GOVERNMENT OF KARNATAKA Vs. BIDARAMBIKA VIDYA SAMSTHE REGD

JUDGEMENT

(1.) THIS Writ Appeal is filed against the judgment dated 11/2/2005 passed by the Learnsd Single Judge in Writ Petitions nos. 13627/2003 and 45321)2003. The appellants are the respondents in the Writ Petitions.

(2.) THE second respondent Smt. Puttathyamma was appointed as Lecturer in Kannada in Sri Bidarambika PUC College, Honnavalli, on 14-11-1992. At the time of hex appointment, the College was not an aided institution. The appointment of the second respondent was approved by the Director of Pre-University Education on 15-1 -1993, on permanently unaided basis. As per order dated 26-9-1993, the government of Karnataka accorded permission and admitted sri Bidarambika PUC College. Honnavalli, for salary grant to the teaching staff. When the case of the second respondent was submitted for aid, the request for aid in the case of the second respondent was rejected on the ground that her appointment was not as per Rules. Annexure 'g' is the communication dated 25-1-2003 sent by the government to the Director, Pre-University Education, Bangalore, rejecting the request for aid in the case of the second respondent. Annexure-'h' is the communication dated 27-2-2003 sent by the director, Pre-University Education, Bangalore, to the Deputy Director, pre-University Education, Tumkur,informing that the Government had rejected the proposal for granting aid in the case of the second respondent. Copy of the communication was marked to the management and also the Lecturer. Aggrieved by the rejection of the request for grant-in-aid, the Lecturer filed an appeal before the government but the Appeal was rejected by the Government. Thereupon, the Management filed Writ Petition No. 13627/2003 and the Lecturer filed Writ Petition No. 45321/2003. Both the Writ Petitions were heard together and were disposed of through a common order dated 11 -2-2005 which is impugned in the Writ Appeal.

(3.) THE Learned Single Judge quashed Annexures-'g' and 'h' and also Annexure-'l' order passed by the Government in the appeal filed by the second respondemt. The Learned Single Judge also directed the respondents to extend the benefit of grand-in-aid to the petitioners in the Writ Petitions.