IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION NO.29349 OF 2016 ( S-RES) Between:
Dr. Gandhi Devan Prabhu S/o late Allamaprabhu, Aged 56 years, Associate Professor of Commerce, Seshadripuram Evening College, Bengaluru – 560 020.
And R/at No.149, Madhura Bharath, I Main Road, 1st Stage, Mahaganapathinagar, West of Chord Road, Rajajinagar, Bengaluru – 560 010. …Petitioner (By Sri. Narayana Bhat .M, Advocate) And:
1. State of Karnataka Rep. by its Secretary, Department of Higher Education, M.S. Building, 6th Floor, Bengaluru – 560 001.
2. The Commissioner of Collegiate Education Director of Technical Education Building, II Floor, Palace Road, Bengaluru – 560 001.
3. The Director of Collegiate Education Palace Road, Bengaluru – 560 001.
4. The Joint Director Regional Office, Department of Collegiate Education, Kalidas Road, Bengaluru – 560 009.
5. Seshadripuram Educational Trust Represented by its President, No.27, Nagappa Street, Seshadripuram, Bengaluru – 560 020.
6. Seshadripuram Evening Degree College Rep. by its Principal, No.27, Nagappa Street, Seshadripuram, Bengaluru – 560 020.
7. Wooday P. Krishna General Secretary, Seshadripuram Educational Trust, No.27, Nagappa Street, Seshadripuram, Bengaluru – 560 020.
8. Dr. M. Prakash Director of Studies, Seshadripuram Group of Institutions, No.27, Nagappa Street, Seshadripuram, Bengaluru – 560 020. …Respondents (By Sri. Sreedhar N. Hegde, HCGP for R1 to R4; Sri. Nataraj .R, Adv. for C/R5;
Sri. R. Nataraj, Advocate for R8; Sri. Giridhar & Co., for R5 to R7) This Writ Petition is filed under Article 226 of Constitution of India praying to call for the records pertaining to the case of the petitioner and quash the approval dated 08.12.2015 at Annexure-H1 issued by R- 3 as violative of Articles 14, 16 and 21 of the Constitution of India and etc., This Writ Petition coming on for Orders this day, the Court made the following:-
ORDER In the instant petition, petitioner has sought for the following reliefs:
(a) Issue a writ of certiorari or any other appropriate writ or order or direction quashing the Approval bearing No.Ka.shi.E:319:Dooru/2015-16:Ka.vi. dated 08.12.2015 produced at Annexure-H1 issued by R-3 as violative of Articles 14, 16 and 21 of the Constitution of India;
(b) Issue a writ of certiorari or any other appropriate writ or order or direction quashing the order of penalty bearing No.SET/Vicharane/2548/2015-16 dated 17.12.2015 produced at Annexure-H issued by R-5 holding that the same is violative of Articles 14, 16 and 21 of the Constitution of India;
(c) Issue a writ of certiorari or any other appropriate writ or order or direction quashing the portions of the communication bearing No.SEDC/457/2015-16 dated 22.02.2016 produced at Annexure-M2 issued by R5 SEDC/51/2016-17 dated 06.05.2016 produced at Annexure-M3 issued by R5 in so far as it relates to procuring NOC from the Library of the college as violative of Articles 14, 16 and 21 of the Constitution of India;
(d) Issue a writ of mandamus or any other appropriate writ or order or direction directing the respondents to reinstate the petitioner in his original post and grant him all the consequential benefits such as full salary and arrears of salary and all other benefits to meet the ends of justice;
(e) Grant the petitioner the costs of this proceedings; and (f) Pass such other order or orders as this Hon’ble Court deems fit in the circumstances of the case.
2. Learned counsel for the respondents pointed out that petitioner has statutory remedy of appeal/revision and without exhausting the remedy, he has approached this Court.
3. Hence, petitioner is permitted to avail the statutory remedy of appeal/revision before the appropriate authority within a period of six weeks. In the event of making of such an appeal/revision before the Competent Authority against the impugned orders, the concerned authority is hereby directed to pass suitable orders on appeal/revision petition within a period of three months from the date of receipt of petitioner’s appeal/revision.
4. The concerned authority is hereby directed to condone the delay in respect of period spent by the petitioner in this petition. To that extent, the petitioner is permitted to make necessary application for condonation of delay.
Accordingly, the writ petition stands disposed of.
Sd/- JUDGE MBM/BVK