IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.12433/2016 (EDN-RES) BETWEEN:
SRI BYRAVESHWARA VIDYA SAMSTHE (R) BARAGURU HANDPOST, DANDIGANAHALLY HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573116 BY ITS SECRETARY SRI SHIVASHANKAR B.H., AGED ABOUT 56 YEARS. ... PETITIONER (BY SRI.K.V. NARASIMHAN, ADVOCATE ) AND:
1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION VIDHANA SOUDHA BENGALURU-560001.
2. DIRECTOR SECONDARY EDUCATION OFFICE OF THE COMMISSIONER DEPARTMENT OF PUBLIC EDUCATION NRUPATHUNGA ROAD BENGALURU-560001.
3. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS HASSAN DISTRICT HASSAN-573201.
4. BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC EDUCATION CHANNARAYAPTNA TALUK HASSAN DISTRICT-573116.
5. COMMISSIONER DEPARTMENT OF PUBLIC EDUCATION NRUPATHUNGA ROAD BENGALURU-560001. ... RESPONDENTS (BY SMT. PRAMODHINI KISHAN, AGA FOR RRESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE ORDER AT ANNEXURE-D DATED 01.08.2015 PASSED BY R2 AND ENDORSEMENT AT ANNEXURE-F DATED 30.01.2016 ISSUED BY R3 AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioner has sought for the following reliefs :
a) Issue writ in the nature of certiorari or any other writ or direction or order quashing/setting aside the order at annexure-D dated 01.08.2015 passed by the 2nd respondent baring No.C8(3) SHA-SHI-AA HTM/79/2015-2016 and the endorsement at annexure- F dated 30.01.2016 issued by the 3rd respondent bearing No.ANU:2:1495:DA.HA.KO.MANNA:98/2014- 2015.
b) Grant such other and further relief/reliefs as this Hon’be Court deems fit and proper in the circumstances of the case in the interest of justice and equity.
2. Undisputedly, the petitioner has got an alternative remedy. Without exhausting the said remedy, he has rushed to this Court. Accordingly, the writ petition stands dismissed as premature reserving liberty to the petitioner to approach before the Statutory Authority within a period of four weeks from today.
Time spent before this Court from the date of presentation of the petition till date be condoned by the concerned Authority while entertaining the appeal or revision.
Sd/-
JUDGE rs/ssb