Karnataka HC allows state govt to proceed with primary teachers’ recruitment

Bengaluru: The high court has permitted Karnataka government to proceed with the appointment process of graduate primary school teachers across 35 educational districts in the state.

A division bench, comprising Chief Justice Prasanna B Varale and Justice M G S Kamal, passed the order while partly allowing the appeals filed by the government and some of the aspirants.

“Considering imminent requirement and large vacancy across the state and in the interest of the students of 6 to 8 standards who are left high and dry for want of teachers, we are of the considered view that the respondent-state be permitted to proceed with appointing teachers from 13,352 selected candidates as per the list dated March 8, 2023,” the bench said.

On February 22, 2022, the government issued a notification for selection of teachers for classes 6 to 8. On November 18, 2022, a provisional list was released and some of the candidates challenged the rejection of their caste-cum-income certificates on the grounds that though they were married, their certificates had been issued in the name of their father.

A single judge had directed the state to redo the selection list.

The single judge had directed the government to consider the applications of the petitioners on the basis of caste and income certificates of the parents and not those of their spouse and as belonging to their respective categories against which they have applied for. The selection list was published on March 8, 2023, subsequent to the single judge order.

The division bench set aside the order of the single judge noting that since the issue involved was pertaining to recruitment to civil posts, the Karnataka State Administrative Tribunal was the remedy available to the aggrieved candidates and hence the single bench should not have entertained the petitions.

The bench made it clear that since the list was published by considering the income certificate of both husband and parents, as well as on merit-cum-roster, the appointment of those who have not submitted the caste cum-income-certificate in the form prescribed (Form F) and which is not in terms of government order dated December 12, 1986 (on husband’s income), and who are included in the list in view of the order passed by the single judge be deferred until the outcome of the result of the challenge before  the tribunal.

“As regards to remaining 451 posts, since it is contended that their names have been excluded purely on the merit basis, it is clarified that if in the event the eligibility of such candidates who have not furnished the caste cum income certificate in the prescribed form is held to be invalid, such posts may be filled from amongst the candidates who have been excluded on merits and the candidates who have submitted certificates in the prescribed form,” the bench said.