High CourtsSingle Bench(2012) 09 KAR CK 0224

S. Mangala and Santoshima Shyanu Bhagara vs The State of Karnataka Nayana and Others Vs The State of Karnataka

Karnataka High Court · Decided on 10 September 2012

HON’BLE JUDGES
Huluvadi G. Ramesh, J
CASE NUMBER
Writ Petition No''s. 67077-78 of 2012 and C/W 63548-552 of 2012 and 63593-95 of 2012 (S-RES)

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Judgment

16 paragraphs · 298 words

Huluvadi G. Ramesh

1.

Learned Government Pleader is directed to take notice. In these set of writ petitions, petitioners claiming to be degree holders in the music

examination conducted by the Karnataka University and are eligible in all respects for appointment with the 2nd respondent-Selection Committee;

pursuant to the notification issued by the 2nd respondent they have been provisionally selected for the said posts, but now their names have been

refused to be included in the final selection list and also to appoint them as teachers stating that three years music degree course conferred on them

by the Karnataka University is not considered as equivalent degree recognised by the Government, have filed these writ petitions.

2.

Heard.

3.

According to the learned counsel for the petitioners, by the Government Order dated 9.6.1992, three years music examination conducted by the

Karnataka University is made equivalent to the prescribed qualification for appointment to the posts of music teachers. As such, the stand of the

2nd respondent excluding them in the final selection list to appoint as music teachers is contrary to the provisions of law. Accordingly, he has

sought for issuance of writ of mandamus to include the name of the petitioners in the final selection list and further appoint them as music teachers.

Since it is submitted that by a notification/Government Order dated 9.6.1992 the degree secured by the petitioners from Karnataka University is

made equivalent to the prescribed qualification for appointment as music teachers and in view of the eligibility of these petitioners as per the

Government Order, the 2nd respondent is hereby directed to consider the case of petitioners as prayed for, in accordance with law.

Accordingly, petitions are disposed of.

Learned Government Pleader is permitted to file her memo of appearance within four weeks from today.