IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR W.P.NOS.47993 & 57640/2017 (S-RES) BETWEEN 1. SRI MANAGALA EDUCATION SOCIETY, SRI MANGALA, VIRAJPET TALUK, KODAGU DISTRICT-571 217, BY ITS PRESIDENT SRI M. T. VISHNU, REPRESENT BY THE DIRECTOR, SRI. K. B. POOVANNA S/O.SRI. K.C. BOPAIAH, AGED ABOUT 38 YEARS.
2. SMT. PANNA K.M. D/O. SRI MEDAPPA, AGED ABOUT 32 YEARS, SULUGUDU VILLAGE, BALALE, VIRAJPET TALUK, KODAGU DISTRICT-571 217.
(BY SRI PARTHASARATHI M S, ADV.) AND 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO THE GOVERNMENT, (PRIMARY AND SECONDARY EDUCATION), M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001.
... PETITIONERS 2. THE DIRECTOR PRE-UNIVERSITY EDUCATION DEPARTMENT, 18TH CROSS, SAMPIGE ROAD, MALLESWARAM, BANGALORE-560 003.
3. THE DEPUTY DIRECTOR PRE-UNIVERSITY EDUCATION DEPARTMENT, MADIKERI, KODAGU DISTRICT-571217.
... RESPONDENTS (BY SRI T.SMAHANTHESH, AGA FOR R1 TO R3.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DTD:22.9.2017 ISSUED BY THE OFFICE OF THE R-2 VIDE ANNEXURE-L.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Heard the learned Counsel for the petitioners and the learned AGA for respondents.
2. It is submitted by the learned Counsels that this writ petition could be disposed off in terms of the order dated 28.05.2019 passed by the coordinate bench of this Court in W.P.No.26838/2018.
3. The submission of the learned Counsels is placed on record. The coordinate bench while disposing off the above noted writ petition has been pleased to observe in paragraph 8 as follows:
“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.”
4. In view of the above, the instant writ petition is also disposed off in similar terms.
Sd/- JUDGE KK CT-HR