IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION NO.6687 OF 2017 (S-RES) Between:
Sri. Arun Kumar N.P. S/o Puttarajappa Gowda, Aged about 37 years, Working as Head Master, Sri. Umamaheshwara Rural High School, Mavali, Soraba Taluk, Shivamogga District – 577 429. (By Sri.Padmanabha .R, Advocate) And:
1. The State of Karnataka, Represented by its Principal Secretary, Department of Education, (Primary and Secondary) M.S. Building, Bengaluru – 560 001.
…Petitioner 2. The Director for Public Instructions (Secondary Education), Office at Commissioner for Public Instructions, New Public Offices Building, Nrupathunga Road, Bengaluru – 560 001.
3. The Deputy Director of Public Instructions Shivamogga District, Shivamogga – 577 201.
4. The Block Education Officer Soraba Taluk – 577 429, Shivamogga District.
5. The Secretary Sri. Umamaheshwara Rural Vidyavardhaka Sangha (R), Mavali – 577 429, Soraba Taluk, Shivamogga District.
6. Sri. Ramachandra S.J. S/o Shivappa, Aged about 37 years, Working as Assistant Teacher, Sri. Umamaheshwara Rural High School, Mavali, Soraba Taluk, Shivamogga District – 577 429. …Respondents (By Sri. Sreedhar N. Hegde, HCGP for R1 to R4; Sri. D.C. Parameshwaraiah, Adv. for R5 & R6) This Writ Petition is filed under Articles 226 and 227 of Constitution of India, praying to declare the Government Circular dated 28.02.2006 and Government Order dated 09.05.2007 vide Annexures-H and J respectively, issued by R-1, as unenforceable, invalid and last its efficacy in view of the judgments rendered in W.P. 19431/2005 dated 13.10.2006, W.A.848/2009 dated 03.11.2009 and SLP. 22176/2010 dated 21.08.2013 vide Annexures-K, L and M respectively and consequently quash the impugned memorandum dated 16.01.2017 (27.01.2017) vide Annexure-G issued by R-3 and etc., This Writ Petition coming on for Orders, this day, the Court made the following:-
ORDER Learned counsel for the State submitted that petitioner has statutory remedy in respect of impugned order dated 16.01.2017 (Annexure-G).
2. Petitioner has rushed to this Court without exhausting the remedy of appeal. Accordingly, petitioner is permitted to avail the statutory remedy of appeal within a period of four weeks from today. Thereafter, Appellate Authority is hereby directed to consider the petitioner’s appeal within a period of three months from the date of receipt of petitioner’s appeal.
With the above observations, writ petition stands disposed of.
MBM/-
Sd/- JUDGE