ANUPAMA R.SAVANT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners were working as Assistant Teachers in fourth respondent - Institution and they were appointed on temporary basis. Respondent No.4 is recognized and admitted to grant-in-aid by the State. Being desirous of appointing Teachers' for various subjects on permanent basis, it called for applications. The petitioners also applied for the said posts. However, as no preference has been given to them and no weightage is accorded to the services rendered by them to the post held by them on temporary basis, they approached this Court and the matter was remanded back to the authorities to consider the case of the petitioners in accordance with law. However, again as the same was not considered and the impugned order at Annexure-L was passed by respondent No.2, the petitioners preferred another writ petition and as an alternative and efficacious remedy was available, the writ petition was disposed off, giving liberty to the petitioners to file an appeal under Sec. 131 of the Karnataka Education Act, 1983 and the petitioners preferred an appeal before the Secretary, Education Department. However, the claim of the petitioners has been dismissed. Aggrieved by the same, the instant writ petition is filed.

(2.) The case of the petitioners is that they have served in fourth respondent - Institution for several years and it is not the case of the respondents that they are not competent to serve as Teachers' and that they have gained much experience by serving as a Teachers' and due weightage has to be given to them, while considering their applications for the post of Teachers' in various subjects. It is further submitted that similarly situated persons have been granted relief by the authorities and that they have been discriminated against. On the said grounds, it is prayed that the writ petition be allowed and the impugned orders at Annexure-P, dtd. 9/6/2021 in ED/58/SLB/2020, passed by the Court of Principal Secretary, Education Departmetn and Annexure-L, dtd. 27/5/2020, passed by respondent No.2 be set aside and direct the respondent No.4 to consider the representation of the petitioners.

(3.) Learned advocate for respojhndent No.4 submits that the petitioners have not been discriminated by respondent No.4 and that the petitioners were appointed only on temporary basis and the applications are invited to fill up the vacancies to the Teachers' Post in accordance with law and the petitioners have willfully participated by making necessary applications and that there is no provision in law, wherein weightage can be given to the petitioners for them having served with fourth respondent - Institution in the past. On the said ground, he prays for dismissal of the writ petition.