KUMARI BHARATI D/O. VENKATESH KULAKARNI vs. THE UNION OF INDIA

: 1 : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 30TH DAY OF MARCH, 2015 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA W.P. NOS.76299/13 & W.P.NOS.77513-77559/13 (S-RES) BETWEEN 1. KUMARI BHARATI D/O. VENKATESH KULAKARNI AGE: 23 YEARS, OCC: PVT. TEACHER, R/O. KURUVINAKOPPA, TQ: KALAGHATAGI, DIST: DHARWAD 2. VITTAL S/O. YALLAPPA MYAGADE AGE: 28 YEARS, OCC: PVT. TEACHER, R/O: AT POST: BETADUR TQ: KUNDAGOL, DIST: DHARWAD 3. KUMARI ARATI D/O. SHANKAR KINEKAR AGE: 26 YEARS, OCC: PVT. TEACHER, R/O: KURUVINAKOPPA, TQ: KALAGHATAGI, DIST: DHARWAD 4. MUTTAPPA S/O. BASAVANTAPPA DATANAL AGE: 30 YEARS, OCC: PVT. TEACHER, R/O: AT POST: HARLAPUR, TQ: KUNDAGOL, DIST: DHARWAD 5. KUMARI UZAMANAZ D/O. MOHAMMAD IBRAHIM TOLGI AGE: 25 YEARS, OCC: PVT. TEACHER, R/O: SVP

: 2 : ROAD, ALNAVAR, TQ: & DIST: DHARWAD 6. SYEDYUNUS S/O. AKBARSHA DHARWAD AGE: 26 YEARS, OCC: PVT. TEACHER, R/O: 4TH CROSS, NARAYAN SOFA, KARIMIYA NAGAR, OLD HUBLI, DIST: DHARWAD 7. SAMEERUDDIN S/O. NAZAMUDDIN LAKSHAMESHWAR AGE: 35 YEARS, OCC: PVT. TEACHER, R/O: SRIRAMNAGAR, ATTIKOLLA,SRI RAMNAGAR,DHARWAD DIST: DHARWAD 8. KUMARI AFROZ FATIMA D/O. GOUSMOHDDIN SHAIKH AGE: 26 YEARS, OCC: PVT. TEACHER, R/O: BARALMAMGALLI, BALGIMATH, HARAPANHALLI CHAWL ,DHARWAD DIST: DHARWAD 9. MOHSINA MARYAM D/O. ABUSAB BAKHARI AGE: 26 YEARS, OCC: PVT. TEACHER, R/O: NEAR OLD MARUTI TEMPLE, KULAGI ROAD, DANDELI, TQ: HALYAL, DIST: UTTAR KANNADA 10. ANAND S/O. SHIVAPPA GIREPPANAVAR AGE: 26 YEARS, OCC: PVT. TEACHER, R/O: SHUKRAWAR PETH, KALLI ONI, DHARWAD, DIST: DHARWAD 11. KUMARI CHAITANYADEVI D/O. GANGADHARSWAMY KOTIMATH AGE: 27 YEARS, OCC: PVT. TEACHER, R/O: PETABANA, LAKSHMESHWAR, TQ: SHIRAHATTI,

: 3 : DIST: GADAG 12. RAJU S/O. VENKAPPA HATTI AGE: 26 YEARS, OCC: PVT. TEACHER, R/O: KUNCHANUR, TQ: JAMAKHANDI, DIST: BAGALKOT 13. RASHMI RAJAPPA AGE: 23 YEARS, OCC: PVT. TEACHER, R/O: C/O. G.B. PANCHAKSHARAPPA SHRI HARI NIWAS, OPPOSITE KEB, TP CIRCLE VV NAGAR, HIRIYUR, TQ: HIRIYUR, DIST: CHITRADURGA 14. KUMARI SHOBHA D/O. FAKKIRADDI NALAVADI AGE: 26 YEARS, OCC: PVT. TEACHER, R/O: HEBASUR VILLAGE, TQ:HUBLI, DIST: DHARWAD 15. KUM. NAZIYA KOUSAR D/O. MAKHDOOMSAHEB SOUDAGAR AGE: 29 YEARS, OCC: PVT. TEACHER, R/O: C/O. F M MORAB H.NO. 34, IST MAIN, CHARANTHIMATH GARDEN, A BLOCK, DIST: DHARWAD 16. KUM. DILSHADBEGUM D/O. NAZIRAHAMED KITTUR AGE: 25 YEARS, OCC: PVT. TEACHER, R/O: ROUNAKHPUR STREET, DIST: DHARWAD 17. SHIDALINGAPPA S/O. SHANKARAPPA GUNJALADAVAR AGE: 26 YEARS, OCC: PVT. TEACHER, R/O: YALIWAL VILLAGE, TQ: KUNDAGOL, DIST: DHARWAD

