High Court Karnataka High Court

Nayeemunnisad/O Mohd Abdul Haq vs The State Of Karnataka Rep By Its … on 12 August, 2008

Karnataka High Court
Nayeemunnisad/O Mohd Abdul Haq vs The State Of Karnataka Rep By Its … on 12 August, 2008
Author: K.Sreedhar Rao Gowda
IN THE HIGH COURT OF KARNATAKA cmcurr BEMBB " 

GULBARGA

DATED THIS THE 1}§:"'DAY OF r4U¢:,%72m8 *    '   '  

PREsEN'r[%  % .%  
THE HONBLE MR. JUSTICE 
      
THE HONTSLE MR. fiowm
m». :39. H839}  ' 

BETWEEN:

Nayeemuntlisa, . V  _   ' -
D/0. Mohd. Abdul   
C/0. Mohd adici, V  _  = . 
Aged about 4?"

_ "R/o.  '1--- 103', "Hc}c1'apur,

 C}"u1ba'rg'a 535103.       § Petitioner
(By Sizi _VJaVid_ Hussa§z_1;* Advocate)

3939*

 of 

' "  'By its 
i Educ;afiofi--.¢Dcpa1'unent,

 _ 'Ms, :3;xz2«.1mg,
  --~-- 560 001.

- u V   Cibmmissioncr for Pubiic instmctions,

 Rxblic Omens, Nruprathunw. Road,

 Bangalore- 560 001.



3. The Joint Director,
Dept. of Public Instructitrns,
Gulbarga Division,
Gulbarga.

4. The Deputy Director of Public 2 V
Gulbarga District,  " 
Gulbanga.

{By 811 M. Kumar, AGA)

 '  ' :4 " Rcspéiidcfifs

This W.P. is filed  qtlashthe  order
dated 28.3.2007   the Honfbie
Kamataka   __'I*;f§bui1aj1 in application
No.3104/2002 and a.;i10;,W the filed by the
petitioner  !{ .'A.V'I'."  the respondents to

select and appoint ti1:%jpcIiV1.:ioz14<:'1!.._to tfm post of Primary School
Teacher (Engli=s_h)= havilzg-»..duf:'V"–regaI*d to her merit with all
consequential "

This Writ “on for orders this day, the
SREE1§NASE , maria the fol1owing:-

ORDE

Tfle’ an applicant for the post of Primary

‘rc~a§1;er, English subject in Kannada Medium

” xéépondents did not ooasider her case far

Z A’ A ground that she has not studied Kmnaada as
or second langw in the qualifying examination for
post. The applicant aggrieved by the action of the

respondents in not oonmidering her car: has

application in A.No-.3104/2062 before K.A.T.

to the respondents to consider her u V

according to the ranking obtained

appointment order. The KAT by %

28.3.2007 dismissed her appl§cationV_Ii{§i$.iIig{ not
studied Kannada as first or the quamying
examma’ tions. The apgghcanf t of KAT

has preferred this : ‘

2. The for the petit:io1m* has
ouygtliat Education Department

of Public Ixxstructicm) (Recruitment)

;–Rules, (hereinafter called ‘the Ruks) the

caggdidate appne-41 air the post of Primary School Teacher in

Kannada Mmium School need not have

j, as first: or second language in the quahfy’ ing
prescribed for the post and the Tribunal Without

considering the Rules properly has erred in rejecting her

application.

3. The learned Counsel appearing for 1

submits that this case is squarely ‘

the Division Bench of this _ ”

W.P.No.34064/ 2004 vide AI1I1ext11*e–1’\E;_ :f;=:;¢
appearing for the respondents’ the

4. Aeeordingly, the The
mpugned order of is set aside.
The the case of the
applicant for of Primary School
Teachers Kennada Medium School or in

accordance with the Rules Armexure–

1A(1) WitfliI1 3 the date of receipt of the copy of

tVheoVI’dVer.

Iudge

Sd/-‘
Judge