HRUTHIK N. Vs. D. N. RAJAMMA

JUDGEMENT

(1.) Petitioners in this writ petition call in question the endorsement dated 23-12-2020, bearing No.G1/164168/Anukampa/144/2017-18, declining to grant an appointment on compassionate grounds to the 1st petitioner and have sought for consequential direction by issuance of a writ in the nature of mandamus directing the respondents to consider the case of the 1st petitioner for an appointment on compassionate grounds qua his qualification.

(2.) Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:-

(3.) It is pursuant to the direction issued by this Court, the respondents again turned down the claim of the petitioners for an appointment on compassionate grounds to the 1st petitioner by the impugned endorsement dated 23.12.2020 on the ground that the Karnataka Educational Institutions (Recruitment and terms and conditions of service of employees in Private Aided Primary and Secondary Educational Institutions) (Amendment) Rules, 2017 (hereinafter referred to as the Rules for short) have come into force with effect from 26-09-2017, in terms of which number of posts of Second Division Assistants to be appointed has been modified and for minimum three sections of VIII, IX and X standards irrespective of total number of sections in a school, it was restricted to one Second Division Assistant. Contending that the Rules have come into force and the claim of the petitioners cannot be considered in the light of the Rules which declare only one post of Second Division Assistant available for three sections, the case of the 1st petitioner cannot be considered for appointment on compassionate grounds. It is this endorsement that is called in question in the subject writ petition.