: 4 : 18. VEERANAGOUDA S/O. SHIAVANAGOUDA CHIKKANAGOUDAR AGE: 27 YEARS, OCC: PVT. TEACHER, R/O: YALIWAL VILLAGE, TQ: KUNDAGOL, DIST: DHARWAD 19. TOUSIF S/O. AHAMED BANKAPUR AGE: 25 YEARS, OCC: PVT. TEACHER, R/O: H.NO. 821, OPPOSITE, KARADI TRADERS, ANANDNAGAR, HUBLI, DIST: DHARWAD 20. KUMARI SAVITRI D/O. YALLAPPA KALI AGE: 26 YEARS, OCC: PVT. TEACHER,R/O. BU. KOPPA, POST: TARALAGHATTA, TQ: KUNDAGOL, DIST: DHARWAD 21. ANITA A.S. W/O. NAVEEN GULER AGE: 25 YEARS, OCC: PVT. TEACHER, R/O: GHALAPUJI VILLAGE, TQ: BYADAGI, DIST: HAVERI 22. RAJESHWARI D/O. RAMACHANDRA MARKUMBI AGE: 27 YEARS, OCC: PVT. TEACHER, R/O: ROTSAN GARDEN APARTMENT, NEAR K C PARK, TRAINING COLLEGE ROAD, DHARWAD 23. PRAVEEN SURESH KALABHAVI AGE: 26 YEARS, OCC: PVT. TEACHER, R/O: SRI SHAKTINIWAS, H.NO. 28, PUROHITNAGAR, KALAGHATAGI ROAD, DHARWAD,

: 5 : 24. VINAYAK S/O. BASAVARAJ RAGATI AGE: 27 YEARS, OCC: PVT. TEACHER, R/O: C/O. I.C. GANGER, CHANNAGIRINILAYA, SHIDRAMESHWARNAGAR, OPPOSITE INCOME TAX OFFICE, NAVANAGAR, HUBLI, DIST: DHARWAD 25. KUMARI ANITA D/O. ASHOK KOTEKAR AGE: 26 YEARS, OCC: PVT. TEACHER, R/O. PQ 113/5, MES COLONY, MAIN ROAD, SAMBRA TQ & DIST: BELGAUM 26. KUMARI MEDHA D/O. VAMAN KADARAMANDALGI AGE: 24 YEARS, OCC: PVT. TEACHER, R/O. MALHARI KRUPA, KABBUR ROAD, MALMADDI, DHARWAD 27. KUMARI SHARADA D/O. SIDDANAGOUDA PATIL W/O. B.S. BHAGAVATI, AGE: 29 YEARS, OCC: PVT. TEACHER, R/O. C/O. A.V. ZINGADE, 22ND CROSS, VIJAYNAGAR, VIDYAGIRI, BAGALKOT 28. MALLAPPA S/O. DILLEPPA KURIYAVAR AGE: 26 YEARS, OCC: PVT. TEACHER, R/O. POST: KAKOL, TQ: RANEBENNUR, DIST: HAVERI 29. ROOPA D/O. SHANKREPPA HOOLIKATTI AGE: 25 YEARS, OCC: PVT. TEACHER, R/O. POST: PHQ, NEW LINE, H. NO. 3, BLOCK NO. 11, DHARWAD 30. KUMARI MAHERA D/O. MAKTUM HUSSAIN MORAB

