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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2ND DAY OF AUGUST, 2016

BEFORE

THE HON’BLE MR.JUSTICE B.S.PATIL

W.P.Nos.32029-121/2016 &

W.P.Nos.32560-568/2016 (S-RES)

BETWEEN 1. MORARJI DESAI / EKALAVYA

RESIDENTIAL PRE UNIVERSITY COLLEGE LECTURERS AND STAFF ASSOCIATION (R) NO.132, NAGARURU COLONY, DASANAPURA HOBLI & POST, OPP. TO TUMAKURU ROAD, BANGALORE-562123, REP. BY ITS SECRETARY.

2. SRI SRINIVAS MURTHY K., S/O LATE H.M.KRISHNA, AGED ABOUT 29 YEARS, R/A APPAIAH SWAMY ROAD, SHIVAKERI, VIRAJPET, TALUK: VIRAJPET, KODAGU DISTRICT-571218.

3. SRI KRISHNA B.C., S/O CHIKKELINGE GOWDA, AGED ABOUT 32 YEARS, R/A CHOTTANAHALLI VILLAGE, KONASHALE POST, MADDUR TLAUK, MANDYA DISTRICT-571419.

4. SMT. SWAPNA K.K., W/O V.G. SAMPATH SUBBAIAH, AGED ABOUT 33 YEAWRS, R/AT SHANTHI ESTATE, MAGGULA VILLAGE, I MANGALA POST,

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VIRAJPET TALUK, SOUTH COORG-571218.

5. SRI. SANTHOSH KUMAR S.U., S/O UMAPATHI K.V. AGED ABOUT 35 YEARS, R/AT BEHIND KEB OFFICE, SUNKADAKATTE ROAD, HONNALLI, DAVANAGERE DIST-577217.

6. SRI. KISHORE.M.,

S/O MANJUNATHA R., AGED ABOUT 32 YEARS, R/AT H.NO.402, "SHREESHA NILAYA", 4TH CROSS, BASAVANAGUDI, SHIVAMOGGA-577 201.

7. SRI. RAJASHEKAR G.C., S/O CHIKKAVEERAPPA G., AGED ABOUT 37 YEARS, R/AT NO.872/10/10B, NEAR OLD CHURCH, JAYANAGAR ‘C’ BLOCK, NITTUVALLI NEW EXTENSION, DAVAAGERE-577004.

8. SRI. MAHADEVA B.D., S/O LATE DODDAMADEGOWDA, MAJOR, R/AT NEAR EAST POLICE STATION, KRUUBA STREET, RAMASAMDRA TOWN, CHAMARAJANAGAR TQ & DIST PIN-571342.

9. SRI. SRINIVASA S.K., S/O KRISHNAPPA AGED ABOUT 40 YEARS, R/AT APPAYYA COMPOUND, 8TH CROSS, KARANJI KATTE, KOLAR-563 101.

10. SRI. GURKERU RANGANNA S/O GURUKERU POMPAPATHI, AGED ABOUT 36 YEARS, R/AT BYLUR VILLAGE & POST, BELLARY TALUK & DIST-583 120.

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11. SRI. D.K.MALLIKARJUNA,

S/O K. MARISWAMY, AGED ABOUT 33 YEARS, R/AT RARAVI VILLAGE & POST, SIRUGUPPA TALUK, BELLARY DISTRICT-583 120.

12. SRI. RAMESH BABU L., S/O LAKSHMINARAYANA SETTY, AGED ABOUT 41 YEARS, R/AT DHARMARAJA TEMPLE STREET, NARASAPURA VILLAGE & POST, KOLAR TQ & DIST-563 133.

13. SRI. BABU H.N., S/O NARAYANASWAMY S.M., AGED ABOUT 31 YEARS, R/AT H.G. HOUSUR VILLAGE, YELDUR POST, KOLAR TQ & DIST-563 138.

14. SRI. MOHAMED SAFDAR, S/O ABDUL RASHEED, AGED ABOUT 33 YEARS, R/AT NO.956, MASJID MAIN ROAD, KHUTUB GHOWRI MOHALL, KOLAR-563 138.

15. SRI MOHAN S., S/O SUBRAMANYAM A., AGED ABOUT 34 YEARS R/AT KOTRAGULI VILLAGE, IMARAKUNTE POST, SRINIVASAPURA TALUK, KOLAR DISTRICT-563 138.

16. SRI BANDAPPA, S/O SHARANAPPA, AGED ABOUT 33 YEARS, R/AT ANAWAR, CHINDHOLI TALUK, KALBURGI DISTRICT-585 305.

17. SRI PARVATHE GOWDA T.K., S/O KRISHNEGOWDA T P

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AGED ABOUT 37 YEARS R/AT THOTADAHALLI VILLAGE KAIMARA POST CHIKMAGALUR TQ AND DIST-577 131

18. SMT. ROOHINA TABASUM, W/O SHAHID RIZWI, AGED ABOUT 31 YEARS R/AT NEAR DEVEGOWDA NURSING COLLEGE BELURU ROAD MANACHANAHALLI J H KERE POST HASSAN TQ AND DIST-573 217

19. SRI SHIVAMURTHY A.P., S/O PUTTAMALLAIAH, AGED ABOUT 27 YEARS R/AT AJJANAHALLI VILLAGE PANNASAMUDRA POST ARSIKERE TALUK HASSAN DIST-573 103

20. SRI DEVARAJU D., S/O DASAPPA, AGED ABOUT 33 YEARS, R/AT SATHENAHALLI POST, CHELUR HOBLI, GUBBI TALUK, TUMAKURU DIST-572 117.

21. SRI DAYANANDA N.K., S/O KANAKARAJU K N AGED ABOUT 36 YEARS R/AT I CROSS, SADASHIVANAGAR, BEHIND ESSRA SHADI MAHAL TUMAKURU-572 105

22. SRI PUNITH KUMAR K.R., S/O RAMACHANDRAIAH K.P., AGED ABOUT 28 YEARS, R/AT KOLALA AT AND POST KORATAGERE TQ TUMAKUR DIST-572 140

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23. SRI RAGHUNATHA REDDY R.,

S/O REDDAPPA, AGED ABOUT 30 YEARS, R/AT NO.77, BILLANDLAHALLI VILLAGE, KADADANAMARI POST, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT-563 125

24. SRI MAHADEVASWAMY H.D., S/O DUNDAMADA SHETTY, AGED ABOUT 25 YEARS R/AT 774, UPPARA STREET, BEECHAHALLI, HONNUR VILLAGE AND POST YELANDUR TALUK, CHAMARAJANAGAR DISTRICT-571 441

25. SRI SURESH KUMAR S., S/O SOMBHANAIKA, AGED ABOUT 27 YEARS R/AT 28B, HALASURU VILLAGE BEERWAL POST H D KOTE TALUK MYSORE DISTRICT-571 121

26. SRI.SANGAMESH GURUBASAPPA BENKI, S/O LATE GURUBASAPPA, AGED ABOUT 33 YEARS, C/O SRINATHA BENKI, CHANDRAPURA COLONY, NEAR AZAD HOSPITAL, VAZRA HANUMAN NAGAR, VIJAYAPUR-586101

