SUSHEELA SINGH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The legality of the posting of respondent-3, who is a male member of the teaching staff of the Maharanis Arts College for Women, Bangalore, as the Principal of the said college, is questioned in this petition by the petitioner, who is a woman-member of the teaching staff, on the ground that according to the rules of recruitment, only women are eligible for appointment as Principals of womens colleges.

(2.) The petitioner is a Reader in English on the establishment of the Maharanis Arts College for Women, Bangalore, to which only girls are admitted. Respondent-3 is a Reader in History on the establishment of the College. The method of recruitment to the various posts in the Government Colleges is regulated by the rules called the Karnataka Education Department Services (Collegiate Education Department) (Recruitment) Rules, 1964 (hereinafter referred to as 'the Rules). Notes 3 and 4 to the Schedule to the rules which are relevant for the purpose of this case read as follows :

(3.) The petitioner has stated that she was directly recruited as Reader in English pursuant to her selection by the Karnataka Public Service Commission and she was appointed as such from 15-3-1973. She claims that she is senior to respondent-3 in the cadre of Readers. Respondent-3, however, contends that he had been recruited as a Lecturer long prior to the petitioner, in the service of the former State of Mysore and in the cadre- of Readers also he is senior to the petitioner. In my opinion, the question as to whether the petitioner is senior to respondent-3 or not, is not a relevant question for consideration in this writ petition as, according to Note-4 below the Schedule to the Rules, only a woman-member of the teaching staff is eligible for being appointed to the position of Principal.