IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.13409 OF 2017 (S-RES) BETWEEN:
SRI.B.RAME GOWDA S/O.LATE BASAVE GOWDA AGED ABOUT 42 YEARS WORKING AS IN-CHARGE JUNIOR ENGINEER OFFICE OF ASSISTANT EXECUTIVE ENGINEER NO.4, WATER SUPPLY AND SANITARY SUB DIVISION (WEST) RPC LAYOUT, VIJAYANAGAR BANGALORE-560 040 (BY SRI.M.S.BHAGWAT, ADV.) AND:
1. THE CHIEF ADMINISTRATIVE OFFICER AND SECRETARY BANGALORE WATER SUPPLY AND SEWERAGE BOARD 1ST FLOOR, CAUVERY BHAVAN K.G.ROAD, BANGALORE-560 009 2. THE ASSISTANT EXECUTIVE ENGINEER NO.4, WATER SUPPLY AND SANITARY SUB-DIVISION (WEST), RPC LAYOUT VIJAYANAGAR BANGALORE-560 040 3. THE KARNATAKA STATE OPEN UNIVERSITY REPRESENTED BY ITS REGISTRAR MUKTHAGANGOTHRI … PETITIONER MYSORE-570 006 (BY SRI.B.L.SANJEEC, ADV. FOR R-1 & R-2 R-3 SERVED AND UNREPRESENTED) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS PERTAINING TO IMPUGNED ORDER DTD: 21.03.2017 FROM THE R-1 QUASH THE IMPUGNED ORDER DTD: 21.03.2017 (ANNEXURE-A) ISSUED BY THE R-1 AND ETC.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petition, petitioner has assailed the Official Memorandum dated 21.3.2017 (Annexure-A) by which petitioner’s posting as a Junior Engineer on temporary basis, which is on his own pay scale and grade has been canceled on the score that the degree possessed by the petitioner in B.E. has not been recognized by AICTE.
2. Learned counsel for the petitioner submitted that petitioner has joined course in the year 2012-13 and completed the course in the year 2014-15. Relating to recognisation of obtaining degree from the concerned open University was a subject matter of litigation before this Court in W.P. No.34255/2016 decided on 27.6.2016 wherein, it is held that who have joined the University up to and including the academic year 2012- 2013 and obtaining degree for post of Assistants, F.D.A. in accordance with law were permitted to take the benefit of University degree.
3. On the other hand, learned counsel for the respondents submitted that petitioner has no right to continue in the Junior Engineer since his posting order was on his own post and grade of pay and such posting is temporary. Consequently, he has no right over the post until and unless, he has entered in the cadre of Junior Engineer. In view of these facts and circumstances, no reasons assigned in Annexure-A – Official Memorandum dated 21.3.2017 that degree obtained by the petitioner is not a recognized Institute with reference to AICTE, however, it has been clarified in Annexure-K. The petitioner who get the benefit of Annexure-E in view of the fact that petitioner has joined the degree course in the year 2012-2013 and acquired in the year 2014. Hence, reasons have not been assigned in Annexure-A and it is hereby set aside.
4. Insofar as posting of the petitioner in the post of Junior Engineer to be examined by the concerned respondent within a period of four weeks from the date of receipt of this order. In the event of petitioner eligibility r/w regulation governing the post of Junior Engineer petitioner case be considered and speaking order shall be passed to that extent and communicate the decision to the petitioner.
Sd/- JUDGE BS