27. SRI.MANJULA D.C. S/O CHINNAPPA D.P. AGED ABOUT 25 YEARS R/AT MALLAHALLI VILLAGE, KUMARAHALLI POST, SOMWARPET TLAUK KODAGU DISTRICT-571236

28. SRI. GOPI V. S/O LATE VENKATESH AGED ABOUT 39 YEAARS

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R/AT NO.23, NEAR BASAVANAGUDI TEMPLE, HEBBAL MAIN ROAD, & COLONY, METAGALLI POST, MYSORE-570004

29. SRI.KUMARASWAMY M. S/O P. MAHADEVAIAH AGED ABOUT 42 YEARS R/AT NO.1739, 1ST CROSS, HULLINABEEDI, K.R.MOHALLA, MYSORE-570004

30. SRI.NATESHA A.N. S/O NINGEGOWDA AGED ABOUT 33 YEARS R/AT AJJUR VILLAGE & POST, ARAKALAGUD TALUK HASSAN DISTRICT-573102

31. SRI.PRATHAP K. S/O KRISHNAYAKA AGED ABOUT 26 YEARS R/AT HONNENAHALLI VILLAGE, KATTEMALAVADI POST, HUNSUR TALUK MYSORE DISTRICT-571134

32. SRI. SHIVANANDA G.AWARI, S/O GADIGEPPA AWARI, AGED ABOUT 26 YEARS, R/AT GANGADHAR NAGAR, NOOLVI AT & POST, HUBLI TALUK DHARWAD DISTRICT-580028

33. MS. AJIRATBI ADUR D/O REHAMAN AGED ABOUT 28 YEARS RA/T GADAG ROAD, NAAZ MANZIL, SAVANUR,HAVERI DISTRICT-581118

34. SRI. BANAKARA PARASAPPA, S/O BANAKARA JARUGAPPPA, AGED ABOUT 40 YEARS GOVERAHALI POST, HARAPANAHALLI TALUK DAVANAGERE DISTRICT-583131

35. SRI.SHIVAKUMAR H. S/O HONNAIAH AGED ABOUT 35 YEARS

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R/AT DODDARAYA PETE POST & IVLLAGE, CHAMARAJANAGARA TALUK CHAMARAJANAGAR DISTRICT-57131

36. SRI. RAJENDRAPRASAD H.M. S/O LATE MADAIAH H.N. AGED ABOUT 35 YEARS RA/T KAVINANJANAPURA NEW EXTENSION, SOMAVARPET POST, CHAMARAJANAGAR TALUK CHAMARAJANAGAR DISTRICT-571313

37. SRI RAJAKUMAR M.S., S/O SINGRAIAH, AGED ABOUT 54 YEARS, R/AT #16K78, 3RD CROSS, VIDYANAGAR, MANDYA DISTRICT-571401.

38. SRI MAHESH B.HOOLI, S/O BASAVARAJ D.HOOLI, AGED ABOUT 33 YEARS, R/AT MALLIKARJUNA KRUPA, R.S NO.174/2 P.NO.37, SHIVANAGAR LAST CROSS, GOKAK TALUK, BELGAUM DISTRICT-591307.

39. SRI DYAMANNA S.GADDI, S/O SHARANAPPA GADDI, AGED ABOUT 34 YEARS, R/AT TUGGALDONI POST, KUSHTAGI TLAUK, KOPPAL DISTRICT-583280.

40. SRI MAHANTESH S.MASTIHOLI, S/O SHANKAR B.MASTIHOLI, AGED ABOUT 31 YEARS, R/AT C/O CHANNAMALLAPPA TUPPAD, MAHALINGESHWAR NAGAR, GOKKA TALUK, BELGAUM DISTRICT-591307.

41. SRI BALAWANT H.SWAMI S/O HANUMANT, AGED ABOUT 32 YEARS, R/AT #418/6, MOKASHI GALLI, KILLA,

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GOKAK TALUK, BELGAUM DISTRICT-591307.

42. SRI LATHA K., S/O MALLIKARJUNA K., AGED ABOUT 31 YEARS, R/AT C/O K.JAMBANATH, ASHIRVADA NILAYA, NEAR HALASWAMY MATHA HAMPASAGAR ROAD, OLD H.B.HALLI, H.B.HALLI TALUK, BELLARY DISTRICT-583224.

43. SRI MUTTAPPA D.GODI, S/O DEVINDRAPPA GODI, AGED ABOUT 28YEARS, R/AT NILOGAL POST, KUSHTAGI TALUK, KOPPAL DISTRICT 584166.

44. SRI LOKESHA S. S/O LATE SOMASHEKAR S.C., AGED ABOUT 32 YEARS, R/AT MUKKUNDUR VILALGE, MAHADEVARPURA POST, HASSAN TALUK, HASSAN DISTRICT-573201.

45. SRI UMA V MUNOLI AGED ABOUT 31 YEARS, R/AT PLOT NO.4/1, SANGAMESHWAR NAGAR, BELGAUM DISTRICT-590010.

46. MISS PREMA P. D/O HANUMANTHA RAO P., AGED ABOUT 27 YEARS, R/AT SHIVAJI ROAD, NYAMATHI, HONNALLI TALUK, DAVANAGERE DISTRICT-577223.

47. SRI YASHASWINI K. S/O KRISHNAMURTHY B, AGED ABOUT 26 YEARS, R/AT N.H.ROAD, OLD KUMSI, SHIMOGA TALUK, SHIMOGA DISTRICT-577423.

48. SRI.JIYAULLA S/O ANWAR SAB, AGED ABOUT 37 YEARS,

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R/AT C/O RAFEEZ AHAMED, OLD HOSPITAL ROAD, SHIKARIPUR, SHIMOGA DISTRIT-577 427.

49. MISS.SINDHU Y.N., D/O NINGOJI RAO, AGED ABOUT 30 YEARS, R/AT VINAYAKA NAGARA, 10TH CROSS MAIN ROAD, SHIKARIPURA TALUK & POST, SHIMOGA DISTRICT-577 427

50. SRI.ARIF NOORUDDIN SAVALGI S/O NOORUDDIN MOHAMMEDHNIF SAVALGI AGED ABOUT 36 YEARS, R/AT KONNUR POST, GOKAK TALUK, BELGAUM DISTRICT-591 231

51. SRI NAGARAJU S., S/O SREERAMAPPA, AGED ABOUT 35 YEARS, R/AT ARURU VILLAGE & POST, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT-562 104.

52. SRI SHRISHAIL SHIVARAYAPPA BANAVI S/O SHIVARAYAPPA D BANAVI, AGED ABOUT 38 YEARS, R/AT 1ST CROSS, YOGIKOLLA ROAD, GOKAK TALUK, BELGAUM DISTRICT-591 307.

53. SRI RAMASIDDA BALAPPA WAJANTRI, S/O BALAPPA BHIMAPPA WAJANTRI, AGED ABOUT 39 YEARS, R/AT TAVAQ POST, GOKAK TALUK, BELGAUM DISTRICT-591101

54. SRI KHADER ALI, S/O YUSUF ALI, AGED ABOUT 42 YEARS, R/AT HATHIVALE NEAR ELAHI MAJJID DEVARAJ URS COLONY, KOPPAL DISTRICT-583 231

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55. SMT.CHANDANA R.,

S/O RATHNAIAH, AGED ABOUT 28 YEARS, R/AT # 92, KONAPALLI VILLAGE & POST, AMBAJI DURGA HOBLI, CHINTHAMANI TALUK, CHIKKABALLAPURA DISTRICT-563 125.

56. SMT.BHARATHI BHANDARI, D/O DAYANAND BHANDARI, AGED ABOUT 29 YEARS, R/AT NEAR URDU SCHOOL, MOORUKATTE, KUMTA TALUK, UTTARA KANNADA-581 440.

57. SRI NAGARAJ PATGAR S/O VENKATRAMANA PATGAR, AGED ABOUT 29 YEARS, R/AT KODKANI POST, KUMTA TALUK, UTTARA KANNADA-581 440

58. SMT.KAVITA SUBRAMANYA JOSHI D/O SUBRAMANYA JOSHI, AGED ABOUT 24 YEARS, R/AT SANKOLLI, HALADIPURA POST, HONNAVARA TALUK, KARWAR DISTRICT-581 327.

59. SMT SHAKUNTHALA I KUSABI, D/O ISHWARAPPA KUSABI, AGED ABOUT 33 YEARS R/AT C/O I.M.KUSABI, 10TH CROSS,VIDYAGIRI, BAGALKOT DISTRICT-587 101

60. SRI BASALINGAPPA S/O MALLANAGOUDA, AGED ABOUT 30 YEARS R/AT C/O B M NADAGOUD, DIDDIGI POST, SINDHANUR TALUK, RAICHUR DISTRICT-584 138

61. SRI SANNAGOUDA B BOODAGATTI, S/O BASANAGOUDA BOODAGATTI,

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AGED ABOUT 31 YEARS R/AT HANUMAPUR POST, RANEBENNUR TALUK, HAVERI DISTRICT-581 315

62. SMT SUNITHA M., D/O K MAHADEVU, AGED ABOUT 35 YEARS, R/AT LIG 85 (II STAGE) KHB COLONY, KUVEMPU NAGAR, MYSORE DISTRICT-570 023

63. MISS SHAISTABANU S.JAMADAR S/O SAYED MUKHTAR AHMED JAMADAR AGED ABOUT 31 YEARS R/AT PLOT NO.7,ANNAPURNWADI BAUXITE ROAD, AZAM NAGAR, BELGAUM DISTRICT-590 010

64. SMT LATHA R., S/O RAJE GOWDA, AGED ABOUT 26 YEARS R/AT MUDALAKOPPALU VILLAGE, ALANAHALLI POST, PERIYAPATTANA TALUK, MYSORE DISTRICT-571 107

65. SMT SHIVAMMA H.R., D/O RANGASWAMY, AGED ABOUT 30 YEARS R/AT HULIMAVU VILLAGE, BOOKAHALLI POST, NANJANAGUDI TALUK, MYSORE DISTRICT-571 302

66. SMT MANASA C.V., D/O BOPPANNA C K AGED ABOUT 26 YEARS R/AT SHUBHASH NAGAR, MURUNAD, MADIKERI TALUK, KODAGU DISTRICT-571 252

67. SRI RUDRAIAH U.R., S/O RAMAIAH,

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AGED ABOUT 47 YEARS R/AT MARKET ROAD, CHATRAMAIDAU, MUDIGERE TALUK, MUDIGERE TALUK-577 132

68. SRI B.R.PRAKASH, S/O LATE B T RUDRAPPA, AGED ABOUT 43 YEARS R/AT BEEKANAHALLI ROAD, JYOTHI NAGAR POST, CHIKKAMANGALORE TALUK, CHIKKAMANGALORE DISTRICT-577 131

69. MS NANDINI H.N., D/O NAGESH H.J., AGED ABOUT 26 YEARS R/AT HALASE VILLAGE & POST, MUDIGERE TALUK CHIKKAMANGALORE DISTRICT-577 132

70. SMT. CHANDANA N.N. W/O LAVA KUMAR H.S. AGED ABOUT 30 YEARS, R/AT HOKKALLI POST, MUDIGERE TALUK, CHIKKAMANGALORE DISTRICT - 577 113

71. SRI MAHANTESH S.B., S/O BASAVARAJAPPA S.B., AGED ABOUT 29 YEARS, R/AT J C R EXTESNION, NEW POST OFFICE ROAD, JAGALUR TALUK, DAVANAGERE DISTRICT - 577 528.

72. SRI SOWMYA M.C., D/O CHANNEGOWDA, AGED ABOUT 31 YEARS, R/AT # 1888, KALUVE ROAD, MELLAHALI, K.M.DODDI, MADDUR TALUK, MANDYA DISTRICT - 571 422.

73. SRI JAYAPPA C., S/O HANUMANTHAPPA C., AGED ABOUT 40 YEARS, R/AT 789/14 JAYANAGAR A BLOCK,

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5TH CROSS, 1ST MAIN, DAVANAGERE DISTRICT - 577 004.

74. SRI BASAVANAGOWDA K.G.,

S/O K.G. PANCHAPPA, AGED ABOUT 35 YEARS, R/AT BENAKANAHALLI POST, HONNALI TALUK, DAVANAGERE DISTRICT - 577 224.

75. SMT. MANJULA D., D/O DURUGAPPA K.P., AGED ABOUT 45 YEARS, R/AT 1929/18, 21ST CROSS, VIDYA NAGAR LAST BUS STOP VIDYA NAGAR, DAVANAGERE DISTRICT - 577 224.

76. SRI RAVIKEERTHI K., S/O KARIYAPPA B., AGED ABOUT 29 YEARS, R/AT #B10, P & T QUARTERS, P.J. EXTENSION, 8TH MAIN, DAVANAGERE DISTRICT - 577 002.

77. SRI LINGARAJU P.G.,

S/O GURUSHANTHAPPA P. AGED ABOUT 34 YEARS, R/AT HOUSE NO. 77, BEHIND JMIT, TARALABALU NAGAR, 1ST BLOCK, CHITRA NILAYA, CHITRADURGA DISTRICT - 577 502.

78. SRI SHIVANNA R. S/O RASIKATAPPA, AGED ABOUT 42 YEARS, R/AT SALABOMMANAHALLY, MALLAPPANNAHALLY POST, HIRIYUR TALUK, CHITRADURGA DISTRICT - 577 545.

79. SRI MALLIKARJUNA P & R S/O RAJASHEKARAIAH PB AGED ABOUT 29 YEARS, R/AT SARASWATHI PURAM (SHREE SHAILA KRUPA) 1ST CROSS, HOUSING BOARD ROAD, NEAR COMPETITIVE EXAM CENTRE CHITRADURGA DISTRICT - 577 501.

