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Allow compassionate appointments in private PU colleges: Karnataka HC to State
Allow compassionate appointments in private PU colleges: Karnataka HC to State

New Indian Express

time3 days ago

  • Politics
  • New Indian Express

Allow compassionate appointments in private PU colleges: Karnataka HC to State

BENGALURU: The Karnataka High Court said the deputy director has to identify vacant posts in private aided pre-university colleges if there are no vacancies in the institution where the deceased employee was working to grant a compassionate appointment to legal heirs. If vacancies are not available within the district, the issue has to be escalated to the director, who is duty-bound to identify and fill vacancies in institutions anywhere in the state, the court added. Justice Suraj Govindaraj passed the order, quashing the endorsement dated September 20, 2024, issued by the School Education Department, rejecting the application filed by the petitioner, Santhosh Yamanappa Wadakar, from Bagalkot district. The rejection was solely on the ground that there was no vacancy at the private aided institution where his father was working. The court has now referred the matter to the Deputy Director of Pre-University Education. The petitioner's father, working as a first-grade assistant in Adarsh Composite PU College in Bevoor of Bagalkot district, passed away in 2009 while in service. The petitioner applied for a compassionate appointment to the chairman of Adarsh Vidya Vardhaka Sangha, which was forwarded to the Deputy Director, who rejected it. It was also endorsed by the joint director of Pre-University Education. The petitioner's counsel argued that the deputy director was required to not only consider vacancies in the institution of the deceased, but also in any institution within the district, as per the Karnataka Pre-University Education (Appointment on Compassionate Grounds) (Amendment) Rules, 2010. If no vacancy exists, the deputy director is required to identify a vacancy anywhere in the state.

Compassionate appointment can be made in any aided PU college across State: Karnataka High Court
Compassionate appointment can be made in any aided PU college across State: Karnataka High Court

The Hindu

time4 days ago

  • Politics
  • The Hindu

Compassionate appointment can be made in any aided PU college across State: Karnataka High Court

The High Court of Karnataka has said that application for compassionate appointment in an aided pre-university college cannot be rejected straight away merely for the reason that there is no vacancy in the college where the deceased employee was working prior to the death, when the rules clearly allow appointment on compassionate grounds anywhere in the State based on circumstances. Justice Suraj Govindaraj passed the order while setting aside an endorsement issued by the Deputy Director, School Education Department in September 2024 rejecting an application filed by petitioner, Yamanappa Wadakar of Bagalkot for appointment on compassionate grounds after the death of his father, who was working as a First Grade Assistant Adarsh Composite PU College, Bagalkot. Petitioner's application was rejected merely on the ground that no vacancy was available in the college where petitioner's father was employed. What rules say On perusing the provisions of the Karnataka Pre-University Education (Academic, Registration, Administration, Grant-in-aid etc.) (Amendment) Rules, 2010, the court noted that the rules very specifically makes provisions for appointment on compassionate grounds when there is no vacancy in the aided college in which deceased employee was working. The rules, the court pointed out that, clearly states that the deputy director for PU education should finding out vacancy available in other aided PU colleges in the same district when no vacancy is available in the college where the deceased employee was working. Further, the court noted that the rules has also provision for considering the persons eligible for compassionate appointment in an aided PU colleges situated anywhere across the State when no vacancy available both the college in which deceased employee worked and in any other aided colleges situated within that district. Duty-bound to act Stating the rejection of petitioner's application is in clear contravention of the mandate under the Rules, 2010, the court said that the authorities concerned are duty-bound to act in strict conformity with the rules while considering the petitioner's legitimate claim for compassionate appointment.

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