Mrs. Jayashree vs the State of Karnataka

Mrs. Jayashree vs The State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Apr 28, 2025

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Citation: sooperkanoon.com/1663519
Court: Karnataka Orders High Court
Judge: R. Nataraj
Decided On: Apr 28, 2025
Case Number: WP/5419/2025

Parties & Advocates

Appellant / Petitioner

Mrs. Jayashree

Respondent

The State of Karnataka

Excerpt

.....articles 226 and 227 of the constitution of india praying to quash notification dated 02.01.2025 bearing no.ka shi e/ne vi-1/a u aa/99/202425 issued by the respondent no.2 as per annexure-g as illegal and void and etc.this petition, coming on for orders, this day, orderwas made therein as under: -3- coram: hon'ble mr justice r. natarajoral orderthe petitioners are all teachers employed on contract basis at the government first grade college, humnabad, bidar district. they have sought for a writ in the nature of certiorari to quash a notification dated 02.01.2025 inviting applications from eligible candidates for the post of teachers. they have sought for a writ in the nature of mandamus to declare the action of the respondent nos.1 to 5 as contrary to the law as declared in the case of manish gupta and another vs. president jan bhagidari samithi and others [2022 scc online sc 485] and they have also sought for a writ in the nature of mandamus not to discontinue their services as guest lecturers.2. the office has raised an objection regardingmaintainability of this writ petition before the principal bench of this court, as the petitioners are all working as lecturers at government first grade college, humnabad, bidar district and that the petitioners were bound to file the petition before the bench at kalaburagi. -4-3. the learned counsel for the petitioners submits thatthe respondents are all residing at bengaluru and therefore, the writ petition is maintainable at the principal bench, bengaluru. she also contends that various writ petitions filed on similar grounds are pending before the principal bench, bengaluru.4. the benches at kalaburagi and dharwad areestablished for the purpose of division of work of the high court. therefore, the petitioners ought to have approached the bench at kalaburagi. no doubt, the principal bench, bengaluru could entertain this writ petition, but yet in order to maintain the self imposed restraints by the court, this writ.....

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 5419 OF 2025 (S-RES) BETWEEN:
1. MRS. JAYASHREE D/O LATE SHANKAR RAO PATIL AGED ABOUT 48 YEARS
2. SMT. SANGEETHA S W/O. MRITYUNJAYA AGED ABOUT 39 YEARS
Digitally   3.    MRS. JYOTHI
signed by         D/O. MAHADEVAPPA PATIL
SUMA              AGED ABOUT 50 YEARS
Location:         WORKING AS GUEST LECTURER
HIGH
COURT OF          IN COMPUTER SCIENCE
KARNATAKA         GOVERNMENT FIRST GRADE COLLEGE
            4.    MRS. GANGADEVI
D/O. KARABASAYYA AGED ABOUT 38 YEARS IN COMPUTER SCIENCE HUMANABAD-585330, BIDAR DIST. …PETITIONERS (BY SMT. SHILPA RANI, ADVOCATE) -2- AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY VIDHANA SOUDHA BENGALURU-560001
2. THE COMMISSIONER NO.30, PRASANNAKUMAR BLOCK BENGALURU CENTRAL UNIVERSITY CAMPUS Y. RAMACHANDRA ROAD, GANDHINAGAR BENGALURU-560009.
3. THE JOINT DIRECTOR COLLEGIATE EDUCATION BENGALURU ZONE BENGALURU-560001.
4. THE UNIVERSITY GRANT COMMISSION (UGC) REPRESENTED BY ITS CHAIRMAN BHADUR SHAH ZAFAR MARG NEW DELHI-110000.
5. THE GOVERNMENT FIRST GRADE COLLEGE
HUMNABAD-585330 BIDAR DISTRICT …RESPONDENTS (BY SRI. SHIVAPRABHU S. HIREMATH, ADDITIONAL GOVERNMENT ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH NOTIFICATION DATED 02.01.2025 BEARING NO.KA SHI E/NE VI-1/A U AA/99/202425 ISSUED BY THE RESPONDENT NO.2 AS PER ANNEXURE-G AS ILLEGAL AND VOID AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER

WAS MADE THEREIN AS UNDER: -3- CORAM: HON'BLE MR JUSTICE R. NATARAJ

ORAL ORDER

The petitioners are all teachers employed on contract basis at the Government First Grade college, Humnabad, Bidar district. They have sought for a writ in the nature of certiorari to quash a notification dated 02.01.2025 inviting applications from eligible candidates for the post of teachers. They have sought for a writ in the nature of mandamus to declare the action of the respondent Nos.1 to 5 as contrary to the law as declared in the case of Manish Gupta and another Vs. President Jan Bhagidari Samithi and others [2022 SCC Online SC 485] and they have also sought for a writ in the nature of mandamus not to discontinue their services as guest lecturers.

2. The office has raised an objection regarding

maintainability of this writ petition before the Principal Bench of this Court, as the petitioners are all working as lecturers at Government First Grade College, Humnabad, Bidar district and that the petitioners were bound to file the petition before the Bench at Kalaburagi. -4-

3. The learned counsel for the petitioners submits that

the respondents are all residing at Bengaluru and therefore, the writ petition is maintainable at the Principal Bench, Bengaluru. She also contends that various writ petitions filed on similar grounds are pending before the Principal Bench, Bengaluru.

4. The benches at Kalaburagi and Dharwad are

established for the purpose of division of work of the High Court. Therefore, the petitioners ought to have approached the Bench at Kalaburagi. No doubt, the Principal Bench, Bengaluru could entertain this writ petition, but yet in order to maintain the self imposed restraints by the Court, this writ petition deserves to be transferred to the bench at Kalaburagi.

5. Consequently, the office is directed to transfer this

writ petition to the bench at Kalaburagi. For statistical purpose, the writ petition is treated as closed in the Principal Bench, Bengaluru. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 16

Same Court & Year Karnataka Orders · 2025 Same Parties Mrs. Jayashree vs The State of Karnataka Same Judge R. Nataraj