Karnataka High Court
Credit: DH Photo
Bengaluru: The high court has said that the authorities are duty-bound to act in strict conformity with the Karnataka Pre-University Education (Appointment on Compassionate Grounds) (Amendment) Rules, 2010, while considering a legitimate claim for compassionate appointment.
Justice Suraj Govindaraj said this while directing the Deputy Director of Pre-University Education to reconsider the application filed by the petitioner for compassionate appointment.
The petitioner Santosh Yamanappa Wadakar’s father was working as a First Grade Assistant (FDA) at Adarsh Composite Pre-University College, Bevoor in Bagalkot District, an aided institution.
After his father passed away while in service on November 18, 2009, Santosh filed an application to the Chairman of Adarsh Vidya Vardhaka Sangha, which was forwarded to the Deputy Director of Pre-University Education.
The application was rejected solely on the ground that there was no vacancy in the institution where the deceased employee was working.
Challenging this rejection, the petitioner submitted that rejecting the application solely on the ground of non-availability of vacancy in the specific institution is contrary to the 2010 Rules.
After perusing Clause 1(a) and (b) of the 2010 Rules, Justice Suraj Govindaraj said that in case a vacancy is not available in the private aided institution, the Deputy Director is first required to identify vacancies in any aided pre-university institution within the district, and in the absence of such vacancy, the Director must identify and allocate a vacancy anywhere within the State.
“In the present case, the petitioner’s application has been rejected solely on the ground that no vacancy exists in the institution where his father was working. This rejection is in clear contravention of the mandate under Clause 1(a) and (b) of the Rules 2010,” the court said, adding that the authorities are duty-bound to act in strict conformity with the Rules.
The court further said that if no such vacancy is available in the district the matter will be escalated to the Director, so as to enable him to identify the vacancy within the State for such appointment. The court has directed the authorities to complete the exercise within eight weeks.