STATE OF KARNATAKA Vs. TAJ NATIONAL EDUCATIONAL SOCIETY

JUDGEMENT

(1.) APPELLANTS are before us being aggrieved by the order of the learned Single Judge dated 7-1-2002 passed in W. P. No. 29053 of 1998 in this appeal.

(2.) TAJ National Educational Society ('the Society for short) and Md. Wasig Ahmad Quraishi filed a writ petition in W. P. No. 29053 of 1998 with the following facts:

(3.) FIRST petitioner-Society is a registered educational aided institution. The post of Headmaster in the Society was lying vacant for nearly 3 to 4 years. The Society issued an advertisement in the newspaper calling for applications from the qualified and eligible candidates to fill up the post of headmaster in the school run by it. Pursuant to the advertisement, Sri Quraishi made an application and his application was favourably considered by the Society. He was thereafter appointed as Headmaster of the Society. The said appointment was subject to the approval of the education department. Thereafter the Society submitted a proposal in the matter of approval of appointment of Sri Quraishi. The Joint Director in terms of an order dated 22-8-1995 has chosen to reject the proposal on the ground that Sri Quraishi was appointed directly and hence his appointment cannot be approved. Thereafter the society entered into correspondence with the government in the matter. Ultimately, the matter reached the level of the Commissioner for public Instructions and he gave an endorsement dated 6-8-1998 and he has chosen to confirm the rejection of proposal on another ground namely that Sri Quraishi did not have the requisite five years of teaching experience in an aided institution. Petitioner aggrieved by the rejection of the proposal made by the Society filed a writ petition as mentioned earlier Matter was contested. After contest, learned Single Judge of this Court has chosen to allow the writ petition and issued a direction to the respondent to approve the appointment of Sri Quraishi in terms of the impugned order. This order is challenged before us by the State Government.