KRAMACHANDRA Vs. STATE OF MYSORE AND

JUDGEMENT

(1.) The Petitioner before us was by an order of the Government of Mysore dated 4th February 1957 appointed as Principal, B. Education. Training College, Gulbarga. The said order of appointment reads as follows: "Sri Ramachandra M.A., M.Ed., Lecturer, Government Teachers College, Gulbarga, is appointed as Principal, B.Ed., Training College Gulbarga. He will be on probation for one year with effect from the date he takes charge of the post." The said B.Ed., Training College, Gulbarga was originally affiliated to the Oosmania University. Prior to the appointment of the Petitioner as the Principal of the said College the 2nd respondent who was the Inspector of Schools, Gulbarga, was acting as Principal. On the 25th July 1956 the Government of Hyderabad issued a notification whereby the method of recruitment and qualification for the post of Principal, B.Ed., Training College was prescribed. As the 2nd Respondent did not possess the prescribed qualifications for the said post the public Service Commission, Hyderabad issued advertisements on 27-8-56, inviting applications inter alia for the post of Principal, B.Ed., Training College. The Petitioner applied for the said post and was selected by the Public Service Commission for the same. Before the actual appointment could be made the Reorganization of States took place as a result whereof Gulbarga, wherein the College was situate, was allotted to the State of Mysore. The Mysore Government thereafter on 4th February 1957 notified the aforesaid other appointing the Petitioner as Principal, B.Ed., Training College, Gulbarga.

(2.) On 2nd March 1957 the Petitioner took charge of the said post and continued to act as such Principal. On 10-2-58 the said College was affiliated to the Karnatic University for one year from June 1957. On 12-8-58 the Government of Mysore issued three notifications relating to the post of Principal, B.Ed. Training College Gulbarga. By the first notification the period of probation of one year of the petitioner was extended by six months with effect from 1st March 1958. By the 2nd notification, of the same date, he was discharged with immediate effect on grounds of unsuitability. By the 3rd notification, also of the same date, the 2nd respondent was appointed temporarily as Principal, B. Education. Training College with effect from the date he takes charge of the post. As the Petitioner before us is challenging the competency of the Government to pass the said notifications it would be necessary to set out the same. The said notifications read as follows. "Education Secretariat Dated 12th August 1958 (Sravana 21 Saka Era 1880). No. ED. 8 DGO. 57. Under Rule 4(1) of the Mysore Government Servants' (Probation) Rules, 1957, the period of probation of one year of Shri K. Ramachandra, M. A., M.Ed., Officiating Principal, B. Education., Training College, Gulbarga, is extended by six months with effect from 1-3-1958, as the question of his suitability of holding the said post has been under examination. ** ** ** Dated 12-8-1958 (Sravana 21, Saka Era 1880) No. Ed 8 DGO. 57. Under Rule 6 of the Mysore Government Servants' (Probation) Rules, 1957, Shri K. Ramachandra M. A., M.Ed., Principal, B. Ed., Training College, Gulbarga, is discharged with immediate effect on grounds of unsuitability. ** ** ** Dated 12-8-1958 (Sravana 21, Saka Era 1880) No. Ed. 8 DGO. 57. Shri Manik Rao, B. A., M. Ed., Inspector of Schools, Gulbarga, is appointed temporarily and until further orders as Principal, B. Ed., Training College, Gulbarga, with effect from the date he takes charge of the post ** ** **

(3.) The Petitioner in this petition is praying for quashing the said orders of the Mysore State extending his probation, discharging his services and appointing the 2nd Respondent as the Principal in his place and for issue of appropriate writ or writs for that purpose. Several grounds were urged before us on behalf of the petitioner in support of the petition.