R.B. YASHASWINI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) W.P.Nos.13087/2020 and 316/2021 are filed by the Management and W.P.Nos.11268/2021 and 11270/2021 are filed by the Teachers who were working in the said College.

(2.) The case of the petitioners in W.P.Nos. 11268/2021 and 11270/2021 is that they were working as Hindi Teachers in the said Management. They have been appointed pursuant to the Notification issued by the Management through paper publication, in the year 2006. Thereafter, the Management has issued a fresh notification on 23/12/2019 calling applications for filling up the very same posts which have been held by the petitioners. Being aggrieved by the same, petitioners have filed Appeal Nos. 1/2020 and 2/2020 before the Commissioner for Public Instructions under Sec. 130 of the Karnataka Education Act, 1983 (for short, '1983 Act'). During the pendency of the appeals, since the appellate authority has declined to grant interim order, the petitioners - Teachers have preferred writ petitions before this Court in W.P.Nos.5102/2020 and 5080/2020, respectively. This Court by order dtd. 16/7/2020 granted the interim order not to terminate the services of the petitioners. After service of notice, the Management has taken a specific contention regarding maintainability of the appeals before the authority under Sec. 130 of the 1983 Act. The appellate authority has held that the appeals are maintainable and passed the impugned order dtd. 31/8/2020. Being aggrieved by the same, both the Management as well as the Teachers have filed these writ petitions.

(3.) Sri R.P.Somashekaraiah, the learned counsel for the teachers has submitted that since the petitioners have been appointed pursuant to the notification issued on 4/6/2006 and their appointment has been made after following all procedure of law, their appointment has to be approved by the competent authority, but the Management has issued a fresh notification on 23/12/2019, calling for applications to fill up the very same posts which the petitioners - Teachers are holding.