IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.46811-46817 OF 2019 (S-RES) BETWEEN 1. SRI. K.M. KRISHNAPPA, S/O MUNIYELLAPPA, AGED ABOUT 46 YEARS, PRESENTLY WORKING AS ATTENDER, O/O JOYTHINIVAS AUTONOMOUS COLLEGE, KORMANGALLA, HOSUR MAIN ROAD, BENGALURU-560095, R/O # 301, KODI CHIKKANAHALLI, LAKE CITY, IIMB POST, BENGALURU-560076.
2. SMT POONDI MARY, W/O. MICHEL RAJ BABU, AGED ABOUT 48 YEARS, PRESENTLY WORKING AS PEON, O/O JOYTHINIVAS AUTONOMOUS COLLEGE, KORMANGALLA, HOSUR MAIN ROAD, BENGALURU-560095.
R/O # 192, 6TH CROSS, LR NAGAR, KORAMANGALLA, VIVEK NAGAR POST, BENGALURU-560047.
3. SMT. LOURDAMARY .A, W/O ANTHONY CRUZE, AGED ABOUT 47 YEARS, PRESENTLY WORKING AS PEON, O/O JOYTHINIVAS AUTONOMOUS COLLEGE, KORMANGALLA, HOSUR MAIN ROAD, BENGALURU-560095.
R/O # 192, 6TH CROSS, LR NAGAR, KORAMANGALLA, VIVEK NAGAR POST, BENGALURU-560047.
4. SRI. STANISLAS, S/O ANTHONY SWAMY, AGED ABOUT 46 YEARS, PRESENTLY WORKING AS ATTENDER, O/O JOYTHINIVAS AUTONOMOUS COLLEGE, KORMANGALLA, HOSUR MAIN ROAD, BENGALURU-560095.
R/O # 113, 2ND FLOOR, KITHGHANAHALLI, HENNAAGHRA MAIN ROAD, BENGALURU-560099.
5. SRI. JAYARAMA T.C, S/O CHIKANNA, AGED ABOUT 48 YEARS, PRESENTLY WORKING AS ATTENDER, O/O JOYTHINIVAS AUTONOMOUS COLLEGE, KORMANGALLA, HOSUR MAIN ROAD, BENGALURU-560095.
R/O # 9, 2ND CROSS, MAGADI MAIN ROAD, HOSAHALLI, GOLARAPALLYA, TULSI NAGAR, BENGALURU-560091.
6. SRI. GOPINATH J, S/O JAYARAM, AGED ABOUT 46 YEARS, PRESENTLY WORKING AS ATTENDER, O/O JOYTHINIVAS AUTONOMOUS COLLEGE, KORMANGALLA, HOSUR MAIN ROAD, BENGALURU-560095.
R/O #18, 4TH CROSS, NEAR SOMESHWARA TEMPLE, VENKATESH PURAM, BENGALURU-560045.
7. SMT. YASHODAMMA, W/O SRINIVASA R, AGED ABOUT 45 YEARS, PRESENTLY WORKING AS ATTENDER, O/O JOYTHINIVAS AUTONOMOUS COLLEGE, KORMANGALLA, HOSUR MAIN ROAD, BENGALURU-560095.
R/O # 87, CHIKKA BEGUR, NEAR GOVERNMENT SCHOOL, DODDA BEGUR POST, BENGALURU-560068. … PETITIONERS (BY SRI. V.LAKSHMINARAYANA, SENIOR COUNSEL FOR MS. ANUSHA L AND SRI. ASHWIN KUMAR H, ADVOCATES) AND 1. THE STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, M.S. BUILDING, BANGALORE-560001, BENGALURU CITY.
2. THE COMMISSIONER OF COLLEGIATE EDUCATION, PALACE ROAD, BANGALORE-560001, BENGALURU CITY.
3. THE DIRECTOR OF COLLEGIATE EDUCATION, PALACE ROAD, BANGALORE-560001, BENGALURU CITY.
4. THE PRINCIPAL, JYOTHI NIVAS DEGREE COLLEGE, HOSUR ROAD, BANGALORE-560095, BENGALURU CITY. … RESPONDENTS (BY SRI. RAMESH V. JOIS, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO APPROVE THE APPOINTMENT OF THE PETITIONERS ON PAR WITH THAT OF MUNIYELLAPPA, NANJAIAH AND B.V PRAKASH AS PER THE ORDERS PASSED BY THIS HONBLE COURT IN W.P.NOS.963-965/2014 (AS PER ANNEXURE – D) AND GRANT ALL CONSEQUENTIAL BENEFITS AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Shorn off the details of pleadings and the prayers, learned Sr. Advocate Sri.V.Laxminarayana submits that the petitioners would make a representation seeking consideration of their case on par with those covered in the judgment dated 18.1.2017 in W.P.Nos.9632-965/2014 (S-RES), which has attained finality in W.A.No.5614/2017, etc. disposed off by the Division Bench dated 25.10.2017, a copy whereof is at Annexure – E and that the official respondents be directed to consider the same in accordance with law.
2. Sri.Ramesh Jois, learned AGA having accepted notice for official respondents fairly submits that if the petitioners make such a representation, there would be no much difficulty for consideration provided that the 4th respondent-Management of the institution also recommends their case; this stand of the State is fair and reasonable.
In the above circumstances, these Writ Petition is disposed off with a direction to the respondent Nos.2 & 3 to consider petitioners’ representation to be made, keeping in view the aforesaid judgments, within a period of three months from the date such representation is made through the 4th respondent.
It is open to the official respondents to solicit any information or documents from the side of the petitioners or the respondent institution for effective consideration of the said representation; however, in the guise of such solicitation, delay shall not be brooked.
All contentions are kept open. Now, no costs.
cbc Sd/- JUDGE