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80. SMT. NAGAVENI N., D/O NINGAPPA M., AGED ABOUT 30 YEARS, R/AT MADHURA NIVASA, IUDP LAYOUT, 6TH CROSS, NEAR GANESHA TEMPLE, CHITRADURGA DISTRICT - 577 501.

81. SMT. AYESHA RAHAMAN,

W/O MOHIYUDDIN KHAN, AGED ABOUT 32 YEARS, R/AT ASSAR MOHALLA, BESIDE JAMIYA MASJID, OPPOSITE TO ASSA, CHITRADURGA DISTRICT-577501

82. SRI YOGENDRA KUMAR R.C., S/O RAMAPPA C. AGED ABOUT 46 YEARS, R/AT HIRECHOWTI, YENNEKOPPA POST, SARABA TALUK, SHIMOGA DISTRICT-577413

83. SMT SUNITHA T.S., D/O SREERAMAIAH, AGED ABOUT 29 YEAR,S R/AT THIRUMANI POST & VILLAGE, GUDIBANDI TALUK, CHIKKABALLAPUR DISTRICT-562101

84. SRI VINOD SHRIKANT WALIKAR, S/O SRIKANT V. WALIKAR AGED ABOUT 29 YEARS, R/AT SANGANKERI POST, GOKAK TALUK, BELGAUM DISTRICT-591307

85. SRI C.SREENIVASA MURTHY, S/O LATE CHIKKAMADAIAH, AGED ABOUT 43 YEARS, R/AT YERAGAMBALLI VILLAGE & POST, YELAMDUR TALUK, CHAMARAJANAGAR DISTRICT-571313

86. SRI B.CHANDRASHEKARA S/O B.S.BASAVARAJU AGED ABOUT 38 YEARS,

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R/AT ADAVIBANTENAHALLY HAGARE POST, MADIHALLY HOBLI, BELUR TALUK, HASSAN DISTRICT-573216

87. SRI MANJUNATHA N., S/O NARAYANAPPA AGED ABOUT 34 YEARS, R/AT MANDIKAL VILLAGE & POST, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT-562104

88. SRI VINAYA M.K., S/O KUMARA SWAMY AGED ABOUT 29 YEARS, R/AT MIG6 KUVEMPU NAGAR, 2ND STAGE, HASSAN DISTRICT-573201

89. SRI B.K.SOMARAJU, S/O KEMPEGOWDA, AGED ABOUT 44 YEARS, R/AT ANASOSALU, CHIKKAHALLY POST, BASASALU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571446

90. MS DEEPA M.R., D/O MYLAHALLI REVANN, AGED ABOUT 31 YEARS, R/AT NO.332, 17TH MAIN CROSS, 3RD STAGE, B BLOCK, VIJAYANAGAR

91. SRI SHIVARAJ A., S/O MALLAPPA, AGED ABOUT 43 YEARS, R/AT NO.1-2-77, PATEL STREET, DEVADURGA 584111 DIST RAICHUR

92. SRI SHAIK ILYA AHAMED S/O ADAM, AGED ABOUT 34 YEARS, R/AT NO.7-1-98, SHANTHINAGAR, DEVARGUA 584111 RAICHUR DISTRICT

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93. SMT. KALLUR LALITA

D/O VEERAPPA AGED ABOUT 35 YEARS, R/AT NO.6/84, GOUTHAM ONI MAIN ROAD, DEVADURGA 584111 RAICHUR DISTRICT

94. SRI KUMARA SWAMY

S/O SRI RAJA NAIK AGED ABOUT 35 YEARS, R/AT NO.646/1, CHATRAMAIDANA, MUDIGERE POST, CHATRAMAIDANA TALUK CHIKKAMAGALURU DIST. 577 132

95. SRI ADITHYA M.N. S/O LATE NAGESH M.H. AGED ABOUT 30 YEARS R/AT MARUTHI NILAYA, BEHIND SARGOD RICE MILL JAYANAGARA EXTENSION CHIKKAMAGALUR 577 101

96. SMT.PREETHI H.M D/O SRI D.MAREGOWDA AGED ABOUT 31 YEARS, R/AT C/O B.RAVI, MARUTI KRUPA NANDA SCHOOLD ROAD, RAGHAVENDRA NAGAR, TUMKUR 572 102. 97. SMT.MAMATHA B.T. W/O SRI DHARMA KUMAR B.C., AGED ABOUT 43 YEARS R/AT MAMATHA NILAYA, 1ST CROSS, SRINIDHI LAYOUT, BEHIND NALANDA CONVENT, TUMKUR 572 102. 98. SMT.SHARADA M.SHIVANGI D/O SRI MANISHAPPA AGED ABOUT 30 YEARS R/AT AKSHAYA COLONY DEODURGA, RAICHUR DIST.

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99. Dr.JAGADEESH B.C. S/O CHENNAPPA B.C. AGED ABOUT 40 YEARS R/AT MADENADU VILLAGE & POST, MADIKERI TALUK COORG DIST- 571 201

100. BHAVYA B.R. D/O RAMEGOWDA B. AGED ABOUT 29 YEARS R/AT AIT GIRLS HOSTEL, BEHIND BINDU CANTEEN, BYPASS ROAD CHIKKAMAGALURU 577 101. 101. SHOIB S/O MOINUDDIN AGED ABOUT 27 YEARS AT MORARJI DESAI RESIDENTIAL PU COLLEGE, DEODURGA, NEAR AYYAPPA SWAMY TEMPLE, RAICHUR 584 111. 102. S.PRATHIKSHA JAIN, W/O SHRAVAN JAIN AGED ABOUT 26 YEARS R/AT SRI KUSHUMANDINI KRUPA, MUDARA, BAJAGOLI POST, KARALA TALUK, UDUPI DISTRICT 574 122. ... PETITIONERS

(By Sri.V.LAKSHMINARAYAN, SR.COUNSEL A/W SMT.ANUSHA L., ADV.) AND 1. STATE OF KARNATAKA,

REP BY ITS SECRETARY DEPARTMETN OF SOCIAL WELFARE M S BUILDINGS, DR B R AMBEDKAR ROAD, BENGALURU - 560001

2. KARNATAKA RESIDENTIAL EDUCATION INSTITUTIONS SOCIETY, KARNATAKA SAHAKARA MAARATA MAHA MANDALI BUILDING,

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CUNNINGHAM ROAD, NEAR HIGHGROUND POLICE STATION BENGALURU - 560001

3. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE GARAGANDOR, SOMWARPET TALUK KODAGU DISTRICT - 571251

4. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE HOSUR SHIKARIPURA TALUK SHIMOGGA DISTRICT - 577427

5. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE SAVANUR HAVERI DISTRICT - 581118

6. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE H K R CIRCLE NITTUVALLI DAVANGERE - 57704

7. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE KODIUGANE CHAMRAJANAGAR TQ & DIST - 571313

8. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE JADIGENAHALLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT

9. PRINCIPAL EKALAVYA MODEL RESIDENTIAL PU SCIENCE COLLEGE BALUGODU VIRAJPET BETOLI POST VIRAJPET TALUK KODAGU DISTRICT - 571218

10. PRINICIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE GARGANDUR VILLAGE, SOMWARPET TALUK, KODAGU DISTRICT – 571251

