IN THE HIGH comm' or KARNATAIKA AT ~ DATED wars mm 25m DAY or rmnnuargxrgocig T ' THE HONBLE MR..JUs'1*1913 THE HOWBLE na.'2,'Jus*rI¢E wnrr APPEAL BETWEEN: 1.
The State 0£.Kar:}.ataka, .. ;.
RepremI’1tr:d : ‘by $t:t:1fcta1’3f,” ‘ ‘ ”
Education Déparfgment, _ _’
M.S.B1ii1di11g; Vic1E1a1Ia\Sk’e¢gf1hi,
Bangalore M560 001.’ ,’ %
V2. Thc4.Diz’ectorV, . V’
” _ADc1i3_a73″t:_11c:z.t of Pre»-Ehiiiversity
V, ,Ed.ucatié;1, ‘ {ioliege Road,
‘ _ 1 909. . . .AppeI1am:s
V. :(By Sri Basavazj Kareddy, ASA.)
E . :Smt,_M. B.Jayashri,
M ‘$;IV,!o_A’I:;?»ri..Is40t11i1al N.CI:1oudhari.,
— Aged 37 years, Lmturer in Chemistry,
% ssm, P.U.Col1ege,
” ~ . _ R. G. Road, Chikmagalur.
42. Sri.K.N.Manjunath Bhatta,
S/0 Late Kashinarayana Bhatta,
Aged 39 years, Lecturer in Commerce,
MES, SSM, RU. College,
R.G.Road, Chilcmagalur.
3. Mainad Education Society,
Ratnagiri Road, Chikmagalur,
Represented by its Honorary
Secretary.
4. Smt.G.P.Pushpa1atha,
Aged about 48 years,
Lecturer in Kannada,
M.E.S. S.S.M. P.U.Co11ege,
Wemerfs Composite Pre~«Universi
College, Chickmagalur.
5. Smt.B.S.Anantha1akshmi
Lecturer in Sociology
MES, SSM PU College
Womerfs Compsoite Pre~Univefe;it}’.VV _
College, Chick1I1aga1ur…_ = “‘.–._,Respor1dents
(R1~–5 ‘V ” ‘:V
U/s 4 of the Karnataka
High Court Act %praying._t”0§’et aside the order passed in
the writpe1_:itior”1 NQ9226/2003 dated 21/06/2006.
” V. on for Orders this day,
Ggpaia ‘£32., delivered the following»
J’fIDGflNT
‘delay of 56 days in filing this appeal.
explained by the appellant in the application
by the State and its Offieers stating facts at
_’4_§arag’aphs 2 and 3. Accepting the same, this court: in
% exercise of its éisezetionary power condoned the delay.
Accordingly, I.A.II/ O8 is ailowed.
{V
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2. We have heard Sri Basavaraj Kareddy, learned
AGA for appellants in this appeal for admission. The
correctness of the order of the learned Single Judge.__is
challenged in this appeal on the ground
reasoning assigned by him to set aside the
Order dated 10.4.2002 is arbitrary and 11¢ it
reliance upon. Rule 5 of the
Servants (Seniority) Rules, in it srippoivt
submission, wherein, it has for
the seniority list in so as in
3. the: Judge has failed to
appreciate aesigied in the preamble
dateel 10.4.2002, while modifying the
Order dated 11.5.1982 providing for
V V’ considering t.::«.e’ age factor as criteria for determining the
« A,”se_r:1iorifr.4y oftzhe lecturers who are appointed on the same
4. The said legal contention is examined by us
.’S2és.;i.th a View to find out whether the learned Single Judge
is right in accepting the said Government Order
h»/
baa
particularly having regard to Rule 5 of the said Ru_le__s.
With reference to the said Rule, the learned
Judge has rightly held that it is not open: :”for:
Government to take a difierent is as
Lecturers working in the (foiieges see
only subject to the Rule lecfurers.
private colleges ought to~..}Je onh §i»._djfi;erent
footing Wouid be cIea;t’i3′;«’V .”}’Vl’n1_’£:refore, the
petition filed passing the
impugned good reason to
interfere
5. ‘1caust fail as the same is
éevoid of. merit Accor’d2’n g”..§y, the appeal is dismissed
sd/5
Ifii<1§§