- 1 - NC: 2025:KHC:5418 WP No. 21814 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 21814 OF 2023 (S-RES) BETWEEN: PRATAP KUMAR S/O. ABRAHAM, AGED ABOUT 55 YEARS, OCCUPATION: PEON, H.K.E. SOCIETY (REG.) VEERANADRA PATIL DEGREE COLLEGE, SADASHIVANAGAR, BENGALURU-560 080. …PETITIONER (BY SRI. SHIVANANDA D. S., ADV.) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION (HIGHER), M.S. BUILDING, BANGALORE-560 001. 2. THE COMMISSIONER OF COLLEGIATE EDUCATION PALACE ROAD, BENGALURU-560 009. 3. THE DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION 18TH CROSS, MALLESHWARAM, SAMPIGE ROAD, BENGALURU-560 003. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5418 WP No. 21814 of 2023 4. THE JOINT DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION, OFFICE OF THE COMMISSIONER, COLLEGIATE EDUCATION, BENGALURU-560 001. 5. THE PRINCIPAL H.K.E. SOCIETY (REGD), SRI. VEERENDRA PATIL DEGREE COLLEGE, SADASHIVANAGAR, BENGALURU-560 080. …RESPONDENTS (BY SRI.B.J. ESHWARAPPA, AGA FOR R1 TO R4 R5 IS SERVED) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 23.08.2023 PASSED BY THE R2, AS PER ANNEXURE-N, IN NO.KA SHI EE/66/RI.PI/2021-22/BEM VI/NE VI-2; DIRECT THE R2 TO APPROVE THE APPOINTMENT OF THE PETITIONER AS A PEON OF R5 COLLEGE WITH AID TAKING INTO CONSIDERATION OF THE LETTER OF THE R4 DATED 30.05.2007, 07.06.2007 AND THE RECOMMENDATION DATED 28.07.2023 ISSUED BY R4 PRODUCED AT ANNEXURE-C AND M RESPECTIVELY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:5418 WP No. 21814 of 2023 ORAL ORDER The petitioner, claiming to be working as Peon in the fifth respondent-College is before this Court questioning the endorsement bearing No.PÁ²E/66/j.¦/2021- 22/¨ÉA«/£Éë-2 dated 23.08.2023 (Annexure-N) wherein his request for approval of his appointment as Peon in the fifth respondent-College is rejected. The petitioner has also further sought for a writ of mandamus directing the second respondent to approve the appointment of the petitioner as a Peon in the fifth respondent-College with aid. 2. Heard the learned counsel Sri.Shivananda.D.S., for petitioner and learned Additional Government Advocate Sri.B.J.Eshwarappa for respondent Nos.1 to 4. Perused the writ petition papers. 3. Learned counsel for the petitioner would submit that in terms of Annexure-A, order of appointment dated - 4 - NC: 2025:KHC:5418 WP No. 21814 of 2023 21.02.1994, the petitioner was appointed on temporary basis as Peon in the fifth respondent-College and continued till this date. Learned counsel would submit that the fifth respondent forwarded the proposal for approval of petitioner’s appointment and the Director – third respondent herein had communicated to the fifth respondent-College under letter dated 08.07.2003 and 12.08.2003 that the appointment was illegal since the vacancy reserved for ST candidate cannot be filled up by appointing a General Merit candidate. The said communication was the subject matter of Appeal No.27/2003 before the first respondent. The first respondent under Order dated 14.11.2005 (Annexure-B) rejected the appeal. Thereafter, again the fifth respondent-College forwarded the proposal for approval of petitioner’s appointment under Annexure-C dated 30.05.2007 and the third respondent forwarded the proposal to the second respondent. Learned counsel for the petitioner would submit that though the third respondent recommended for approval of the appointment - 5 - NC: 2025:KHC:5418 WP No. 21814 of 2023 of the petitioner, under impugned endorsement dated 23.08.2023, the proposal for approval of petitioner’s appointment is rejected. 4. Learned counsel would submit that apart from the reason that against a post reserved for ST candidate, no General Merit candidate could be appointed, the Endorsement also indicates that the vacant and unapproved posts of non-teaching staff as on 01.03.2001 shall be permanently unaided. Any vacancies in the non- teaching posts which has arisen after 01.03.2001 on account of retirement, resignation, removal, dismissal and death etc., are to remain permanently unaided. Such vacancies which are unaided shall be filled by the management and salary and other allowances shall be paid from its own resources. Learned counsel would submit that the said provision is held to be prospective and he further submits that the vacancy of the petitioner is of the year 1994 when he was appointed as such. Learned counsel inviting attention of this Court to - 6 - NC: 2025:KHC:5418 WP No. 21814 of 2023 Annexure-C, submits that the third respondent has clarified that there is no backlog post in the fifth respondent-College and in all the earlier appointments are filled up from the candidates belonging to SC/ST. Thus, he submits that rejection of proposal of appointment of the petitioner for approval is wholly arbitrary and unreasonable. Thus, he prays for allowing the writ petition. 5. Learned Additional Government Advocate for respondent Nos.1 to 4 would submit that the petitioner is a General Merit candidate and the post of Peon in the fifth respondent-College against which, petitioner is appointed was meant for SC/ST candidates. Learned Additional Government Advocate submits that since the petitioner’s appointment is against a post meant for SC/ST candidates, the Government has rightly rejected the proposal for approval of petitioner’s appointment. Moreover, he submits that rejection of approval of petitioner’s appointment has become final under the first respondent’s order dated 14.11.2005 in Appeal No.27/2003. Thus, - 7 - NC: 2025:KHC:5418 WP No. 21814 of 2023 learned Additional Government Advocate would pray for dismissal of the writ petition. 6. Annexure-A dated 21.02.1994 of the fifth respondent-College indicates that the petitioner was appointed temporarily as Peon in the fifth respondent- College. The proposal forwarded by fifth respondent- College for approval of petitioner’s appointment to the competent authority was rejected under Communication dated 08.07.2003 and 12.08.2003 on the ground that since the vacancy was reserved for ST candidate and the same cannot be filled by appointing a General Merit candidate. The said Communication was the subject matter of Appeal No.27/2003 before the first respondent. The first respondent under order dated 14.11.2005 rejected the appeal with an observation that the post reserved for SC/ST candidates, if it cannot be filled by a person belonging to that category, will have to be left vacant and filled again at the time of the next recruitment as a backlog vacancy. Further it is stated that there is no - 8 - NC: 2025:KHC:5418 WP No. 21814 of 2023 provision for filling up by General Merit candidate. The said order has become final and binding on the parties. Subsequently, the proposal forwarded by the fifth respondent-College and also the request of the petitioner for approval of his appointment is rightly rejected under endorsement dated 08.07.2023. 7. The approval of appointment of petitioner sought is in a Pre-University College, to which, the Karnataka Pre-University Education (Academic, Registration, Administration and Grant-in-Aid, etc.) Rules, 2006 (for short “2006 Rules”) would be applicable. Rule 15 of 2006 Rules requires the Management while recruiting teaching and non-teaching staff to comply with the reservation roster for filling-up of post by direct recruitment or by promotion to the extent and in a manner specified by Government from time to time whenever it is applicable. Rule 17 of 2006 Rules requires that a Managing Committee to notify a vacancy after obtaining - 9 - NC: 2025:KHC:5418 WP No. 21814 of 2023 prior permission from the Director of Pre-University Education. 8. There is no merit in the writ petition and accordingly, the writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 39