N K RAVI SHANKAR S/O KALAIAH T Vs. STATE OF KARNATAKA REP BY ITS SECRETARY (PRIMARY AND SECONDARY EDUCATION) DEPARTMENT OF EDUCATION

JUDGEMENT

(1.) The Government of Karnataka had introduced Job-oriented Course (for brevity hereinafter referred to as 'JOC') at University level. The intention of the Government was that the students are not only educated but also be able to get employment on their own or to start their own avocation to earn their livelihood.

(2.) The learned counsel for the petitioners submits that the petitioners herein have been working as Lecturers of JOC under the Directorate of Vocational Education by orders dated 17th August 2010 and 22nd September 2010 as per Annexure-A and B. Third respondent-the Director of Department of Vocational Education posted these Petitioners to various pre-university colleges in the State of Karnataka. Since the decision has been taken to abolish the course, a meeting was held in order to take care of the petitioners, who are working in various Institutions and also were age-barred for the purpose of new appointments, under the Chairman-ship of the Chief Secretary, Government of Karnataka. The outcome of the meeting is that the Lecturers, who are working in the Institutions, in both Government and Government Aided Institutions as part-time lecturers, there shall be a Rules to be framed to that effect and accordingly, the Ordinance of 2011 dated 06th April 2011 came into force. The Ordinance defines an Employee for JOC as a person appointed under the orders referred therein working either in Government College or private aided colleges and appointed by the head of the college, i.e. the Principal. Section 3 of the Act provides that "their services are absorbed in the equivalent posts of Pre- University Colleges and if sufficient posts are not available in Junior Colleges, in view of the above, it is submitted that it is incumbent on the respondent Government to treat both, lecturers of JOC in Government and in aided private colleges, on par with the Government JOC Lecturers. The Act provides that the Lecturers who are working in Government Junior Colleges have to be absorbed in College/Institutions itself and in case if it is found excess, they have to be absorbed in any of the Government Departments. Whereas, the said policy is not made available to the Lecturers working in other than the Government Institutions. In this regard, information have been obtained from the Government that vacancies/posts are available in the Government Undertakings, viz. Karnataka Power Transmission Corporation Limited, Regional Transport Office and other units of the Government. When such being the case, the inaction on the part of the Government in not absorbing the Lecturers who are working in Government Aided private colleges is arbitrary and unconstitutional and the same is to be set-aside and direction is to be issued to the respondents to absorb the petitioners who are working in Government aided and private colleges into the Government owned departments. Hence, prayer is made by the petitioners for a direction to consider the petitioners on par with the lecturers who have been absorbed on the basis of the fact that they are working in Government Junior Colleges.

(3.) The Respondent filed statement of objections. It is contended therein that the action of the respondents classifying the lecturers who are working in Government colleges on one hand and the lecturers working in Government aided and private colleges on the other is not discriminatory and is a reasonable classification which the Government has rightly done and there is no violation of Articles 14 or 16(1) of the Constitution of India as is alleged. Upon the decision taken to abolish the JOC course, a Committee was appointed under the Chairmanship of the Chief Secretary of the Government of Karnataka and an effort was made to see that none of these JOC lecturerers to be sent out and a decision has been taken to rehabilitate them. The persons who are working in Government Institutions are entirely different from the persons who are working in Government aided or private institutions. Their appointing authority, nature of job, employer and employee relationship are altogether different though they might possess equal qualification. It is permissible for the State to make such classification which itself is not arbitrary and violation of equality class. The steps taken to absorb these petitioners, after the course has been abolished, is a policy decision taken by the Government in the larger interest.