HC stays appointment of 'dharmadharshis'

By Our Correspondent

BANGALORE, APRIL 1. A Division Bench in the Karnataka High Court on Friday ordered issue of notice to the Commissioner, Hindu Religious and Endowments, and other respondents in a public interest writ petition against the appointment of dharmadharshis of Sri Prasanna Venkataramanaswamy Temple.

The Bench, comprising the Chief Justice, Mr. P.V. Reddy, and Mr. Justice N.K. Patil, passed an interim order that the assumption of office by the respondents, Mr. S.K. Nagaraj and others, be stayed until further orders.

The petitioners, Mr. Hutche Gowda and five others, said they were residents of Kalakere and Chikkathirupathi in Malur taluk and ``seva karthas'' and devotees of Lord Venkateshwara in the Sri Prasanna Venkataramanaswamy Temple. The Deputy Commissioner of Kolar, on a request from the Assistant Commissioner, issued an order on March 8, 2001, appointing Mr. S.K. Nagaraj and others as dharmadharshis of the temple from April 1, for a period of three years.

The petitioners contended that the dharmadharshis did not participate in the activities of the temple which earned an income of Rs. 15.33 lakhs in 2000-2001. They prayed that the appointment be set aside as it was ``illegal and arbitrary''.

The judge passed interim orders to stay, until further orders, the assumption of office by the respondents, and adjourned further hearing of the petition.

Writ pleas disposed of

Mr. Justice G.C. Bharuka and Mr. Justice Sreedhar Rao disposed of a batch of writ appeals filed by Dr. Giridhar Kamalapurkar, Assistant Professor, Sri Jayadeva Institute of Cardiology, Bangalore.

The appeals arose from the orders passed by a Single Judge on October 24, 2000, on a writ petition filed by Dr. Venugopal Rama Rao and others challenging the seniority lists published on August 31, 1999 for the appointment of assistant professors. According to the appellant, 14 assistant surgeons were working in the three departments of the Sri Jayadeva Institute of Cardiology as on October 3, 1991. Through a resolution of the board of appointments on November 30, 1991, and an official memorandum issued by the Director on December 7, 1991, the post of Assistant Surgeon was redesignated as Lecturer.

The judges held that the notification issued by the Director permitting change of cadre of 14 assistant surgeons as lecturers was ultra vires and void. The judges observed that if there was no merger of the cadre of assistant surgeons and lecturers, the combined final seniority lists published on August 31, 1999, were unsustainable in law, and they were rightly quashed by the Single Judge.

The judges ordered that the process of appointments of assistant professors be initiated in accordance with the amended cadre and recruitment rules, through direct recruitment or by inviting applications from eligible candidates including those serving in the institute.

The judges ordered that the institute initiate the process of filling vacancies in the post of Assistant Professor on or before April 30, and complete it not later than May 15.

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