STATE OF KARNATAKA Vs. VIJAYALAXMI SOMASHEKARAPPA

JUDGEMENT

(1.) THE present writ petition has been preferred questioning the legality of the order dated 22.2.1999 (Annexure 'B') passed by the Karnataka Administrative Tribunal in Application No. 5317 of 1998 by which it has set aside the endorsement dated 11.8.1998 (Annexure A -9) with a direction that the case of the sole Respondent should be considered for appointment to the post of Assistant Mistress Grade -II (Hindi).

(2.) THE Petitioner -Joint Director of Public Instructions had issued a notification dated 3.11.1997 inviting applications from the eligible candidates for filling up the posts of Assistant Masters/Mistress Grade II in High Schools. In response to the said notification, the Respondent also made an application and she was provisionally selected. However, on verification of her educational qualifications, her name was not included in the final selection list. Thereafter, she approached the Administrative Tribunal, which passed impugned order with direction as noticed above.

(3.) RECRUITMENT to the post of Assistant Master/Mistress Grade -II is governed by the Karnataka Education Department Services (Department of Public Instruction) (Recruitment) Rules, 1967 as amended by the Karnataka Education Department Services (Department of Public Instruction) (Recruitment) (First Amendment) Rules, 1991 (in short the 'Rules') which have been framed under the proviso to Article 309 of the Constitution of India. These 'Rules' have now statutory force under the provisions of the Karnataka Civil Services Act, 1978, the provisions whereof have been brought into force w.e.f. 2.4.1992 vide notification No. SO 463 published in the Karnataka Gazette dated 26.3.19(sic).