: 6 : AGE: 25 YEARS, OCC: PVT. TEACHER, R/O. TEJASWINAGAR, IST CROSS, KALAGHATAGI ROAD, DHARWAD, DIST: DHARWAD 31. KUMARI SHRIDEVI D/O. MALLIKARJUNAPPA VATHAR AGE: 25 YEARS, OCC: PVT. TEACHER, R/O. P NO. 2732, 27TH MAIN ROAD, 44TH CROSS ROAD, VANASHREE NAGAR, SATTUR, DHARWAD 32. SIDDU S/O. CHIDANAND DHANAWADE AGE: 28 YEARS, OCC: PVT. TEACHER, R/O. NIDAGUNDI VILLAGE, TQ: RAIBAG, DIST: BELGAUM 33. SHANTAGOUD S/O. BHIMANGOUDA BIRADAR AGE: 29 YEARS, OCC: PVT. TEACHER, R/O. NIGADI VILLAGE, TQ: & DIST: DHARWAD 34. RUDRAGOUDA S/O. CHANDRAGOUDA PATIL AGE: 29 YEARS, OCC: PVT. TEACHER, R/O. CHIKKABAGEWADI, TQ: BAIHONGAL, DIST: BELGAUM 35. KUMARI FATIMABI D/O. MOHAMMEDHASHAM KHAWAS AGE: 27 YEARS, OCC: PVT. TEACHER, R/O. PLOT NO. 87, 3RD CROSS, GOUSIYA TOWN, ISLAMPUR ROAD, OLD HUBLI 36. SALEEM S/O. NOORUDDIN MAKANDAR AGE: 28 YEARS, OCC: PVT. TEACHER, R/O. SHAHMAHAL, ARALIKATTI COLONY, MANTUR ROAD, HUBLI

: 7 : 37. KUMARI SHIREENTAJ D/O. ABDULWAHAB PATEL AGE: 28 YEARS, OCC: PVT. TEACHER, R/O. C/O. AM PATEL, SADARSOFA OLD HUBLI 38. KUMARI BASAMMA D/O. KENCHAMMA KALASAD AGE: 26 YEARS, OCC: PVT. TEACHER, R/O. HARLAPUR VILLAGE TQ:KUNDAGOL, DIST: DHARWAD 39. KUMARI NEELAKKA D/O. RUDRAGOUDA BIRADAR AGE: 30 YEARS, OCC: PVT. TEACHER, R/O. TADDEWADI VILLAGE, TQ: INDI, DIST: BIJAPUR 40. KUMARI SOMAKKA D/O. FAKIRAGOUDA PATIL AGE: 27 YEARS, OCC: PVT. TEACHER, R/O. MISHRIKOTI, TQ: KALAGHATAGI, DIST: DHARWAD 41. KUMARI GOURAVVA D/O. VIRUPAKSHAPPA AMARAGOL AGE: 24 YEARS, OCC: PVT. TEACHER, R/O. AT POST: MAREWAD TQ & DIST: DHARWAD 42. MAHANTESH S/O. NAGAYYA MATHAPATI AGE: 29 YEARS, OCC: PVT. TEACHER, R/O. JAVOOR VILLAGE, TQ: NAVALGUND, DIST: DHARWAD 43. GADIGEPPA S/O. SHEKARAPPA MADIWALAR AGE: 28 YEARS, OCC: PVT. TEACHER, R/O. AT POST: YAREBUDIHAL, TQ: KUNDAGOL, DIST: DHARWAD 44. KUMARI YASMINABANU D/O. MAHABOOBSAB MANIYAR

: 8 : AGE: 27 YEARS, OCC: PVT. TEACHER, R/O. H. NO. 43, BAFNA NAGAR, NEAR SIDDARUDHMATH, HUBLI 45. KUMARI TEJASHWINI D/O. ASHOKRAO KULKARNI AGE: 30 YEARS, OCC: PVT. TEACHER, R/O. H. NO. 19,IST FLOOR, BEHIND GANAPATI TEMPLE, GANESH NAGAR, ANAND NAGAR ROAD, OLD HUBLI, HUBLI 46. SURESH S/O. BASAVANNEPPA BOMMAKKANAVAR AGE: 22 YEARS, OCC: PVT. TEACHER, R/O. JALLAPUR, TQ: SAVANUR, DIST: HAVERI 47. VEERABHADRAYYA S/O. SHIVAYYA KHANAPURMATH AGE: 25 YEARS, OCC: PVT. TEACHER, R/O. AT POST: GOVANKOPPA, TQ & DIST: DHARWAD 48. KUMARI ISHWARI D/O. KRISHNAPPA KONAPUR AGE: 24YEARS, OCC: PVT.TEACHER R/O. AT POST: GOVANKOPPA, TQ & DIST: DHARWAD. ... PETITIONERS (BY SRI.P.G.CHIKKANARAGUND, ADV. FOR SRI MADANMOHAN M KHANNUR, ADV.) AND 1. THE UNION OF INDIA R/BY MINISTRY OF HUMAN RESOURCES AND DEVELOPMENT NEW DELHI. 2. THE STATE OF KARNATAKA R/BY ITS SECRETARY ( PRIMARY AND HIGH