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11. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE THIMLAPURA HOSPET TALUK

BELLARY DISTRICT - 583130 12. PRINCIPAL

MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE VARAKODU MYSORE TQ & DIST - 560010

13. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE SIDDHARTHANAGARA (GOLLAHALLI) TUMAKURU TQ & DIST - 572107

14. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE ADAKIMARANAHALLI, MAKALI POST, BENGALURU NORTH, BENGALURU - 586123

15. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE JADIGENAHALLI, BENGALURU RURAL - 562114

16. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE GAJALADINNE VILLAGE, K N S POST KOLAR TQ & DIST - 563102

17. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE CHIKMAGALUR CHIKMAGALUR DISTRICT - 577101

18. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE KOTTIGEHARA CHIKMAGALUR DISTRICT - 577113

19. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE CHITRADURGA

CHITRADURGA DISTRICT - 577501

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20. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE DONIPUR, KALABURAGI - 585101

21. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE GORLAGUMMANAHALLI,

CHIKKABALLAPUR - 562101 22. PRINCIPAL

MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE GUDDENAHALLI HASSAN - 573119

23. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE HIRESINDHOGI KOPPAL-583231

24. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE NIDASHOSHI, BELAGAVI-591236

25. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE TAVAG, BELAGAVI-591101

26. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE SANTHE KASALAGERE, MANDYA-571403

27. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE YELLAPURA UTTARA KANNADA-581359

28. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE DEVADURGA RAICHUR DISTRICT

21

29. PRINCIPAL MORARJI DESAI RESIDENTIAL PU SCIENCE COLLEGE MIYAR KARKALA TALUK, UDUPI DISTRICT

30. M/S ARC AGENCIUES, SHOP NO.4, MPL NO.1-9-66/2 TASNEEM PLAZA TANK BUND ROAD RAICHUR.

31. M/S SURAKSHA SECURITY SERVICES PRASHANTH BUILDING, OPP TO GOVT. BOYS HIGH SCHOOL R.C.ROAD, HASSAN DISTRICT, HASSAN-573201

32. M/s EAGLE DETECTIVE FORCE, SHARADHA COMPLEX, 3RD FLOOR, P.B.ROAD, DHARWAD-580 001

33. M/S GEMINI OUTSOURCE ALLIED SERVICE, NO.2345/6, NITUVALLI, NEW EXTENSION, DAVANGERE-577004

34. M/S GLOBAL MAN POWER AGENCY NO.1858/6, LIC COLONY, NEAR NUTANA COLLEGE, DAVANGERE-4577004

35. M/S UNIQUE SECURITY SERVICE (R) CONSULTANCY INTELLIGENCE, UTILITY AND MAN POWER SERVICE, GARDEN TOWER, 3RD CROSS, GARDEN AREA, SHIVAMOGGA-577201

36. M/S OBJECT TECHNOLOGIES NO.11/39-A, 1ST FLOOR, BULL TEMPLE ROAD, BENGALURU-560 004

37. M/S GLOBAL AGENCY VIJIPURA MAIN RAOD CHICKMAGALURU-577101

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38. M/S SLN DETECTIVE AGENCY 4TH CROSS, T G EXTESNION HOSKOTE TOWN BENGALURU RURAL-562514

39. M/S MANISH MANPOWER AGENCY JAJI ARCADE, NO.GF 11A S B COLEGE ROAD SANGAMESHWARA NAGAR GULBARGA-585103

40. M/S BALAJI CLEAN & TRANSPORT ASSOCIATES NO.24, 11TH CROSS, MALAGALA NAGARABHAVI II STAGE VISWANEEDAM POST BANGALORE-560091

41. M/S KOPPALA ZILLA VASATI KARYA NIRVAHISITHIRUVA SAHAKARA SANGHA OPP TAHASILDAR OFFICE KOPPAL-583226

42. M/S AKILA ENTERPRISES 2ND CROSS, BHARMAPPA NAGAR SHIVAMOGGA-577201

43. M/S SHOBHA ENTERPRISES DOOR NO.140, TALAKAVERI LAYOUT AMRUTHAHALLI, BYATARAYANAPURA, YELAHANKA ROAD, BENGALURU.

44. HARSHITA SECURITY SERVICES, NO.59, 2ND FLOOR, 1ST MAIN 4TH CROSS, MARUTHINAGAR MADIWALA BENGALURU

45. SMT SUMA R.MUGADHORA SCIENCE TEACHER MORARJI DESAI RESIDENTIAL SCHOOL GANJIGATTI, SHIGGAON TALUK HAVERI DISTRICT. ... RESPONDENTS

(By Sri.JAYAKUMAR S.PATIL, SR.COUNSEL A/W SRI NAGAIAH, ADV. FOR C/R2)

23

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE

RESPONDENTS TO REGULARIZE THE SERVICE OF THE

PETITIONERS ON PAR WITH THAT OF OTHERS IN TERMS OF

REGULATION DTD:7.5.2011 AS PER ANNEXURE-G AND IN

ACCORDANCE WITH THE DIRECTION OF THIS HON'BLE COURT AS

PER ANNEXURE-J AND K ORDERS PASSED BY THE LEARNED

SINGLE JUDGE IN W.P. NO.243/1990 AND ORDER PASSED BY THE

DIVISION BENCH IN W.P.NO.5127/2012 & CONNECTED MATTERS.

THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE

COURT MADE THE FOLLOWING:

ORDER

1. Petitioner No.1 is an association formed and registered

for the welfare of its members. According to petition averments,

1st petitioner – Association has as its members, lecturers

working in as many as 30 colleges across the State including

both teaching and non-teaching staff. Other petitioners are all

staff working under different pre-university colleges in Morarji

Desai Residential Pre-university colleges run by 2nd respondent

– Karnataka Residential Educational Institutions Society. 2nd

respondent is fully funded by the State Government and its

affairs are regulated and controlled by the State Government

though it has its own managing body.

24

2. Relief sought by petitioners in these writ petitions is for

regularization of their services in terms of the regulation framed

on 07.05.2011 produced at Annexure-G and on the basis of the

direction issued by this Court in W.P.Nos.20204-20364/2011

and connected cases disposed of on 13.07.2012 (Annexure-H)

confirmed in W.A.No.5127/2012 and W.A.Nos.5831-61/2012

disposed of on 28.02.2013. Petitioners have also challenged the

order dated 27.05.2016 (Annexure-D) and the order dated

28.05.2016 (Annexure-E) and as also the order dated

28.05.2016 produced at Annexure-E1 issued by 2nd respondent

– Society. They have sought for a declaration that proposal

made by 2nd respondent to post teachers of Morarji Desai High

School possessing M.A. and M.Sc. qualification to work as

lecturers in Morarji Desai Residential Pre-university Colleges as

one without authority of law and ultra virus the recruitment

rules.

