GANESHA SHETTIGAR Vs. CHIEF SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) MATTER is heard for final disposal, with the consent of the counsels.

(2.) THE petitioners are represented by Sri m. b. Kanavi, learned counsel and Smt. Rosa paremal, government pleader, appearing for the state.

(3.) THE petitioners in all these petitions are eligible candidates for the post of teachers. They have filed their applications for the said post within the stipulated time of 21-6-2001. The state government has deeided to recruit the teachers in the higher secondary schools in the state and notifications have been issued dated 17-5-2001, 26-5-2001, 19-5-2001 and 21-5-2001 in terms of Annexure - a. The petitioners state that there are two grades of teachers who are to be recruited by the state government. One is grade ii, arts and science teachers and in grade i, physical education teachers. The petitioners state that the selection to the post of teachers is to be based on the marks obtained by the candidates in their degree examinations along with the marks obtained in the oral interview, which will be the basis for the final selection. The petitioners say that the qualifying degree courses and examinations are conducted by different universities in the state. The petitioners grievance is that the candidates who come from the university, which is liberal in awarding the marks, will certainly have to claim above the candidates from other universities which are rigid in awarding the marks. The petitioners also say that there is no wide publicity with regard to this notification. With these allegations, the petitioners are before this court seeking for the following prayers: (1) issue a writ of mandamus, quashing the notifications in question vide: (a) g4:recruitment:06:2001-02, dated 17-5-2001, Mysore division (Annexure-A); (b) a 1 -hsstr-01/01-02, dated 26-5-2001, Bangalore division (annexure-b) ; (c) e3 : hsstr : 46 : 2000-01, dated 19-5-2001, belgaum division (Annexure-C); (d) e 1 (a) admn : hsstr : l : 2001-02, dated 21-5-2001, gulbarga division (Annexure-D ). (2) direct the respondents to conduct a common entrance test/common competitive exam for the post of teachers, on par with the exams conducted/conducting for head masters of high school, primary school teachers and the gazetted probationers exams, in the larger interest of public and Justice and equity. (3) to consider the seniority of the candidates who have enrolled and waiting in the employment exchange offices since many years for the recruitment. (4) issue such further orders or directions as this Hon'ble court deems fit to grant in the circumstances of the case, in the interest of Justice and equity.