: 9 : SCHOOL) DEPARTMENT OF EDUCATION, M.S. BUILDING, BANGALORE-560 001. 3. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, DHARWAD-580 001, DHARWAD DISTRICT. 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, DHARWAD DISTRICT, DHARWAD-580 001. 5. DIRECTOR, THE ASTRIX TECHNOLOGIES PVT LTD., 100E, 16TH MAIN, VIJAYANAGAR, BANGALORE-560 040. ... RESPONDENTS (BY SRI. HARISH S. MAIGUR, ADV. FOR R.1, SRI.RAVI V. HOSAMANI, ADV. FOR R.2 TO R.4, SRI.SHASHANK S. HEGDE, ADV. FOR R.5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENTS FOR GRANTING OF ADDITIONAL GRACE MARKS OF 2% FOR EVERY ONE YEAR OF COMPLETE SERVICE TO THESE PETITIONERS IN THE PROCESS OF RECRUITMENT OF TEACHERS PERMANENTLY EITHER IN PRESENT SCHOOLS OR TO ANY OTHER SCHOOLS THROUGH CET OR ANY OTHER FORM OF RECRUITMENT FOR THE POST OF TEACHERS UNDER THE ADMINISTRATION OF RESPONDENTS AS IS DONE BY GOVERNMENT OF KARNATAKA.

THESE WRIT PETITIONS COMING ON FOR PRLY. HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

: 10 : ORDER When the matter is taken up for disposal, the learned Counsel for the petitioners seeks permission for deletion of prayer No.1 in the writ petitions. The submission of learned Counsel is placed on record and the 1st prayer in the memorandum of writ petitions is deleted at the risk of the petitioners. 2. In these petitions the petitioners have sought for a writ of mandamus directing the Government for grant of additional grace marks of 2% for every one year of completed service to these petitioners in the process of recruitment of teachers permanently, either in present schools or to any other schools through CET or in other form for recruitment for the post of teachers under the administration of the respondent/ Government as is done by Government of Karnataka. 3. It is the case of the petitioners, that all these petitioners who belong to various Districts are trained graduate teachers possessing requisite qualification in various subjects to

: 11 : hold their respective posts of teaching and they are employed in different Government High Schools in different districts and the 4th respondent has been engaging their services under a scheme called “Rashtriya Madhyamik.Shikshana Abhiyana” and they are in service from 2011 and continued till today. The grievance of the petitioners is that they have not been issued Experience Certificate nor they are accounted any where in the Department of Education under the Government of Karnataka and therefore, their service is insecure and uncertainty loom large on their future and the Scheme is also uncertain. However, the vacant posts in the schools under the scheme are being filled up by the Government of Karnataka through the process of CET as regular posts. The petitioners have almost completed one year of service under the present 4th respondent-Company and they are entitled to have additional weightage of 2% marks for every completed year of service while filling up the regular posts by conducting CET. But in the absence of experience certificate said additional marks has not been granted to these petitioners though they have

: 12 : experience in this regard. Out of the petitioners some are terminated and some are in service. Therefore they sought for granting of grace marks of 2% for every one year of completed service. 4. The said prayer is strongly opposed by the learned Government Advocate stating that they are appointed by 4th respondent-Company, which is no where concerned with the State Government and they cannot seek a direction to the State Government to grant 2% additional marks. 5. At this stage, learned Counsel for the petitioners brought to my notice that in identical circumstances a division bench of this Court in W.A.Nos.5127/2012 and connected matters, dated 28.2.2013, has allowed the writ appeals and declared that the appellants/teachers therein are entitled to service weightage of 5% for each completed year of service and respondents are directed to re-do the list.

: 13 : 6. In view of the said order passed by this Court, learned Counsel for the petitioners states that they will file a detailed representation along with the copy of judgment rendered by Division Bench of this Court in WA.5127/2012 dated 28.2.2013, to the concerned authorities and the authorities may be directed to consider the representations and pass orders in accordance with law. 7. Accordingly, all these writ petitions are disposed of permitting the petitioners to file their representations before the 2nd respondent/State Government within one month from today. If such a representation is made, the 2nd respondent/State Government is directed to consider the representation and pass orders independently in accordance with law, within a period of thirty days from the date of submission of representations. All contentions urged on both sides are left open. SD/- JUDGE Sub/