The High Court of Karnataka has permitted the State government to appoint 12,901 teachers from among 13,352 selected candidates from the provisional selection list for the post of graduate primary teacher for classes VI to VIII in government and aided educational institutions.
However, the court said the appointment of the remaining 451 candidates, who have not submitted the caste-cum-income certificate in the prescribed form in terms of the 1986 Government Order but were included in the provisional selection list, be deferred till the outcome of the result of the pleas by the Karnataka State Administrative Tribunal (KSAT).
A Division Bench comprising Chief Justice Prasanna B. Varale and Justice M.G.S. Kamal passed the order on Thursday while partly allowing a batch of appeals filed by a group of candidates. Appellants had challenged the order passed in January by a single judge, based on the petitions filed by another group of candidates over the issue of the process adopted on considering caste-cum-income certificate for selection to the posts.
Peculiar situation
“We make it clear that this provision enabling the State government to proceed with the process of appointment is made under the peculiar fact situation of the matter wherein the present litigation has brought the process of appointment of teachers of classes VI to VII across the State to a grinding halt only on account of rejection of application of some of the candidates by the Deputy Directors of Public Instruction for want of caste-cum-income certificate in the prescribed form,” the Bench observed.
While setting aside the single judge’s order on the ground that the petitions could not have been maintained by the High Court as the candidates had alternative remedy before the KSAT, the Bench asked the petitioners, who had filed petitions before the single judge, to approach the KSAT on their grievance over the norms adopted to consider caste-cum-income certificate.
From provisional selection
However, the Bench said that it had permitted the government to go ahead with the process of appointment of candidates from the provisional selection list announced on March 8, 2023, considering the imminent requirement of teachers in the interest of the students of classes VI to VII, who are left high and dry for want of teachers.
In the event the eligibility 451 candidates, who have not furnished the caste-cum-income certificate in the prescribed form, is held to be invalid by the KSAT, such posts may be filled from among the candidates who have been excluded from merits and who have submitted certificate in the prescribed form, the Bench said.
