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Judgment
Writ Petitioner is a person who claims to be belonging to Scheduled Caste community and who had education right from SSLC up to TCH in educational institutions of Turuvekere in Tumkur District during the years 1973 to 1983. Writ Petitioner had applied to the post of Primary School Teacher in response to a notification dated 20.9.2005 inviting applications for recruitment to the post of Primary School Teachers in Tumkur District issued by the Deputy Director of Public Instructions, Tumkur North District.
The petitioner had claimed the benefit of not only the reservation in favour of the Scheduled Caste Community but also a benefit of a person, who had studied in the rural area and the authorities examined her claim on such premise. The petitioner was called for counseling on 3.1.2007 and was subsequent to the counseling given a posting at Government Higher Primary School at Changavara of Sira Taluka, Tumkur District as Assistant Teacher. However, this was short viewed as the recruitment authority and the Deputy Director of Public Instructions, Madhugiri, Tumkur District issued a memorandum bearing No. C3. Pra Shashi. Ne/21/2006-06 dated 12.7.2007 denying the appointment to the petitioner on the ground that when the petitioner studied in Turuvekere from I Standard to X Standard, the place was not considered to be in rural area and therefore, the petitioner was not entitled for the appointment which had been initially offered to her.
This endorsement was challenged by the petitioner by filing application No. 4713/2007 before the Karnataka Administrative Tribunal at Bangalore contending that the endorsement was not valid in law, that Turuvekere was in a rural area at the relevant point of time and it is only after being satisfied that she had been selected to the post of Teacher in respect of reserved post for Scheduled Caste read with rural category, the endorsement was not tenable in law and to be dismissed. The petitioner urges that she had not been issued an appointment order though she is selected and therefore, sought for directions to this effect.
On behalf of the respondent/State, adverting to the definition of the ''Rural Candidate'' who was a person who had studied from I Standard to X Standard in a school situated in an area, which is other than a large urban area, small urban area or transitional area as indicated in the Karnataka Municipal Corporation Act, 1976 or Karnataka Municipalities Act, 1964, it was urged that Turuvekere was the rural area at the relevant point of time etc. Ultimately the Tribunal purporting to place reliance on a communication dated 24.4.2007 issued from the Chief Officer of the Pattan Panchayat, Turuvekere to which a reference had been made by the respondents and his communication had been addressed to the Office of the Deputy Director, Department of Public Instructions. Madhugiri indicating that during the period from 1952 to 1986-87, it was a Municipality and therefore, it cannot be considered as a rural area and accordingly, petitioner was not entitled for claiming the benefit as a candidate from rural area and dismissed the application as per the order dated 3rd July, 2012. The Tribunal also took into consideration the fact that the applicant before it did not dispute that Turuvekere was Municipality from the year 1952 to 1986-87 and therefore, there was no occasion to interfere.
It is aggrieved by this order of the Tribunal and also the endorsement dated 12.7.2007 issued by the 2nd respondent - recruitment authority and Deputy Director of Public Instructions, the present writ petition.
Notice had been issued to the respondent, who is represented by Smt. S. Susheela, learned Additional Government Advocate.
Appearing on behalf of the petitioner, Mr. H. Kantharaja, learned Counsel while has drawn our attention to Annexure-A8 produced before the Tribunal along with the application, submits that it was a letter dated 2.3.2007 from the Block Education Officer to the Deputy Director (Administration), Department of Public Instructions, Tumkur District, wherein it is indicated that up to the year 1983, the petitioner had studied in the educational institutions in Turuvekere and that from 9.1.1996 onwards as per the letter from the Chief Officer, Pattan Panchayat, Turuvekere dated 17.2.2007 Turuvekere had become transitory Mandal Panchayat from 9.1.1996 onwards as per the Government Notification No. HUD:64:MLR:95(16) under the provisions of Section 3 of the Karnataka Town Panchayat Act. What is submitted is that Turuvekere place where the petitioner had education up to the year 1983 was to be treated as a rural area and a person who had studied as a rural candidate and studied up to X Standard in this town as definition of ''Rural Candidate'' is one who had studied in a school in an area other than large urban area, small area or transitional area as specified in the Karnataka Municipal Corporation Act, 1976 or Karnataka Municipalities Act, 1964 and the transitional stage itself having been begun only on and after 1976, the writ petitioner/the applicant before the Tribunal, should be necessarily taken to be as a person hailing from rural area and as a rural candidate. In support of his submission, Mr. Kantharaja has placed reliance on a judgment of the Division Bench of this Court in the case of The State of Karnataka Vs. Sri D.R. Prakasha, Sri S.T. Markondiah, Prob. Police Sub-Inspector (Civil) and Sri H.P. Sridhara, Prob. Police Sub-Inspector (Civil), It is submitted that a similar question had arisen as to whether a candidate who had studied in the very town during relevant period can be treated as a rural candidate and it was noticed that prior to the year 1996, Turuvekere was a rural area and the respondent therein being a person who had studied in a school at Turuvekere prior to the year 1996, would necessarily be taken as a rural candidate and therefore, the writ petitioner of the State had come to be dismissed by the Division Bench questioning the order passed by the Tribunal allowing such an application and directing the State to provide employment on such premise to the respondent to the writ petition.
Therefore submits that this writ petition should be allowed, the order passed by the Tribunal should be set aside and so also the order issued by the Deputy Director, Department of Public Instructions, Tumkur be set aside and the respondents be directed to provide an appointment to the petitioner as initially offered by respondent No. 2.
On the other hand, Smt. S. Susheela, learned Additional Government Advocate supported the order of the Tribunal. The learned Additional Government Advocate had taken time to clarify the position particularly as it was noticed by the Tribunal also that Turuvekere was a Municipality during the period between 1952 and 1986, the period during which the writ petitioner had studied in educational institutions in Turuvekere.
However, the learned Additional Government Advocate is not able to throw further light on this aspect. Be that as it may. We find that looking into the definition of a rural candidate, who was a person, who had studied her primary education up to SSLC for the present purpose in the rural area which is other than a large urban area, small urban area or transitional area i.e. the three situations where the area can be considered as not a rural area and that being not the case in the present situation and on the other hand, the Division Bench of this Court in the decision cited above, which is relied upon by the learned Counsel for the petitioner, having already examined this question and having answered that the candidate who had studied in the educational institutions in Turuvekere up to the year 1996 is to be necessarily taken to be a rural candidate and applying the same, we have no choice but to allow this writ petition.
Writ Petition is allowed. Rule is made absolute. The impugned order of the Tribunal dated 3.7.2012 passed in Application No. 4713/2007 is set aside and so also the memorandum bearing No. C3.Pra.ShaShi.Ne/21/2005-06 dated 12.7.2007 (Annexure-13) issued by the 2nd respondent - Deputy Director of Public Instructions (Administration), Tumkur North, Madhugiri, Tumkur District is quashed by issuing a writ of certiorari. The respondents are directed to adhere to the initial offer made in favour of the writ petitioner appointing her as a Teacher giving her a posting at Changavara of Sira Taluk, Tumkur District, but in any other place, if the post is not vacant/available as of now. The appointment order to be issued and the posting be given to the petitioner afresh, within a period of 3 months from today in terms of this order.