TALUKA SHIKSHANA PRASARAKA MANDALIS C M MANAGULI ARTS COLLEGE SINDAGI BIJAPUR DISTRICT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner institution is running an Arts College in Sindgi Town. The 5th respondent is appointed as lecturer in political science in the college of the petitioner in the year 2000-2001. The student ratio fell below the required benchmark rendering the 5th respondent a surplus staff without sufficient work. The third respondent passed an order deputing 5th respondent to the college of the 4th respondent where there was sufficient workload. The third respondent inspected the college of the petitioner and found that the situation had improved and there was sufficient workload for the political science lecturer and passed an order at Annexure-A dated 3-1-2003 cancelling the deputation and re-posted the 5th respondent to the college of the petitioner.

(2.) THE Government by order at Annexure-B as a special case transferred the 5th respondent to the college of the 4th respondent by shifting the post from the college of the petitioner to the college of the 4th respondent.

(3.) IT is the contention of the petitioner that order at Annexure-B is arbitrary and bad in law and does not conform to the statutory requirements of Rule 12 of the Karnataka Educational Institutions (Recruitment and Terms and Conditions of Service of Employees in aided Colleges of Education and Teachers' Training Institutes) Rules, 2001. The provisions of Rule 12 is extracted hereunder for convenient reference: