High Court Karnataka High Court

C K Ananda Kumar, M.Sc. vs The State Of Karnataka on 10 December, 2010

Karnataka High Court
C K Ananda Kumar, M.Sc. vs The State Of Karnataka on 10 December, 2010
Author: A.S.Bopanna
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 10TH DAY OF DECEMBER 

BEFORE _ .A_
THE HONBLE MR. JUSTICE A. S. SOMPAI~INA.'_C;. 

WRIT PETITION No. 29918 {I-VS"'-I_'1'«{'.IAOc§Ia;I\}II~:NT OF RANEBENNUR
TALUK --I:DUCA'I'1ON SOCIETY ®

7 REP. BYITS PRESIDENT

V .R..T.E.S'."'AR'I'S, SCIENCE AND

" COMMERCE COLLEGE CAMPUS

O' VRANIIBENNUR -- 581115  RESPONDENIS

  ..{1BY_§SRI RAGHAVENDRA GAYATPIRI, GP FOR R1 8: R2

 SR1 C. H. JADHAV, ADV. FOR R3}

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3. The grievance of the petitioner is that he was

eiigible to be promoted as Principal in the

respondent, institution, as per the guidelines

02.08.1995 indicated in the circular dated 1/iij9ia8ii’ie’t ‘

issued by the Government of Karnataka .as”,per

It is in that context, the petitionerohadxz

relief and had approached respond’ent
the petition under Sec.’ 133 of: the nidiardiiatakad Education
Act, 1983. Since the not been

appropriately order dated

17/4/2o0i’1″iiniitit.re.p§§te.iisréez/oti1iiii(s–aas), had directed
the 15: resporident.VVh’efrei’n*~totconsider and dispose of the

petition -Within” period.”-oft months. Subsequent there

‘ta, t:h’e {.1sfrespendeindtdddhas disposed of the petition filed

the”Vpetitioner,iherein. Though certain observations

which.are___vben.eiicia1 to the petitioner have been made in

” epordergthe “ultimate result is that the petition filed by

‘th’eA_pe-titioner has been dismissed.

«ii:

VII4VV1

4. In the background of the contention putforth

by the learned Counsel for the petitioner that he was
the senior most lecturer during March 1998 and was

therefore eligible to be promoted to the post

Principal as indicated in Clause (vi) of the-goVern’i’nei’i.tT’ i.

order dated 2 / 8 / 1995, the same_has_bee_n”by_ 0″ V

the 15′ respondent. A further”-pperusalhogf’

impugned in this petition’ll\Jsioi1V_ld indicate 15:-_~_’

respondent has taken note—-oi”v–thegA fact”–th.at..:§ one Sri

Sannabornmaji had asevl:l_in:¥Charge Principal

and ejienllltlioittghlproposalliztiaslputforth for appointing
him rejected on 7/ 3 / 2000, no

fresh. proposal was inaéie by the Management. In this

13* respondent has also noticed that even

petitioner was entitled to be appointed as

in the absence of proposal, appointment

coguldziiot be made which indicated that the lapse of the

0′ =.man’agen1ent had prejudiced the petitioner. Despite

-~-COII1lI1g to the said conclusion, 1*?’ respondent. on

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noticing that as on the date of passing of order by the
181 respondent, petitioner had attained the age of

superannuation, has thought it fit that no

could be issued to the 3rd respondent, ManAagen::i:ent’;~ ‘

appoint the petitioner as Prineipa_.1r

5. In my view, by the

respondent in fact has Come’.t_o~a prinia faeie eoneiusion V

that the petitioner was entitIed.’Vp_to’uth_e reiiea but could
not be granted only beeaiiseihmtained the age of

superannuation, in dciijteunistances, the 154

respondent heard the 3rd respondent and

come to a”e_o13e1us_ion whether the right which had

ace1*tieVdi’~to thne”i-ptetitiponer had been unjustiy denied to

___After recording a finding on that aspect

iofpthe the 15′ respondent had Come to the

eoneitisiionvdithat the right of the petitioner had been

denied though he was iegaliy entitied to,

i petitioner would have been entitled to the monetary

£2

-5-

benefits, which he would have earned if, in fact, h-e__ had

been appointed as the Principal when the.A..r’i§_§ht”o:’–had

accrued to him. Hence this aspect

requires re–considerat1’on by the””‘I>*3i.respondent, “a=fte’r

providing opportunity to the res’.poAn’dventn.urfln’–..

consideration, if the 15′ ‘r,é”sp0nd€n.t’vairrixfesat a

Conclusion that the ‘right to the
petitioner was _.~’.:1_:Vs»:’ivii}-respondent shall
issue an apprepri’ate respondent to
pay the be determined by

the with law.

6. °H_ei1eeVr the I” respondent to re–do

the rpatter invnitfrevrnariner stated above, the order dated

216/2 /’?,§)O3,.ev’iinpugned in this petition, stands quashed.

1\5/Latter st-arji_d,§uremitted to the 18′ respondent to restore

petit’ion’7i\Eo; 47/2000 on file. Issue notice to the 3*”

it ‘Xfrespondent herein and after hearing the petitioner as

é

weli as the 3%’ respondent, come to a conclusion i-:1,

accordance with law.

In terms of the above, the petition stands.dis.:§foséti:: .

of.

No order as to costs.

Rc’af–