Pre-University Education Rules | Denying Compassionate Appointment For Want Of Vacancy In Deceased's Institution Illegal: Karnataka High Court

The Karnataka High Court set aside an order passed by Pre-University Education department which had rejected a compassionate appointment plea filed by the son of a deceased employee of a Pre-University solely on the ground that there was no vacancy in the institution where the deceased was working.

In doing so the court held that the rejection was in contravention to the state Pre-University Education (Academic, Registration, Administration, Grant-in-aid etc.) (Amendment) Rules, and the respondent-authority must strictly follow the rules while deciding such a plea.

Allowing the plea filed by Santosh Yamanappa Wadakar Justice Suraj Govindaraj perused Clause 1(a) and (b) 2010 Rules and said that the same indicated that the compassionate appointment is firstly required to be made in the private aided educational institutions imparting Pre-university Education where the deceased employee has worked.

It noted that as per the provisions, in case a vacancy is not available in the private aided educational institutions imparting Pre-university Education, where the deceased employee has worked, Deputy Director is first required to identify vacancies in any aided pre-university institution within the district. In the absence of such vacancy, the Director must identify and allocate a vacancy anywhere within the State.

The court said,

"In the present case, the petitioner's application has been rejected solely on the ground that no vacancy exists in the institution where his father was working. This rejection is in clear contravention of the mandate under Clause 1(a) and (b) of the Rules 2010. The respondents are duty-bound to act in strict conformity with the Rules while considering the petitioner's legitimate claim for compassionate appointment". 

Setting aside the rejection order, the court remitted the matter to Deputy Director of Pre-University Education to reconsider the petitioner's application for compassionate appointment by identifying the vacancy within the district where the deceased worked.

"If no such vacancy is available, to escalate the matter to the Director, so as to enable him to identify the vacancy within the State for such appointment," the high court added

Petitioner's father used to work as First Grade Assistant, in Adarsh Composite Pre-University College, Bevoor, Bagalkot District, an aided institution. Pursuant to his demise, the petitioner submitted an application for compassionate appointment to Respondent No. 5- Chairman of Adarsh Vidya Vardhaka. The said application was forwarded to Respondent No. 4 – Deputy Director of Pre-University Education, who rejected the application.

The petitioner argued that the Deputy Director is required to not only consider vacancies in the deceased's institution but also in any aided private pre-university institution within the district. In the event no such vacancy exists, the Director is required to identify a vacancy anywhere in the State.

Appearance: Advocate Ankit Ramesh Desai for Petitioner.

HCGP P N Hatti for R1 to R7.

Citation No: 2025 LiveLaw (Kar) 264

Case Title: Santosh Yamanappa Wadakar AND State of Karnataka & Others

Case No: WRIT PETITION NO.103894 OF 2025

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