WP No.85}/2008
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DI-IARWAD
DATED THIS THE 251% DAY OF' AUGUST, 2Qr,;39- 5 ;_ A'
BEFORE _ V
THE I-ION'BLE MR.JUsT1CE:;}}fi1?if:'J.OUNJAIQ: L
WRIT PETITION Nofssi/é00_$1S.--RES}'V_--v_'.A" - = I
BETWEEN: I I I
SM'? v MARIYAMMA
D/O VERUPAKSHAPPA _
AGED4"/'YEARS _ --. ;
OCC TEACHERVLFAYANAGARA Composma'
PREUNIVERSITYCOLLEGE ..
MUNIRABAD _ -
'FQ&DIS"F KOPPAL =i '--.'=......,.PETITIONER
(BY SRLH.M..DH;iRIC§CND4;"£§i3AI?'.3.. I
AND:
I. THE SECRETARY T'().vGO\'/Ii3--R_'I§l4E\;I ENT OF KARN ATAKA
DEPT.OF*F_.VDUCATION~.v I
Ms BUILDING '~ *
.. «.3-ISANGALORE " _ V
'I2; , THECOM1Vz_1_ssIONER OF PUBLIC INSTRUCTIONS
" ~ NR.U4PA1f'r:IuNO_A ROAD
B,wG_ALO RB V
3. ' _ THE_DEPU_TY DIRECTOR OF PUBLIC
INS--TR.Uf?i"lONS
1«i.OP?.AL DJST
KGPPAL
_ 'WHE SECRETARY
" 'VEERSI-IAIVA VIDHYAVARDHANA SANGHA
GANDFHNAGARA
BELLARY
WP No.851/2008
: 2 :
5. THE CHAERMAN
VIJAYANAGARA COMPOSITE
PRE-UNIVERSITY COLLEGE
MUNIRABAD ' , ~
To & DEST KOPPAL. ...RESP.(;1NDENT_S' * _
(BY SRI.R.I<.HATTI, I-ICGP FOR R1 To 3, _. ~ .
SRIARUN LNEELOPANT, ADV FOI'<"R4,. A
R5 SD) _
THIS PETITION IS FILED UNDER'ARTICLES.226'ANDi227
OF THE CONSTITUTION OF INDIA "PRAYING TO DIREeT..THE R3 -. '
AND R4 HEREIN TO SELECT AND"~APP.OINT THE'~PE?I'1T:ONER TO
THE POST OF ASST. TEACHER IN AR.Ts--,. IN PURSUANT OF THE
NOTIFICATION ISSUED 13Y..THE,HR4,*HofN Ia. 1o.20o'7~PRODUcED
AT ANNEXURE-N AND ET'éL{' 2
THIS PETITION COMINOA.ONpVFOR--"PREi;IVM«INARY HEARING
IN 'E' GROUP, THIS' DAY, THE 'cOrjRTjMxADE«.:TIIE FOLLOWING:
1. as a teacher in 431
respontienitfInstiittiti.on»A.oin-iiiQ6.1986. Suffice it to say that
on 18.10:2f)_C)'7,, the'eéiihtirespondent issued a Notification
inviting iiapplica’ti–Ons_’__&for the post of Assistant Teacher in
ml[ie’petitiOner also was one of the applicants. The
‘grié;<zanceVii.'ef petitioner is that she was not called for
inteirsziew ohnfthe ground that she had crossed the permissible
to agelimit. Hence, this writ petition questioning the action of
ithie respondents in not inviting the petitioner for interview.
fi
WP No.851/2008
2. Learned counsel for the petitioner submits that having
regard to the Rules and Regulation of the Governmentpgin
regard to the Public Instruction Department, V.
ought to have been given the weightage of
institution to an extent of 10 ye’ars”in_
petitioner would be eligible candidate;.__ A it it A L it
3. Learned counsel for that
indeed claim of the it was
found that she was not on the basis
of over age. i-jfinvneiiure-R3 (shown as
R-4 in the iobjections) which is a merit list.
4. I papers. Assuming that the
Govefirniment Niotificatiovn as well as the instruction would
rcome to .AtheA7-aid ‘of the petitioner in giving a leverage in
ii’rCs’pect””age’.b’ut on merits it is found that she has secured
avera.ge»–._rnari%is of 43.03 and she stands at S1.No.8O in the list
i Jof candidates. Indeed, it has to be noticed that it is not as if
‘r_he– respondents have declined to interview the petitioner on
‘V -»-the ground that she is over age but also having regard to the fl
WP No.851/2008
6. Mr.R.K.Hatti, learned I-ICGP is permitted to
of appearance within four weeks. .. V
y
Jm/–