Karnataka High Court rules that compassionate employment cannot be denied solely due to lack of vacancies in a specific aided college. The court directs authorities to find vacancies in other aided colleges and offer them to eligible applicants.
Bengaluru: The Karnataka High Court has delivered a significant ruling in favour of compassionate employment applicants, stating that such employment cannot be denied solely due to lack of vacancies in a specific aided college. The court emphasised that the authorities must explore vacancies in other aided colleges across the state and offer them to eligible applicants. This decision comes as a relief to many who have faced similar rejections despite being eligible under compassionate employment provisions.
Background Of The Case
Yamanappa Vadakar had applied for compassionate employment following the death of his father, who served as a First Division Assistant (FDA) at the government-aided Adarsh PU College in Bagalkote. The Pre-University Education Department initially rejected his application, citing the lack of vacancies in the institution where his father had worked.
Legal Challenge And High Court Intervention
Challenging the rejection, Yamanappa filed a petition which was heard by Justice Suraj Govindaraj. The High Court ruled that applications for compassionate employment cannot be dismissed solely due to vacancy constraints. The court directed the department to identify vacancies in other aided colleges and extend the opportunity to the applicant. Consequently, the department’s rejection order was quashed.
Case Details And Department Response
The petitioner’s father was employed under the Adarsh Vidyavardhaka Sangha at the Adarsh Composite Pre-University College in Bevur, Bagalkote district. After his demise, Yamanappa submitted his application for compassionate appointment to the Sangha president, who forwarded it to the Deputy Director of Pre-University Education. Upon reviewing, the department denied the request, citing no available vacancies. The High Court’s ruling now ensures that compassionate employment provisions are upheld, and applicants are not unfairly denied due to administrative vacancy limitations.