrar 2. Vice Chancellor University of Mysuru Manasa Gangotri Mysuru – 570 005.
3. Yuvaraja’s College Mysuru University Opp. University Campus Mysuru – 570 005.
Represented by Principal.
4. State of Karnataka Represented by Secretary to the Government Education Department M.S. Building Dr. Ambedkar Veedhi Bengaluru – 560 001. … Respondents (By Sri. T.P Rajendra Kumar Sungay, Advocate for R-1; Sri. K.T. Mohan, Advocate for R-2 Notice to R-3 Served and unrepresented Sri. Sridhar N. Hegde, HCGP for R-4) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to Direct the 1st Respondent, the University of Mysuru, Crawford Hall, Mysuru, Represented by its Registrar, to consider the representation of the petitioner dated 02.11.2006 vide Annexure P, to give permanent employment for the post of Lecturer in physics in the 3rd respondent College (Yuvaraja’s College, Mysuru University, Opp. University Campus, Mysuru) This Writ Petition coming on for Hearing, this day, the Court made the following:
ORDER R. DEVDAS J., (ORAL):
Sri. T.P.Rajendra Kumar Sungay, learned counsel is directed to take notice for respondent No.1-University.
2. The prayer made in this writ petition for seeking direction to respondent No.1-University to regularize the service of the petitioner, is similar to the prayer which was made in W.P.No.51342/2016 and connected matters which were disposed of by order dated 23.04.2019.
3. In W.P.No.51342/2016, this Court has considered the arguments of the rival parties and passed the following order:
ORDER 1) These writ petitions are partly allowed.
2) The respondent-University shall take steps to regularize as one-time measure, the services of the petitioners herein and all such similarly placed person/persons, who were appointed under Section 51B of the Karnataka State Universities Act, 1976 and or Section 56 of the Karnataka State Universities Act, 2000, who have put in 10 years or more, immediately before the notification of the rules.
3) The respondent-University shall set in motion the process of regularization and complete the same within a period of six months from today.
4) The respondent-University may impose a condition that on regularization, if the person/ persons have not acquired the qualification such as NET/SLET as required under the existing UGC norms, they shall acquire the qualification within a reasonable time from the date of their regularization, as was provided in Statutes, 2004.
5) The petitioners shall not be relieved or discontinued from service till they are considered under the Rules that are to be formulated as directed above.
6) The respondent-University shall follow the roster of reservation while regularizing the services, as far as possible.
In view of the above, this petition is also disposed of granting the same benefit that was granted to the petitioners in W.P.No.51342/2016. However, the petitioner herein was not in service even as on the date of filing of this writ petition. Therefore, the direction issued by this Court, directing the respondent-University not to relieve or discontinue the petitioner from service, shall not apply in this case.
The petition is accordingly disposed of.
Sd/- JUDGE NR/-