IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.24092 OF 2018 (S-RES) BETWEEN 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS DIRECTOR, DEPARTMENT OF COLLEGIATE EDUCATION, BENGALURU.
2. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, PALACE ROAD, BENGALURU.
... PETITIONERS (BY SMT.M.S.PRATHIMA, AGA) AND 1. KARNATAKA STATE COMMISSION FOR SCHEDULED CASTE AND TRIBES, BENGALURU - 560 001.
2. SRI.K.J.VIJAYARAJU, SHANTHI FIRST GRADE COLLEGE, MALAVALLI, MANDYA DISTRICT - 571 430.
...RESPONDENTS (BY SRI C JAGADISH, ADVOCATE FOR R1, SRI JAVID HUSSAIN, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS; QUASH THE ORDER DATED 19.08.2016 (22.08.2016) IN CASE NO.322/2016 (MISC.) VIDE ANNEXURE-C PASSED BY THE KARNATAKA STATE COMMISSION FOR SCHEDULED CASTE AND SCHEDULED TRIBES, BENGALURU AND ETC., THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petition, petitioners have sought for quashing of Annexure-C dated 19.08.2016 (22.08.2016) whereby the Karnataka State Commission for Scheduled Castes and Scheduled Tribes, Bengaluru, has directed the Director, Department of Collegiate Education and the Commissioner, Department of Collegiate Education, Bengaluru, to extend UGC payscale benefit to respondent No.2 on notional basis and to submit a report within 15 days.
2. Undisputedly, the Karnataka State Commission for Scheduled Castes and Scheduled Tribes has no power to mandate the Government to do a particular thing in a particular manner, at the best only suggestions can be given to the concerned Government Officials/authority/s.
3. In view of these facts and circumstances of the case, Annexure-C direction is read down only as a suggestion to the concerned Officials i.e., the Director, Department of Collegiate Education and the Commissioner, Department of Collegiate Education, Bengaluru.
4. The grievance of respondent No.2 in respect of entitlement of UGC pay-scale be examined by the concerned petitioner and pass a speaking order while taking into consideration the suggestion in Annexure-C dated 19.08.2016 (22.08.2016). In this regard, a speaking order shall be passed and communicated to respondent No.2. The above exercise shall be completed within a period of three months from the date of receipt of copy of this order.
Accordingly, petition stands disposed of.
Sd/- JUDGE BSR