SMT.S.GURUSHANTHAMMA Vs. THE COMMISSIONER,COLLEGIATE EDUCATION

JUDGEMENT

(1.) In this writ petition, petitioner is calling in question the endorsement dated 22.01.2014 Annexure-C issued by the Office of the Regional Joint Director, Shimoga - 2nd respondent herein thereby informing the petitioner that her claim for appointment on compassionate ground could not be considered in view of the Circular/letter dated 01.02.2002 issued by the State Government stating that there was no scope for such appointment in case where an employee of a private educational institution died in harness because there was a direction by the Government to reject such application at the threshold.

(2.) Facts involved in the case disclose that husband of petitioner by name Sri. Thippesw-amy was working as an Associate Professor in History in the 3rd respondent - Women's College, Davanagere. The college was admitted to aid and the post held by deceased husband of petitioner was also granted aid. Husband of petitioner died on 31.12.2012. Petitioner filed an application seeking appointment on compassionate ground enclosing her SSLC and degree certificates. In response to the same, application was forwarded to 2nd respondent. The 2nd respondent has issued the impugned endorsement to the effect that vacancy caused on account of death would be treated as un-aided.

(3.) Learned counsel for petitioner at the outset submits that the Government order/circular based on which the impugned endorsement has been issued has been set aside in the case of Bheemashankar v. State of Karnataka and others, IN W.P.No.81882/2009 disposed of on 08.11.2012. Copy of the said order has been made available for perusal of this Court by the learned counsel for petitioner. In paragraph Nos. 4 and 5 of the said decision, this Curt has examined the effect of the Government order in the light of the provisions contained in Rule 8(2) of the Karnataka Educational Institutions (Collegiate Education) Rules, 2003. It is useful to extract paragraph Nos. 4 and 5 of the said judgment which read as under: