P . S . MUGALIHAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though fourteen teachers working in different educational institutions run by the 7th respondent -Sarvodaya Shikshana Trust, Aravatagi, Dharwad, have jointly filed these writ petitions, challenging Annexure -H, a communication issued by the State Government refusing permission to appoint the teachers to fill up the posts in different institutions run by the 7th respondent, the writ petitions filed by the petitioners 4, 6, 9 and 13 have been disposed of as not pressed because their appointments have been already approved by the Department. Therefore, the dispute with regard to the approval of appointments of the other petitioners only survives for consideration in these writ petitions.

(2.) In the connected writ petition bearing W.P. No. 106649 of 2015 filed by one Nirmala, the same communication Annexure -H has been challenged and similar relief has been sought. Hence, the petitions are clubbed, heard together and are disposed of by this common order.

(3.) Facts leading to these writ petitions, stated in nut -shell are that, 7th respondent -Sarvodaya Shikshana Trust, Aravatagi, Dharwad is a Trust registered under the Bombay Public Trust Act, 1950 during the year 1956. The said Trust has been running four Educational Institutions in Dharwad Taluk. They are: (i) Alur Venkat Rao Composite Pre -University College, Dharwad; (ii) The New English Composite Pre -University College, Alnavar Taluk, Dharwad; (iii) Sarvodaya Shikshana Trust (SST) Girls High School, Alnavar, Taluk, Dharwad; (iv) Hanumantappa Mavaler High School, Mugad Taluk, Dharwad. Apart from the four institutions, it is stated that some Sanskrit Pathshaalas have been also run by the Trust. All these institutions have been admitted to grant -in -aid. The posts of teaching staff that were admitted to grant -in -aid had become vacant with effect from the year 2000 upon certain contingencies, such as retirement, promotion, etc. of the occupants of the posts.