IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE P. S. DINESH KUMAR WRIT PETITION NO.49953/2019 (S-RES) BETWEEN:
SRI. SPURTIKUMAR, S/O. PRABHAKAR DEVARGUDI, AGED ABOUT 25 YEARS, R/AT NO.2, 1ST FLOOR, VASANTHAPPA BLOCK, C.B.I. MAIN ROAD, GANGANAGAR, ENGALURU-560 032 (BY SRI. N.B.PATIL, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, .. PETITIONER DEPARTMENT OF PRIMARY AND HIGHER EDUCATION, M.S.BUILDING, BENGALURU-560 001.
2. THE ADDITIONAL COMMISSIONER FOR PUBLIC INSTRUCTIONS, DHARWAD-580 001.
3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, VIJAYAPURA DISTRICT, VIJAYAPURA-586 101.
4. THE BLOCK EDUCATION OFFICER, BASAVANABAGEWADI TALUK, VIJAYAPURA DISTRICT-586 203.
5. SRI GOWRISHANKARA VIDHYAVARDHAKA SANGHA MUTTAGI, BASAVANABAGEWADI TALUK, VIJAYAPURA DISTRICT-586 216, REP. ITS PRESIDENT SRI.RAMESH S. SULIBHAVI.
6. SRI GOWRISHANKARA HIGH SCHOOL, MUTTAGI, BASAVANABAGEWADI TALUK, VIJAYAPURA DISTRICT-586 216, REP. ITS HEAD MASTER.
.. RESPONDENTS (BY SRI RAMESH JOIS M.V., AGA., FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED RECRUITMENT PUBLICATION DATED 10.09.2019 PUBLISHED ON 11.09.2019 IN VIJAYAVANI KANNADA DAILY NEWSPAPER BY THE R-5 AT ANNEXURE-A IN SO FAR IT OBJECTED TO AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner is seeking a writ of certiorari to quash recruitment notification published on 10.09.2019 in Vijayavani Kannada daily newspaper calling for the posts of Assistant Teacher, Kannada and Social Science in Sri Gowrishankara High School, Muttagi, Basavanabagewadi Taluk, Vijayapura District.
2. Sri N.B.Patil, learned advocate for the petitioner submits that his grandfather had donated a piece of land to 5th respondent – Society. The Society has constructed a building on the said land and running a school. The society had agreed to provide a job to any one member of the family. Petitioner has passed his B.Ed. examination and he is eligible to be appointed as Assistant Teacher under General Merit (Rural) category. However, respondent No.5 – Society has issued the impugned notification for recruitment of two posts of Assistant Teacher, one reserved for Scheduled Tribe and the other for General Merit (Women). Therefore, notification is issued to deprive the petitioner of his post. Hence, this petition.
3. Learned Additional Government Advocate for respondents 1 to 4 submits that the school is situated in Vijayapura which falls within the jurisdiction of the Kalaburagi Bench. Hence, writ petition is not maintainable in the Principal Bench.
4. Learned Additional Government Advocate is right in his submission that cause of action has arisen within the jurisdiction of Kalaburagi Bench. Hence, this writ petition is not maintainable in Principal Bench. Accordingly, it is disposed of without expressing any opinion on merits.
Sd/- JUDGE PKS