PRINCIPAL AYURVEDIC COLLEGE AND HOSPITAL, HUBLI AYURVEDIC MAHAVIDYALAY Vs. STATE OF KARNATAKA THROUGH OLD HUBBALLI P S

JUDGEMENT

(1.) Heard the arguments of the petitioners' counsel and also the HCGP for the respondents.

(2.) The petitioners by invoking section 482 of Cr.P.C. , prayed this Court to quash the registration of complaint and FIR filed by Old Hubballi P.S. in Crime No.174/2018, which is pending on the file of II Addl. District and Sessions Judge, Dharwad, for the offence punishable under section 3(1) (q) , 4 and 5 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Atrocities Act' for short) .

(3.) The factual matrix of the case is that Hubballi Ayurvedic Mahavidyalay is one of the Ayurvedic College in north Karnataka and the same is established in 1965 for the wel fare of the society and giving good treatment to the backward community of the society. Now the college and hospital is surrounded by backward area and number of people are getting treatment. The appointments were made to the college with the approval and consent of the Ayush Department and the college authority have called applications for the vacancy and filling up the same from time to time with the approval of Ayush Department and appointments were also made in the year 2013, after obtaining the approval and appointment order was issued in 2016. The unsuccessful candidates have approached the High Court by filing a writ petition against the Principal and Secretary of the College and concerned other departments. The respondent No.2 has filed a complaint contending that during the process of appointment of teaching and non teaching staff , without following the rules, the principal and secretary of the Ayurvedic Mahavidyalay and Hospital have violated the Rules and thereby have causedloss and injustice to the candidates belonging to SC and ST and hence prayed to take action against the accused persons under Karnataka SC and ST and OBC (Reservation of Appointment Etc., ) Act, 1990 and Amendment Rules 2000 and the Government has directed to file complaint against them under section 5 of the said Act. Based upon the complaint made by the Joint Director of Social Wel fare Department, a case has been registered against these petitioners i .e, . the Principal and Secretary of Ayurvedic College and Hospital , Hubballi Ayurvedic Mahavidyalay, invoking the of fence under section 3(1)(q) , 4 and 5 of the Atrocities Act. Hence the present petition is filed before the Court.