JUDGEMENT
-
(1.)Leave granted.
(2.)The respondent No.1, Shri K. Govindappa was
appointed as a Lecturer in History in an aided
private college owned and managed by the
Vinayaka Rural Education Society, the
respondent No.2 herein, with effect from 10th
July, 1994. The said college, which was
situated at Hegalavadi, Gubbi Taluk, Tumkur
District, applied for approval of the
appointment of the respondent No.1, but such
prayer was refused by the Government of
Karnataka on the ground that the appointment
had been made in violation of the Roster Policy
and that he had been appointed in a post which
was reserved for a Scheduled Caste candidate.
A review petition was filed by the respondent
No.1 before the Government contending that
since there was only a single post of Lecturer
in History in the college, the reservation
policy would not apply to the said post in
which the respondent No.1 had been appointed.
As the claim of the respondent No.1 was
rejected by the Government, he filed a Writ
Petition before the Karnataka High Court
praying for quashing of the orders passed by
the Government and for a direction upon the
concerned authorities to approve his
appointment with effect from 21st July, 1994,
from which date he had joined his duties.
Contesting the claim of the respondent No.1 the
appellants contended before the Writ Court that
even though the Management was running only one
college, it had different disciplines for which
there were several Lecturers. It was contended
that the college had to maintain the Roster for
the purpose of making appointments after taking
into consideration the entire cadre of
Lecturers, irrespective of subjects. It was
also contended that in the college in question
there were six posts of Lecturers and hence,
the post of Lecturer in History could not be
considered as a single post.
(3.)The submissions made on behalf of the
appellants was rejected by the learned Single
Judge upon holding that since the post of
Lecturer in History was a single post, the
reservation policy would not apply to the
appointment made to the said post. The learned
Single Judge quashed the orders passed by the
Government upon holding that the appointment of
the respondent No.1 was just and legal and
directed the appellants to give approval to his
appointment.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.