High Court Karnataka High Court

The State Of Karnataka Rep By Its … vs M B Jayashri W/O Mothilal N Choudri on 25 February, 2009

Karnataka High Court
The State Of Karnataka Rep By Its … vs M B Jayashri W/O Mothilal N Choudri on 25 February, 2009
Author: V.Gopalagowda & N.Ananda
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

oz

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§§