IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.24471/2018 (EDN – RES) BETWEEN:
SRI BIDIRAMBIKA VIDYA SAMSTHE No.1065, JNANA BINDU NILAYA SHADAKSHARA MATHA BADAVANE TIPATURU TALULK TUMAKURU-572201 REP. BY ITS SECRETARY SRI N.B.KANTHARAJU. …PETITIONER (BY SRI S.S.PARIKSHIT, ADV. FOR SRI S.N.BHAT, ADV.) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF EDUCATION M.S. BUILDING, BENGALURU-560001.
2. DIRECTOR DEPARTMENT OF PRE-UNIVERSITY 18TH CROSS, MALLESHWARA BENGALURU-560003.
3. THE TAHASILDAR TIPATURU TALUK, TIPATURU TUMAKURU DISTRICT-572201. …RESPONDENTS (BY SMT.PRAMODHINI KISHAN, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 17.03.2018 PASSED BY THE FIRST RESPONDENT AT ANNEXURE-D; AND ETC., THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has assailed the order dated 17.03.2018 passed by the first respondent issued under Section 67 of the Karnataka Education Act, 1983 [‘Act’ for short] whereby the Special Officer has been appointed to manage the petitioner – Educational Institution.
2. Learned Additional Government Advocate would point out that by virtue of the period of one year contemplated under Section 67 of the Act, by efflux of time the writ petition has become infructuous. It is further submitted that no order has been passed by the State Government in terms of second Proviso to Section 67 of the Act for extending the period of one year and to continue the Special Officer to manage the petitioner – Educational Institution.
In view of the aforesaid, writ petition stands dismissed as having rendered infructuous with liberty to the petitioner to approach this Court if the need arises.
In view of dismissal of the writ petition, all the pending I.As stand dismissed.
Sd/- JUDGE NC.