S SHIVANANDA SWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE short question for consideration in this writ petition is as to whether the appointment as a teacher in an unaided institution, prior to the date when it was brought under grant -in -aid, which has been made without complying with the reservation policy, could be approved for being included in the list of employees at the time when the institution is brought under grant -in -aid -

(2.) THE brief facts of this case are that:

(3.) IT is not disputed that the name of the petitioner found place in the list of employees which was sent by the institution to the Government at the time of filing the application for being included under the grant -in -aid list. By the order dated 01.01.1996 passed by the State Government, the institution was brought under the grant -in -aid list, but appointment of only six teachers was included for the grant and the name of the petitioner was excluded for the reason that his appointment was made without following the reservation policy. The petitioner kept contesting the matter, and the management also supported his case. Representations were made to the State Government for including the name of the petitioner for the purposes of payment of salary under the grant of the State Government. In pursuance thereof, on 08.07.2008, the State required the institution to furnish an undertaking that future appointments will be filled up by candidates belonging to the Scheduled Caste. Such undertaking was given by the institution, yet the case of the petitioner was not included in the list for being given the benefit under the grant -in -aid policy. Then by order dated 12.01.2009 passed by the Deputy Director, the approval of the appointment of the petitioner was not granted, on the ground that after the Government Order dated 01.06.1992, there was no power for relaxation of appointments made outside the reservation policy. Challenging the said order, the petitioner filed an appeal before the Director of Public Instruction (Secondary Education) and the Appellate Authority Bangalore, and by order dated 27.01.2012, the Appellate Authority dismissed the appeal. Aggrieved by the said order, this writ petition has been filed. A further prayer has been made for a direction in the nature of mandamus for granting the approval of the appointment of the petitioner with grant -in -aid along with other employees of the institution, who were brought under the purview of grant -in -aid, in pursuance of the order dated 01.01.1996 passed by the State.