STATE OF KARNATAKA Vs. GADILLINGAPPA

JUDGEMENT

(1.) Leave Granted.

(2.) By this appeal, the appellants herein have challenged the Order dated 26.07.2004 passed by the Division Bench of the High Court of Karnataka at Bangalore allowing the Writ Petitions filed by the respondents herein. The High Court had, by the said Order, set aside the decision of the KAT and allowed the claim of the respondents for regularization of their services.

(3.) The relevant facts in brief are set out here. The respondents herein were appointed as Primary School Teachers on honorary basis in the Government run schools. The respondents, however, did not possess the T.C.H. qualification, which was the minimum prescribed qualification for the post of a teacher. The respondents, in view of the fact that they had rendered long continuous service as honorary teachers without any break, claimed regularization of their services. The appellant No. 1 rejected the claim of the respondents on the ground that any consideration for regularization or absorption can be made only in regard to those candidates who possessed the minimum prescribed qualification for the post of the teachers and as the respondents did not posses the minimum prescribed qualifications of T.C.H., they could not be considered for regularization or absorption and that if they were regularized or absorbed despite their not possessing the minimum prescribed qualifications, it would amount to hostile discrimination and would be in violation of Articles 14 and 16 of the Constitution.