IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.55171 OF 2018(S-RES) BETWEEN THE BOARD OF MANAGEMENT OF BISHOP COTTON WOMEN’S CHRISTIAN COLLEGE, NO 19, III CROSS, CSI COMPOUND, BENGALURU 560027 REPRESENTED BY ITS CHAIRMAN RT REV PRASANNA KUMAR SAMUEL (BY SRI B M ARUN, ADVOCATE ) AND 1. DR K VIJAYALAKSHMI D/O LATE V KRISHNAMURTHY, AGED ABOUT 56 YEARS, RESIDING AT NO 34, 9TH CROSS, SIR M V NAGAR, KALKERI MAIN ROAD, RAMAMURTHY NAGAR, BENGALURU - 560016 2. THE PRINCIPAL BISHOP COTTON WOMEN’S CHRISTIAN COLLEGE NO 19, III CROSS, ... PETITIONER CSI COMPOUND, BENGALURU – 560027 ... RESPONDENTS (BY SRI M M SWAMY, ADVOCATE FOR R1 NOTICE TO R2 DISPENSED WITH VIDE ORDER DTD:12/12/18) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD:4.12.2018 PASSED ON IA NO.II IN MA[EAT] NO.6/2017 BY THE XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE [CCH-32] AND KARNATAKA EDUCATIONAL APPELLATE TRIBUNAL, BANGALORE VIDE ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
The respondent No.1 was appointed as a Lecturer in Tamil department of the respondent No.2 – institution. The petitioner - Board of Management, on 09.06.2017 having felt that the Tamil Department of the respondent No.2 - institution had become redundant, resolved to close the department and relieve the respondent No.1 from her duties with immediate effect. The decision of the Board was communicated to the respondent No.1.
2. The respondent No.1 challenged the order of termination by filing an appeal before the Education Appellate Tribunal. It is submitted by the learned counsel for the petitioner that the Board of Management was not arrayed as a party before the Tribunal. However, the respondent No.2 institution alone was arrayed as respondent in the appeal. It is further submitted that the petitioner – Board of Management thereafter was impleaded as party respondent before the Tribunal. However, on an application made by the respondent No.1, the interim order of stay of termination was issued by the Tribunal by order dated 04.12.2018, which is the subject matter of this writ petition.
3. Learned counsel for the respondent No.1 submits that he has no objection if this petition is allowed while setting aside the impugned order, subject to direction being issued by this Court to the Education Appellate Tribunal to go on with the matter and dispose of the same at the earliest.
4. In that view of the matter, the impugned order dated 04.12.2018 is hereby set aside. However, the Education Appellate Tribunal is directed to dispose of the appeal in M.A.(EAT) No.6/2017 on the file of the XX Addl. City Civil and Sessions Judge (CCH 32), within a period of three months from the date of receipt of copy of this order.
The parties are also directed not to seek unnecessary adjournments and to see that directions issued by this Court are complied with. The writ petition is accordingly disposed of.
KLY/ SD/- JUDGE