LAWS(KAR)-2012-1-202

MANJUNATH G., S/O. H. GURUSWAMY Vs. STATE OF KARNATAKA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE - 560 001 AND OTHERS

Decided On January 02, 2012
Manjunath G., S/O. H. Guruswamy Appellant
V/S
State Of Karnataka, Represented By The Chief Secretary, Government Of Karnataka, Vidhana Soudha, Bangalore - 560 001 Respondents

JUDGEMENT

(1.) THE Government Pleader Smt. Raghavendra G. Gayathri is directed to take notice for Respondent Nos. 1 to 6. Petitioners are working as teaching and non -teaching staff in the 7th Respondent -College. The petitioners have completed 7 years of service and contend that they are entitled to be admitting for Grant -in -aid. Though, the petitioners are eligible for Grant -in -aid, the 7th Respondent -College has not recommended the names of petitioners for admitting to the Grant -in -aid. In the meanwhile, the Government by their order dated 18.05.2011 as per Annexure -B specifies the strength of students in each class, the number of working hours etc. The petitioners contend that the notification at Annexure -B is contrary to UGC norms. Therefore, the petitioners filed a detailed objection on 02.07.2011 as per Annexure -C. Since, the respondents failed to consider the objections filed by the petitioners, they are before this Court for a writ of mandamus, directing the respondents to consider their objections.

(2.) WHEN the matter stood at that stage and during pendency of this petition, the respondents have now issued another order on 11.11.2011. In view of this development, the petitioners have filed I.A.NO. 1/2011 seeking a direction to the respondents to consider their claim for regularization as per Government Order dated 11.11.2011 or in the alternative to quash the same as violation of Articles 14 and 16 of the Constitution of India. The learned counsel for the petitioner submits that, if a direction is issued to the respondents to consider the claim of petitioners for admitting to Grant -in -aid; in terms of the Government Order dated 11.11.2011, will meet the ends of justice. The submission of the learned counsel for the petitioner is placed on record.