YOGESH Vs. THE STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) THIS is the second time petitioner is before this Court in connection with his request for compassionate appointment in the 3rd respondent - G.S. Science College, Tilakwadi, Belagavi.

(2.) FATHER of the petitioner late Vaman Joshi was working in the 3rd respondent -College as First Division Assistant. He died on 20.02.2001 while in service, leaving behind his widow and three sons. Petitioner being the eldest son submitted application to the 3rd respondent -College on 12.05.2001 for appointment on compassionate ground. The 3rd respondent -College which is an aided institution recommended the case of the petitioner for appointment and sought approval of the Commissioner for Collegiate Education, Bengaluru, against the existing vacancy. The Regional Director, Collegiate Education, Dharwad, issued an endorsement dated 17.06.2002 stating that in terms of the correspondence dated 01.02.2002, the case of the petitioner could not be considered. Petitioner challenged the endorsement dated 17.06.2002 by filing W.P. No. 28305/2002. This Court vide order dated 22.03.2005 partly allowed the writ petition with a direction to the College to forward the application filed by the petitioner to the Joint Regional Director, Collegiate Education, Dharwad, within four weeks from the date of receipt of a copy of the order, whereupon the Joint Regional Director, Collegiate Education, Dharwad, and the Commissioner for Collegiate Education, Bengaluru (respondents 2 & 3 in the said writ petition) were directed to consider the same in accordance with law and pass appropriate orders within a period of three months, thereafter. While disposing of the said writ petition, the effect of the correspondence dated 01.02.2002 based on which the endorsement impugned in the said writ petition had been issued was considered. In paragraphs 7 to 10 of the order, this Court has observed as under:

(3.) ONCE permission is given for compassionate appointment in private aided institutions, there will be considerable pressure to create additional posts to accommodate such candidates and this will come in the way of the policy of the Government and would add burden on the exchequer.