SHIVASHARANAYYA KUDLAYYA SHIVAYOGIMATH vs. THE PRINCIPAL SECRETARY

: 1 : IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 10TH DAY OF APRIL 2013 BEFORE THE HON’BLE MR.JUSTICE K.N.KESHAVANARAYANA WRIT PETITION NO.77267/2013 [S-RES] C/W WRIT PETITION NOS.77268/2013 & 77269/2013 IN W.P.NO.77267/2013: BETWEEN: SHRI SHIVASHARANAYYA KUDLAYYA SHIVAYOGIMATH AGE: 46YEARS, OCC:LECTURER MARATHA MANDAL POLITECHNIC COLLEGE, OPP. POLICE PARADE GROUND, BELGAUM. ...PETITIONER [BY SHRI V.G.BHAT, ADV.] AND: 1. THE PRINCIPAL SECRETARY GOVERNMENT OF KARTANAKA HIGHER EDUCATION BANGALORE 2. THE MARATHA MANDAL POLYTECHNIC R/BY ITS CHAIRMAN SMT. RAJASHRI NATAJIRAO HALAGEKAR, S.P. OFFICE ROAD, BELGAUM 3. THE SECRETARY THE MARATHA MANDAL POLYTECHNIC SRI. BHAU PATIL, S.P. OFFICE ROAD, BELGAUM

: 2 : 4. THE PRINCIPAL THE MARATHA MANDAL POLYTECHNIC COLLEGE, S.P. OFFICE ROAD, BELGAUM 5. THE DIRECTOR OF TECHNICAL EDUCATION BANGALORE 560 001. …RESPONDENTS [BY SHRI VINAYAK KULKARNI, HCGP FOR R-1 TO R-5] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO STAYING THE OPERATION AND EXECUTION OF THE ORDER PASSED BY THE RESPONDENT NO.1 NO. ED 223 TPE 2012 DTD.10.10.2012 VIDE ANNEXURE-J TILL THE RESPONDENT NO.1 FINALLY DECIDES THE REVISION PETITION FILED BY THE PETITIONER U/SEC.131 OF KARNATAKA EDUCATION ACT AND ETC. IN W.P.NO.77268/2013: BETWEEN: GANESH S/O. KRISHNA HEGDE AGE: 47 YEARS, OCC:LECTURER R/O. C/O. 2694/A INCOME TAX COLONY, SECTOR 12, MAHANTESH NAGAR, BELGAUM-16. ...PETITIONER [BY SHRI V.G.BHAT, ADV.] AND: 1. THE PRINCIPAL SECRETARY GOVERNMENT OF KARTANAKA HIGHER EDUCATION BANGALORE 2. THE MARATHA MANDAL POLYTECHNIC R/BY ITS CHAIRMAN SMT. RAJASHRI NATAJIRAO HALAGEKAR, S.P. OFFICE ROAD, BELGAUM

: 3 : 3. THE SECRETARY THE MARATHA MANDAL POLYTECHNIC SRI. BHAU PATIL, S.P. OFFICE ROAD, BELGAUM 4. THE PRINCIPAL THE MARATHA MANDAL POLYTECHNIC COLLEGE, S.P. OFFICE ROAD, BELGAUM 5. THE DIRECTOR OF TECHNICAL EDUCATION BANGALORE 560 001. …RESPONDENTS [BY SHRI VINAYAK KULKARNI, HCGP FOR R-1 TO R-5] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO STAYING THE OPERATION AND EXECUTION OF THE ORDER PASSED BY THE RESPONDENT NO.1 NO. ED 223 TPE 2012 DTD.10.10.2012 VIDE ANNEXURE-J TILL THE RESPONDENT NO.1 FINALLY DECIDES THE REVISION PETITION FILED BY THE PETITIONER U/SEC.131 OF KARNATAKA EDUCATION ACT AND ETC. IN W.P.NO.77269/2013: BETWEEN: SHRI LAXMAN GOPALAPPA DASAR AGE: 45 YEARS, OCC:LECTURER MARATHA MANDAL POLITECHNIC COLLEGE, OPP. POLICE PARADE GROUND, BELGAUM. ...PETITIONER [BY SHRI V.G.BHAT, ADV.] AND: 1. THE PRINCIPAL SECRETARY GOVERNMENT OF KARTANAKA HIGHER EDUCATION, BANGALORE 2. THE MARATHA MANDAL POLYTECHNIC R/BY ITS CHAIRMAN

: 4 : SMT. RAJASHRI NATAJIRAO HALAGEKAR, S.P. OFFICE ROAD, BELGAUM 3. THE SECRETARY THE MARATHA MANDAL POLYTECHNIC SRI. BHAU PATIL, S.P. OFFICE ROAD, BELGAUM 4. THE PRINCIPAL THE MARATHA MANDAL POLYTECHNIC S.P. OFFICE ROAD, BELGAUM 5. THE DIRECTOR OF TECHNICAL EDUCATION BANGALORE 560 001. …RESPONDENTS [BY SHRI VINAYAK KULKARNI, HCGP FOR R-1 TO R-5] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT OF CERTIORARI MAY BE ISSUED BY STAYING THE OPERATION AND EXECUTION OF THE ORDER PASSED BY THE RESPONDENT NO.1 NO. ED 223 TPE 2012 DTD.10.10.2012 VIDE ANNEXURE-J TILL THE RESPONDENT NO.1 FINALLY DECIDES THE REVISION PETITION FILED BY THE PETITIONER U/SEC.131 OF KARNATAKA EDUCATION ACT AND ETC. THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - ORDER Learned government advocate is directed to take notice for respondent Nos.1 and 5. 2. The grievance of the petitioners in all these petitions is that during the pendency of the revision

: 5 : petition filed by them before the Principal Secretary, Government of Karnataka, Higher Education, Bangalore, under Section 131 of the Karnataka Education Act, the Government has approved the proposal submitted by the respondent Nos.2 and 3 for promotion to the post of selection grade lecturers in the Mechanical Department excluding the names of the petitioners though they are seniors to the persons whose name has been approved by the Government. It is also their contention that the said exercise has been done though there was an order of stay granted by the Authority before whom the revision petitions are pending. The learned counsel for the petitioners during the course of the argument, submitted that the petitioners are satisfied if a direction is issued to the Principal Secretary, Government of Karnataka, Higher Education, Bangalore, before whom the revision petitions are pending to consider the revision petition and dispose them of within a time frame.

: 6 : 3. From the documents produced along with this writ petition, it is clear that revision petitions filed by the petitioners are pending before the Principal Secretary, Government of Karnataka, Higher Education, Bangalore, in Revision Petition Nos.6, 7, 8 and 9/2012. It is also noticed that on 27.08.2012, an interim order has been passed in those Revision Petitions. Nevertheless by order dated 10.10.2012, a copy of which is produced as per Annexure – J, the Government of Karnataka has recorded approval to the proposal submitted by the respondent Nos.2 and 3 for promotion to the selection grade lecturers, whereunder, the names of the petitioners have been excluded. In these circumstances, it is just and necessary to direct the Authority before whom the revision petitions are pending to hear the revision petitions expeditiously and dispose of them within a time frame. Accordingly, these writ petitions are disposed of with a direction to the Principal Secretary, Government of Karnataka, Higher Education, Bangalore, where the revision petitions filed

: 7 : by the petitioners are pending to hear those revision petitions and dispose them of expeditiously at any rate within three months from the date of receipt of this order. Sd/- JUDGE Rsh