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2014 DIGILAW 50 (KAR)

Samson v. State of Karnataka

2014-01-16

MOHAN M.SHANTANAGOUDAR

body2014
ORDER : Mohan M. Shantana Goudar, J. 1. The orders at Annexures-G, G1 and G2, dated 10.7.2009, 29.7.2009 and 11.8.2009, respectively, are called in question in these writ petitions. Petitioner No. 1 was appointed as Physical Education Teacher and petitioner No. 2 was appointed as Assistant Teacher in the 6th respondent-school on 11.4.2001. The names of the petitioners were sent to the State Government for approval of the Department for admitting them to the grant-in-aid. The appointments of the petitioners were not approved. Thus, the petitioners approached this Court in W.P. No. 597/2008, which came to be disposed of on 1.2.2008 as per Annexure-E, directing the petitioners to approach the respondents 1 to 5 with request to consider the claim for approval of their appointments as teachers to the 6th respondent-school; if such representations are made, the same shall be considered by the concerned authorities. Thereafter, the petitioners made representations which are turned down by the impugned orders. 2. According to the petitioners, the State Government has wrongly not approved the appointments of the petitioners on the ground that there was a prohibition for appointment of teachers in respect of the schools, including the minority institutions. According to them, number of appointments which were made even during prohibition, are approved by the State Government and the case of the petitioners is not considered. 3. Learned counsel appearing for the petitioners relies upon the document at Annexure-G3 dated 20.5.2000 by contending that such prohibition may not apply to the minority institution and therefore the petitioners' appointments should have been approved by the State Government. 4. Be that as it may, it is for the State Government to consider the prayer of the petitioners once again keeping in mind the latest Rules, Guidelines, Notifications issued by the State Government. The State Government shall verify as to whether the appointments of the similarly placed teachers are approved or not by the State Government. The State Government shall also consider the effect of the judgment of this Court passed in W.A. No. 176/2007, disposed of on 27-2-2003 (The State of Karnataka v. Smt. Sulochana, W/o. Job). 5. It is open for the petitioners herein to file one more representation along with all the necessary notifications/orders of this Court in similar matters for consideration of the State Government within four weeks from today. 5. It is open for the petitioners herein to file one more representation along with all the necessary notifications/orders of this Court in similar matters for consideration of the State Government within four weeks from today. If such representation is made, the same shall be considered by the State Government as early as possible. With the aforesaid observations, writ petitions are disposed of.