IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE R DEVDAS WRIT PETITION NOS.32774-32775/2013 (S-PRO) BETWEEN 1. SRI VISHWABHARATHI EDUCATION SOCIETY, MALLASANDRA, TUMKUR TALUK AND DISTRICT-572112 BY ITS SECRETARY.
2. SRI C. PRAKASH KUMAR, S/O LATE C CHENNAIAH, AGED ABOUT 58 YEARS, PRESENTLY WORKING AS PRINCIPAL S R A PRE UNIVERSITY COLLEGE, OPPOSITE GURU BHAVAN, NEW EXTENSION, GUBBI-572216, TUMKUR TALUK AND DISTRICT. ... PETITIONERS (BY SRI PARTHASARATHI M S, ADV.) AND 1. THE STATE OF KARNATAKA, BY ITS SECRETARY TO GOVERNMENT PRIMARY AND SECONDARY EDUCATION, M S BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560001.
2. THE JOINT SECRETARY TO GOVERNMENT AND APPALLATE AUTHORITY, PRIMARY AND SECONDARY EDUCATION, M S BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560001.
3. THE COMMISSIONER, PRE-UNIVERSITY EDUCATION DEPARTMENT, 18TH CROSS, MALLESWARAM, BANGALORE-560003.
4. THE DEPUTY DIRECTOR, PRE-UNIVERSITY EDUCATION DEPARTMENT, TUMKUR DISTRICT, TUMKUR-572112.
5. SRI SHIVALINGAIAH, S/O. SRI SHIVANNA, AGED ABOUT 60 YEARS, LECTURER IN POLITICAL SCIENCE, SMT. RAMA BAI DR. AMBEDKAR PRE-UNIVERSITY COLLEGE, GUBBI-572216, TUMKUR DISTRICT. ... RESPONDENTS (BY SRI SRIDHAR N HEGDE, HIGH COURT GOVERNMENT PLEADER FOR R1 TO R4, Y.P.ABHILASHA, ADVOCATE FOR R5.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 27.5.13 PASSED ON RP 18/10 BY THE R2 VIDE ANNX-Z.
THESE WRIT PETITIONS COMING ON FOR ‘ORDERS’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
The first petitioner is the institution and the second petitioner who was the Principal of the institution are before this court being aggrieved by the impugned order dated 27.05.2013 at Annexure-Z.
2. The contention of the first petitioner institution is that the institution merged with Smt. Rama Bai Dr. Ambedkar Vidya Samsthe situated at Gubbi, Tumkur District, on a resolution being passed by the management of both the institutions. The resolutions were submitted to the District Registrar of Societies, Tumkur and certificates dated 23.12.1987 and 07.12.1987 were issued, in terms of Section 21 of the Karnataka Societies Registration Act, 1960.
Thereafter, a common seniority list was prepared wherein the second petitioner is placed at serial No.2, while the 5th respondent is placed at serial No.12. The 5th respondent raised a contention that the two institutions have not merged and therefore contended that he should be appointed as the Principal of Smt. Rama Bai Dr. Ambedkar Pre-University College which was run by Smt. Rama Bai Dr. Ambedkar Vidya Samsthe. The Joint Secretary and the Appellate Authority, in the appeal filed by the 5th respondent, in Appeal No.18/2010, held that there was no document produced before the authority to show that the amalgamation was accepted by the competent authority and therefore proceeded to hold that there was no amalgamation. As a consequence the said institution i.e. Smt. Rama Bai Dr. Ambedkar Pre- University College was directed to appoint the 5th respondent herein as the Principal in terms of the seniority of the 5th respondent. Being aggrieved, the institution and the then Principal of S.R.A Pre-University College are before this court.
3. Learned counsel appearing for the petitioners submits that the second petitioner and the 5th respondent have attained the age of superannuation on 30.04.2015 and 30.06.2012, respectively. The learned counsel draws the attention of the court to an order dated 24.11.2009 passed by the Deputy Secretary and Appellate Authority in appeal No.68/2007 where the very same question as to whether Smt. Rama Bai Dr. Ambedkar Education Society merged with Vishwa Bharathi Education Society was considered and held that the two societies have amalgamated. The learned counsel further points out to annexure-AA dated 17.11.2012, which is an information obtained under the Right to Information Act. The District Registrar and Registrar of Societies, Tumkur has given the information that Smt. Rama Bai Dr. Ambedkar Education Society situated at Govindaiah Building, Horapete Main Road, Tumkur has amalgamated with Vishwa Bharathi Education Society by order dated 23.12.1987, under the provisions of Section 21 of the Karnataka Societies Registration Act, 1960. The learned counsel therefore submits that the issue having not been resolved and inspite of the 2nd petitioner and 5th respondent having attained the age of superannuation, the authorities are not permitting the first petitioner institution to proceed to make appointments and fix the pay scales to the teachers and lecturers of the institution or to fill up the vacancies citing that these writ petitions are pending consideration at the hands of this court.
4. The learned Addl. Govt. Advocate appearing for the respondent authorities does not dispute the position that the two societies have been amalgamated in accordance with law.
In the light of the above, this court is of the opinion that the impugned order dated 27.05.2013 at annexure-Z requires to be quashed and set-aside. The petitions are accordingly, allowed and the impugned order dated 27.05.2013 at annexure-Z is hereby quashed and set-aside.
Chs* CT:HR SD/-
JUDGE