Appanna Talawar S/O Kalmesh Talawar vs. The State Of Karnataka

Facts

The petitioners, 16 private school teachers, filed a writ petition seeking a mandamus directing the respondent State Government departments to consider their representations dated October 4, 2021. Their primary prayer was for the State to fill backlog vacancies for Scheduled Castes, Scheduled Tribes, and Backward Classes. During the proceedings, the Court noted that a Cabinet Sub-committee had issued directions to fill these vacancies and had also directed the Finance Department to withdraw sanctions that restricted such filling. The Additional Chief Secretary, Finance Department, filed an affidavit stating that the Finance Department had concurred in filling 594 backlog posts, despite previous recruitment halts due to the Covid-19 pandemic and the State's deteriorating fiscal position. The affidavit also mentioned criteria for filling backlog vacancies in Aided Educational Institutions.

Held

The Court held that the respondent-State Government had responded positively to the petitioners' grievance. This conclusion was based on the affidavit filed by the Additional Chief Secretary, Finance Department, which detailed the concurrence in filling 594 backlog posts, and an earlier affidavit by the Secretary to the Social Welfare Department. The Court found that the Finance Department was approving the filling of backlog vacancies as per the directions of the Cabinet Sub-committee, even though recruitment had been halted previously due to the Covid-19 pandemic and the State's fiscal position. The Court directed the State Government, particularly the Social Welfare Department, to ensure that backlog vacancies pertaining to Scheduled Castes, Scheduled Tribes, and Backward Classes are filled expeditiously, taking into account the clearance provided by the Finance Department.

Key Issues

1. Whether the State Government has responded positively to the petitioners' grievance regarding the filling of backlog vacancies for Scheduled Castes, Scheduled Tribes, and Backward Classes, considering the directions issued by the Cabinet Sub-committee and the Finance Department's affidavit. (Question of fact and law) Petitioner's contention: The petitioners sought a writ of mandamus to compel the State to consider their representations and fill backlog vacancies. They relied on the fact that the Cabinet Sub-committee had already directed the filling of these posts. Revenue/State's contention: The State, through the affidavit filed by the Additional Chief Secretary, Finance Department, indicated that the Finance Department had concurred in filling 594 backlog posts as per the Cabinet Sub-committee's directions, despite financial constraints. They also outlined criteria for filling such posts in aided educational institutions.