K M VEERESHAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is working as Hindi Teacher under respondents 5 and 6. The institution of the 5th respondent is admitted to the benefit of grant-in-aid. While appointing the petitioner to the aided post of Hindi teacher, the 5th respondent had taken valid approval from the 3rd respondent. After appointment, the proposals were sent by the 5th respondent for confirmation of the appointment by the third respondent. Annexure-B, dated 25-2-2000 is the order of approval granted by the third respondent. It appears that there was some legal hitch regarding the continuation of the benefit of grant-in-aid to the institution of the 5th respondent. In W. P. No. 38105 of 2001, this Court directed that the benefit of grant-in-aid accorded to the 5th respondent-institution cannot be discontinued and directed the continuation of benefit. The government vide Annexure-D, dated 9-1-2003 directed the release of the grant to the 5th respondent on fulfilment of some of the conditions enumerated in the order. Clause (d) of the condition in the order directed that the DDPI, Davanagere District before releasing the salary grant should ensure that the appointments made are approved as per rules. The DDPI after verifying the records directed release of salary grant to the teachers employed in the school of 5th respondent but did not release the salary grant in respect of the petitioner. The third respondent on the representation of the petitioner passed the impugned order at Annexure-E, dated 13-10-2003 informing that his appointment to the post is illegal since he does not possess the requisite prescribed qualification.

(2.) IN the objection statement, the State has taken up the contention that the petitioner has not passed the TCH course and has not passed the basic qualification of PUC for appointment.

(3.) THE petitioner has passed Hindi Shikshana Parangatha examination conducted by the Karnataka Hindi Prachara Samithi, jayanagar. The said qualification is equivalent to BA and B. Ed. , of an indian University according to Government of India Notification at annexure-K, No. F. 3- 28/2003-D1 (L), dated 25th November, 2003.