3. According to petitioners, they were duly qualified for

being appointed as lecturers with effect from 2008 and 2009

onwards and were as such appointed as lecturers in the Morarji

Desai Pre-University Colleges. Majority of petitioners, it is

urged, have put in 5-8 years of service whereas some of them

25

have put in 2-4 years of service. All these petitioners have been

appointed through outsourcing by an outside agency based on

a tender document approved by the Government of Karnataka

and the tender process was permitted by the Government

through 2nd respondent – Society and the Zilla Parishad of each

district.

4. 2nd respondent – Society was formed by the State

Government. The society was registered in the year 1999. It

adopted a novel scheme on the lines of the scheme introduced

by the Central Government for Navodaya Schools, Residential

High Schools were established in different parts of the State by

the Society. Initially appointments were made by the Society on

contract basis for teaching and non-teaching staff. From the

academic year 2004-2005, Zilla Parishad in each districts were

entrusted with the task of making appointments. Accordingly,

appointments to teaching and non-teaching staff of high

schools were made through an agency.

5. In 2011, regulations governing the recruitment of posts

of high school teachers in residential schools came into force.

Regulations provided for service weightage of 5 marks for each

26

completed year of service subject to maximum of 40 marks in

respect of candidates appointed by the Karnataka Residential

Educational Institutions Society on contract basis as one time

measure in the matter of recruitment. Some of the teachers

who had been appointed through outsourcing agency

challenged the recruitment regulations of the year 2011 insofar

as it related to extension of service weightage only to teachers

appointed by the Society on contract basis. They sought for a

direction to extend the same benefit to those who were

appointed through outsourcing agency.

6. This Court in W.P.Nos. 20204-364/2001 allowed the

said writ petitions holding that there could not be any

discrimination in the matter of extending benefit of service

weightage to high school teachers appointed by the Society on

contract basis and those appointed through outsourcing agency

subsequent to 2004-2005. Thus, writ petitions were disposed of

holding that while petitioners therein were not entitled for

absorption, the teachers appointed to high schools on or after

2004-2005 were entitled to be treated on par with teachers who

were appointed prior to that date by the Society on contract

basis in the matter of extension of benefit of service weightage

27

as specified in the Recruitment Regulations, 2011. This

judgment has been confirmed in W.A.No.5127/2012 and

W.A.Nos.5831-61/2012 and connected cases disposed of on

28.02.2013. Both these judgments are produced at Annexures-

H and K respectively. Special leave petition filed against the

order passed by the Division Bench referred to above has been

dismissed on 09.09.2013.

7. Further developments that have taken place are that as

per the Government order dated 07.07.2009, 2nd respondent –

Society was permitted to establish 29 Morarji Desai Pre-

university Colleges in different districts of the State. Condition

with regard to appointments of lecturers in pre-university

colleges as stated in the said Government order was that the

candidate must have secured post graduation in the concerned

subject with minimum 50% marks to be entitled for being

appointed through outsourcing and that preference shall be

given to those who possessed additional qualification of B.Ed.

As regards the post of Principal, minimum of 5 years experience

in teaching was insisted for appointment through outsourcing

along with other qualification required for a lecturer. Posts of

principals and lecturers could be filled up by deputation from

28

the education department. Clause 12 of the Government order

made it clear that the said appointments were temporary until

separate cadre and recruitment rules were framed regarding

teaching and non-teaching staff of pre-university colleges. It is

as per this government order, appointments of petitioners were

made through outsourcing agency and they were continued

periodically.

8. By the impugned orders, decision has been taken by

the Society which has been communicated to the department of

social welfare thereby informing them that with effect from the

academic year 2016-17, no appointments shall be made

through outsourcing at district level for the 29 pre-university

colleges because the results of 2nd PU examination announced

in March 2016 were not satisfactory and hence it had been

decided to improve the quality of education in those colleges,

therefore, for the academic year 2016-17 steps shall be taken to

appoint such of the qualified high school teachers possessing

required qualification of M.A. and M.Sc working in high schools

by deputing them to teach as lecturers in pre-university

colleges. In that regard, process of securing the willingness of

concerned high school teachers was initiated.

29

9. All this is evident from impugned orders produced at

Annexures-D and E. One appointment order dated 28.05.2016

whereunder a high school teacher by name Suma R. Mugadur

has been appointed as a lecturer in Chemistry in the Pre-

university Science College at Savanur has been produced at

Annexure-E1. Aggrieved by this process initiated to dispense

with the services of petitioners as lecturers appointed though

outsourcing in the various pre-university colleges by resorting

to appointment of qualified high school teachers on deputation

in their posts, petitioners have approached this Court seeking

aforementioned reliefs.

10. Learned Senior counsel Sri Lakshminarayan appearing

for petitioners has raised several contentions. In support of the

claim for regularization of services of petitioners or in the

alternative, for grant of weightage to them in fresh recruitment

to be made, he has placed strong reliance on the judgment

rendered in the writ petition confirmed by the Division Bench in

the writ appeal referred to above. In this connection, he urges

that as per the judgment of the Division Bench, service

weightage has been given even to those candidates appointed

30

through outsourcing and therefore, petitioners being similarly

placed, they cannot be discriminated against.

11. He has contended that teachers from high school

cannot be deputed to work as lecturers in pre-university

colleges merely because they possessed similar qualification

because the two cadres were different and deputation could

only be to an equivalent post. He has mainly urged that

impugned order passed by the Executive Director in this regard

is without authority of law. In this connection, he has placed

reliance on the judgments of the Apex Court in the cases of

ASHOK KUMAR RATILAL PATEL VS. UNION OF INDIA AND

ANOTHER - (2012) 7 SCC 757 (Paragraphs 13 and 14) wherein it

is held that ordinarily transfers on deputations are made as

against equivalent post from one cadre to another, one

department to another, one organization to another or one

Government to another. Reliance is also placed on the

judgment in the case of B. THIRUMAL VS. ANANDA SIVAKUMAR

AND OTHERS - (2014) 16 SCC 593 (Paragraph 25) to urge that if

any upgradation /re-designation is granted as a matter of

cause without any selection process and merely on the

incumbent acquiring a degree qualification, there was no

31

reason to treat such upgradation/ re-designation as a case of

appointment to the said service by transfer. It is urged by him

that nature of training and caliber required to teach the

students of Pre-university college are totally different from the

one required to teach high school students, therefore, an ill-

trained teacher cannot be appointed to teach in the pre-

university colleges. He has placed reliance on the following

judgments:

ANDHRA KESARI EDUCATIONAL SOCIETY VS. DIRECTOR

OF SCHOOL EDUCATION AND OTHERS - (1989) 1 SCC 392

(Paragraph 20), STATE OF ORISSA AND ANOTHER VS. MAMATA

MOHANTY - (2011) 3 SCC 436 (Paragraphs 26 and 29).

12. As regards the alleged arbitrary and unfair manner in

which the service of petitioners have been dispensed with, he

has pointed out that petitioners were entitled to be treated fairly

and they had legitimate expectation to have their services

regularized and denial of such an opportunity was illegal and

opposed to law. In this regard, he has drawn assistance of the

judgments of the Apex Court in the cases of ASHOKA

SMOKELESS COAL INDIA (P) LIMITED AND OTHERS VS. UNION OF

INDIA AND OTHERS - (2007) 2 SCC 640 (Paragraph 183),

32

KUMAON MANDAL VIKAS NIGAM LIMITED VS. GIRJA SHANKAR

PANT AND OTHERS – (2001) 1 SCC 182. He has emphasized the

fact that in these judgments, the Apex Court has observed that

the object of natural justice was not only to secure justice but

also to prevent miscarriage of justice.

