STATE OF KARNATAKA Vs. B SUVARNA MALINI

JUDGEMENT

(1.) Delay condoned. Leave granted in Special Leave Petitions.

(2.) These appeals by State of Karnataka as well as Karnataka Rajya Sarkari Prathama Darje Collejugala Arekalika Upanyasakara Sangha, are directed against the judgment of the Karnataka High Court, dismissing the writ petitions, filed against the order of the Karnataka Administrative Tribunal. The tribunal entertained the public interest litigation petition and struck down Rule 2 (b) (iii) of the Karnataka State Civil Services (Absorption of Persons working as Part time Lecturers in the Karnataka Education Department of College Education) Special Rules, 1996 as well as the order dated 15-12-1997, essentially on the ground that the stop-gap lecturers are back door entrants and their regularisation by Rules is contrary to the law laid down by Supreme Court in several cases and it affects the rights of regular entrants. Against the order of the tribunal, the High Court being moved under Articles 226 and 227 of the Constitution and the writ petitions having been dismissed, the present appeals have been preferred.

(3.) These cases involve not only a question of law but also a human problem inasmuch as these part time lecturers have served in different colleges for varying period for ten to twenty years and, if they are not regularised and treated as regular servants, then they will not be able to get themselves engaged anywhere else and at the same time, their experience in teaching will be a great loss to the student community. The part time lecturers had approached this Court against the dismissal of their applications by the Karnataka Administrative Tribunal by way of filing special leave petitions, which were registered as SLP No. 4440-4454/ 1992 and 4321/1992. Those special leave petitions were disposed of by order dated 3-9-1992 and the Court came to the conclusion that on that date their exist 626 vacancies and the part time lecturers should be continued till regular recruitment to fill up the posts is made and such part time lecturers would be eligible to apply to the State Public Service Commission, whenever, the vacancies are notified and applications are called for. The Court also took note of the fact that the tribunal itself has given weight-age at 1% per year of service as part time lecturers, depending upon the number of years of service or 5%, whichever is less and also to enhance the maximum age limit upto 10 years in case of part time lecturers, possessing teaching experience and the weightage is also to be taken into consideration at the time of recruitment. Notwithstanding the aforesaid observations of this Court, the State of Karnataka did not take any further steps for filling up 626 vacancies, as a result of which, these part time lecturers could not make applications for regular recruitment. They again filed a writ petition under Article 32 in January, 1994, which was registered as Writ Petition No. 21/1994. In the said writ petition, they sought for regularisation of their services. While, the matter was pending in this Court, the State Government appointed a High Power Committee on 28th of February, 1995 to examine the problem and the impasse and submit a report. Taking into account the fact that the Sub-committee has been constituted to consider the grievances of the part time lecturers, the wirt petition was disposed of by order dated 11-9-1995. The said order reads as follows: