Karnataka High Court junks plea against minister Prabhu Chawan

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A Karnataka High Court bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magdum today junked a Public Interest Litigation (PIL) filed against State Cabinet Minister Prabhu Chawan.
The PIL alleged that 2 government teachers were transferred to unrelated departments owing to the proximity to their minister and that their absence is affecting the education of students.

The court on hearing the parties held that in case government servant has been appointed to any other department after following the due procedure, then no wrong can be attributed. The court further noted that the the imparting of education has not been affected in view of their absence. The court thus dismissed the plea as they did not find any good reason to grant indulgence.

GK Bhat, advocate, appearing for the petitioner submitted that a professor of physics by the name Baliram was in an arbitrary manner - given the post of District officer in-charge of minority development in Kalburgi. He further submitted that his proximity to the minister that has lead to him being given the posting.

Bhat further submitted that a teacher by the name of Vittal Ghate was also given work related to minority department. He submitted that the work these teachers did had no connection to their qualification and that they have no experience to work on the post in which they have been appointed and only reason for their appointment is being close to a minister for animal husbandry, minority development. It was further contended that due to their appointment to non teaching posts, their work of teaching is getting affected.

The counsel for the government of Karnataka submitted that it is the discretion of the government to appoint any government servant on deputation in any other department based on various considerations. It was further submitted that there was no illegality in appointing the teachers for this post and that due procedure was followed in doing so. The counsel further submitted that there are enough teachers in the institutions they served in to substitute their post.

 

Case title: Deepak Vs State of Karnataka & Ors