13. He invites the attention of the Court to certain

documents filed along with a memo dated 12.07.2016 to

contend that 2nd respondent – Society has made appointments

of 82 high school teachers as lecturers in Morarji Desai pre-

university colleges as against the post held by some of

petitioners that too during the pendency of these writ petitions

though making a mention therein specifically that such

appointments and postings were subject to the result of these

writ petitions.

14. Learned Senior counsel Sri Lakshminarayan further

submits that as per 2012 Rules framed by regulating the

appointments of lecturers in pre-university colleges, all 29 posts

can be filled only by direct recruitment. Therefore, question of

filling up of these posts by deputing high school teachers did

not arise as the same was not permissible. He has urged that

judgment in Umadevi’s case rendered by the Apex Court will

33

not be applicable to the facts of the present case. In this

connection, he has placed reliance on the following judgments:

NIHAL SINGH AND OTHERS VS. STATE OF PUNJAB AND

OTHERS - (2013) 14 SCC 65 (Paragraphs 20 and 37), MALATHI

DAS (RETIRED) NOW P.B. MAHISHY VS. SURESH AND OTHERS -

(2014) 13 SCC 249 (Paragraphs 9 and 13).

15. In support of his contention that direction of the society

which was without jurisdiction cannot be ratified, he has placed

reliance on the following judgments:

DEVASAHAYAM (DEAD) BY LRS. VS. P. SAVITHRAMMA AND

OTHERS - (2005) 7 SCC 653; STATE OF PUNJAB VS. DAVINDER

PAL SINGH BHULLAR AND OTHERS. ETC. AIR 2012 SC 364;

RITESH TEWARI AND ANOTHER VS. STATE OF UTTAR PRADESH

AND OTHERS - (2010) 10 SCC 677, MARATHWADA UNIVERSITY

VS. SESHRAO BALWANT RAO CHAVAN - (1989) 3 SCC 132

(Paragraphs 27 to 29).

16. Learned Senior counsel appearing for respondent –

Society Sri Jayakumar S. Patil has strongly refuted the

contentions urged by petitioners’ counsel. He has sought to

distinguish the judgment rendered by this Court in the writ

petition confirmed in writ appeal, which pertained to teachers

appointed in the high schools and their claim for absorption

34

and weightage. It is urged by him that in the said writ

petitions, question involved was with regard to interpretation

and application of the regulations framed regarding service

weightage to be given to teachers, whereas the present case

pertained to appointment of lecturers in pre-university colleges

wherein no such regulation providing service weightage has

been enacted and no such question falls for consideration. It is

his submission that appointments as teachers to the high

school run by 2nd respondent – Society were governed by 2011

Rules wherein provision for absorption and weightage were

made confining it to the contract employees appointed by the

Society but denying the same to those appointed by way of

outsourcing from 2004 onwards. In that context, the Division

Bench held that even the teachers who were appointed from

2004 onwards through outsourcing were entitled for service

weightage as per the rules.

17. He invites the attention of the Court to the statement of

objections filed by the society and the regulations framed called

Karnataka Residential Educational Institutions Society (Cadre

and Recruitment) (Amendment) Regulations, 2013 dated

07.08.2013 produced at Annexure-R3 to contend that provision

35

for granting weightage was done away with in respect of

contract teachers and therefore, in the absence of any provision

for service weightage in the regulation framed, this Court

cannot issue any direction to provide weightage for the period of

service rendered by petitioners purely on temporary basis.

18. Sri Patil has pointed out that appointments were not

made by inviting applications from eligible candidates by way of

open competition. Their services were made available through

outsourcing agencies on specific stipulation and condition that

it was purely as a temporary arrangement hence, they cannot

claim any right for being considered for grant of weightage let

alone for regularization. He urges that such a recourse is

strongly deprecated by the judgment of the Apex Court in Uma

Devi’s case and therefore, petitioners are not entitled for

regularization of their services or for that matter, extension of

any benefit of weightage. He has also contended that the

recruitment was not made by any committee by following any

prescribed rules and adopting the policy of reservation as they

were purely adhoc and hence, the said appointments not being

regular recruitments fell within the mischief of Umadevi’s case.

He has taken me through the judgment of the Apex Court in

36

Uma Devi’s case to support his contention. With regard to the

proposal to depute high school teachers to teach in the pre-

university colleges, he has contended that such a measure has

been contemplated and initiated purely as a temporary step

pending filling up of posts by regular recruitment in terms of

the recruitment rules now framed.

19. He also points out that the appointing authority for the

posts of lecturers continued to be the executive officer as per

the rules even after amendment. It is his submission that the

competency of the executive officer to make the appointment by

way of deputation of qualified high school teachers to the posts

of lecturers cannot be subject matter of challenge in the present

proceeding at the instance of petitioners unless they establish

their right for regularization or for that matter for weightage.

20. The State Government has not filed any statement of

objections. It has not taken any definite stand in the matter.

21. Having heard the learned counsel for both parties and in

the light of the various contentions raised, following questions

fall for consideration:

37

(a) Whether petitioners are entitled for

regularization of their services in the posts of

lecturers of pre-university colleges run by 2nd

respondent?

(b) Whether petitioners are similarly placed as that

of writ petitioners in W.P.Nos.20204-

20364/2011 and connected cases and are,

therefore, entitled for weightage of service

rendered by them in their respective pre-

university colleges?

(c) Whether petitioners are entitled to contend that

appointments made to the posts held by them

by deputing high school teachers possessing the

qualification of M.A. and M.Sc. in their

respective subjects was without authority of law

and illegal? If answer to this question is in the

affirmative, then, whether appointments made

on deputation of high school teachers to the

pre-university colleges as lecturers is illegal and

unsustainable?

(d) What is the relief, to which petitioners are

entitled?

22. Admittedly, petitioners have been appointed purely on

temporary basis by an outsourcing agency. Though they have

worked for the period ranging from 2009-10 onwards upto

38

2015-16 with some intermittent breaks in some cases, fact

remains that they are all appointed purely on ad-hoc and

temporary basis. No advertisement notifying the posts and

inviting applications from the intending candidates was issued.

It was not an open competition where petitioners participated

and emerged successful. Therefore, it cannot be said that

recruitment was made regularly and in terms of the Rules of

recruitment or as per the Constitutional Scheme required to be

followed in the matter of appointment to any post under the

instrumentality of the State. The Apex Court in the case of

SECRETARY, STATE OF KARNATAKA AND OTHERS VS. UMADEVI

AND OTHERS REPORTED IN (2006)4 SCC 1, has categorically

held that orders of regularization or permanent continuance of

employees who were appointed on ad hoc or daily wage basis

would defeat the concept of social justice and equal opportunity

for all and that the Courts must desist from issuing orders

preventing regular selection or recruitment at the instance of

such persons and issuing directions for continuance of those

who had not secured regular appointments as per procedure

established. Hence, having regard to the nature of appointment

of these teachers who were selected purely on temporary and ad

hoc basis through an outsourcing agency and not by inviting

39

applications from all eligible candidates aspiring to participate

in the open competition for selection and appointment,

petitioners cannot be held entitled for regularization of their

service in the post of lecturers which they were holding

temporarily.

