A bench headed by Chief Justice K G Balakrishnan directed the Registrar-General of the Karnataka High Court to permit Neelappa Bover to appear for the headmasters’ examination being conducted by KPSC from February 12, 2008.

“Denying the opportunity to the petitioner to even apply for the post of headmaster will result in causing grave injustice to the petitioner apart from depriving him of his career growth by taking up alternative employment which is available and for which he is fully qualified and eligible,” said Bover’s advocate R S Hegde in an urgent application challenging the order of the High Court.

The vacancies have been notified and the process of recruitment is commencing from February 10, 2008. If the petitioner does not avail of this opportunity he will lose the opportunity to advance in his career, the petition said. Bover, who is working as a Second Division Assistant with the Karnataka High Court, had sought permission to appear for the headmasters’ examination. The headmaster’s post is a Class-II gazetted post.

Staff shortage

The authorities had rejected the application, saying that there was a shortage of staff such as typists and stenographers and if he was permitted it would adversely affect the working of the High Court.
“Against the sanctioned strength of 186, there are only 146 typists working. If 25 of them were permitted to quit, the working of the High Court will be paralysed,” said the order.

Along with Bover, three more High Court clerical staff with BEd degree had sought permission to apply for the posts.

The order of the registry was challenged before the Karnataka High Court. The Chief Justice of Karnataka High Court had rejected the petition in an order on August 14, 2007.

Bover contended that he joined the services in 1999 and had completed the mandatory five years and there was no restriction in applying for other jobs or changing the job.