23. Point No.2: As regards the claim for grant of weightage of

service rendered by them in their respective Pre-university

colleges on the basis of the order passed in W.P.Nos.20204-

20364/2011, it has to be stated that those writ petitions had

been filed challenging the Karnataka Residential Educational

Institutions Society (Cadre & Recruitment) Regulations, 2011,

insofar as it related to grant of service weightage only to

members and teachers appointed by the Karnataka Residential

Educational Institutions Society denying similar treatment to

the appointments of teachers made to high schools run by the

Society through outsourcing agency. It is necessary to notice

that 2011 regulations framed by the Society governed

appointment of teachers to high schools. They specifically

provided for grant of weightage for service rendered by such of

the teachers who had served in the high school. But, while

making such provision, benefit was confined only to such of the

40

contract teachers who were directly appointed by the Society

and not to those who were appointed through outsourcing

agency. In such circumstance, this Court held that having

regard to the nature of their appointment, length of service and

the existence of the rule providing for weightage to the service

rendered by them, there could be no discrimination between the

teachers appointed by the Society and those appointed through

agency. Hence, on the principle of equality and non-

discrimination of similarly placed persons, benefit of the rule

framed extending service weightage was extended to all

teachers.

24. In the instant case, there is no such discriminatory

treatment alleged by petitioners. There are no two sets of

teachers one appointed by the Society, another appointed by

the outsourcing agency. All the teachers are appointed as

lecturers to Pre-university colleges through outsourcing agency.

The most important aspect that distinguishes these cases is the

absence of any rule providing for benefit of weightage. The new

recruitment rules framed in the year 2012 dispenses with the

benefit of service weightage given to the temporary teachers. So

far as the Pre-university college is concerned, the cadre and

41

recruitment rules do not provide for any such weightage. In the

absence of any rule, this Court cannot issue a direction to grant

service weightage to the petitioners by reckoning their service in

the respective Pre-university colleges.

25. Unless this Court comes to the conclusion that the

recruitment was made on a regular basis by open competition

taking note of the comparative merits of the candidates, it is not

desirable to issue such a direction to extend service weightage

recognizing such ad-hoc and temporary service rendered by

teachers who were appointed through outsourcing agency.

Therefore, the contention urged by the learned Senior counsel

for the petitioners that in view of the judgment rendered by this

Court in W.P.Nos.20204-20364/2011 and connected cases

disposed of on 13.7.2012 confirmed in appeal by the Division

Bench, petitioners are also entitled for service weightage cannot

be accepted.

26. Though several judgments have been cited in this regard,

none of these judgments have any application to the facts of the

present case, particularly in the wake of the law laid down by

the Constitution Bench of the Apex Court in Umadevi’s case.

The temporary employees who have approached this Court

42

seeking direction to extend benefit of service weightage have

failed to show that the relevant recruitment rules imposed any

legal duty on the appointing authority to take note of the past

services rendered by them or that any right is vested in them to

seek such benefit. In the absence of such provision in the rule,

this Court will not normally issue any such direction granting

service weightage. It is also necessary to notice here that the

appointments which were subject matter of the writ petitions in

W.P.Nos.20204-20364/2011 were to the post of high school

teachers as per the cadre and recruitment rules in force,

whereas, the appointments now made are to the posts of

lecturers in the Pre-university colleges. Hence, the order

passed in the said writ petition cannot be automatically made

applicable to these cases.

27. Point No.3 and 4:- Insofar as the other questions that

petitioners have raised with regard to legality or otherwise of

the action of the Society in deputing high school teaches

possessing qualification of M.A. and M.Sc. to work as lecturers

in Pre-university colleges, there is no provision made in the

Government Order dated 7.7.2009 under which 29 colleges in

the name and style of Morarji Desai Pre-university colleges were

43

established in different districts enabling such deputation of

teachers working in the high school to discharge their duties as

lecturers in the Pre-university colleges. It is true, for the

purpose of appointment as lecturer, the candidate must have

secured 50% marks in the post graduation course in the

concerned subject. As per Clause-11 of the Government Order

the post of lecturer could be filled up on deputation from the

Education Department. Clause-12 makes it clear that the said

appointments were purely temporary and were made as a

temporary arrangement only till the cadre and recruitment

rules were framed. Therefore, in the absence of any provision

made in the Government Order providing for appointment of

lecturers in the Pre-university colleges by posting the high

school teachers on deputation, there was absolutely no

justification and legal basis for the Executive Officer of the

Society to post such high school teachers in the place of the

petitioners. Such a recourse has been adopted on the ground

that results of the Pre-university students studying in Morarji

Desai Pre-university Colleges spread over in the State for the

academic year 2015 was not satisfactory.

44

28. While the Society is entitled to dispense with the service

of the petitioners in accordance with law particularly keeping in

mind that services of the petitioners were purely adhoc, the

action initiated must be in accordance with law and the

appointments made to the posts held by the petitioners has to

be traceable to the authority and power conferred under the

relevant Government Order or the Rules. Merely because high

school teachers who are teaching the high school students also

possessed MA and M.Sc. qualification, they cannot be posted on

deputation to teach students of Pre-university course in Pre-

university colleges. In the absence of any such provision in the

Government Order, this action of the Executive Officer cannot

be sustained. The fact that, Secretary of the Department has

approved a proposal in this regard could not cure the defect. No

Government Order is produced to show that a decision had

been indeed taken by the Government and an order was issued

authorizing the Executive Officer to take recourse to such a

measure of deputing high school teachers to teach in the Pre-

university colleges.

29. The contention urged by learned Senior Counsel for the

respondent Sri Jayakumar S.Patil that at the instance of the

45

petitioners this question need not be gone into cannot be

accepted because petitioners have been working as lecturers in

the Pre-university colleges. They have been continued from

time to time. If they have to be replaced by others, it has to be

only by appointing qualified persons in accordance with law.

Therefore in my view the decision taken by the Executive Officer

to depute the high school teachers to teach in the Pre-university

college is illegal and without authority of law.

30. There is no application of mind to the nature of training

required to be imparted to the college students studying in Pre-

university course. The capability and equipment required to

impart training and education to the Pre-university students

has not been examined. Therefore, such a hurried and hasty

decision taken cannot be sustained in law. Accordingly, points

3 and 4 are answered.

In the result and for the foregoing reasons, these writ

petitions are partly allowed. Relief sought for regularization

and for grant of service weightage is rejected. The action of the

respondents in appointing high school teachers as lecturers in

Pre-university colleges on deputation is declared as illegal and

46

without authority of law. Liberty is reserved to the

respondents to make appointments to the posts of

lecturers in Pre-university colleges in accordance with law

Sd/- JUDGE

VP/AP