IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION NOS.7787-7794/2015 (S-RES) BETWEEN 1. SRI NAGESH KARKERA S/O. LATE BHOJA K SALIAN AGED ABOUT 50 YEARS OCC:OFFICE SUPERINTENDENT SHREE GOKARNANATHESHWARA COLLEGE GANDHINAGAR, MANGALURU D.K.DISTRICT-575 003 2. SRI GOPAL M.
S/O.LATE THUKRA POOJARY AGED ABOUT 53 YEARS OCC:SECOND DIVISION ASSISTANT SHREE GOKARNANATHESHWARA COLLEGE GANDHINAGAR, MANGALURU D.K.DISTRICT-575 003 3. SMT.SUVASINI J. D/O.LATE J.NARNAPPA AGED ABOUT 56 YEARS OCC:TYPIST SHREE GOKARNANATHESHWARA COLLEGE GANDHINAGAR, MANGALURU D.K.DISTRICT-575 003 4. SRI BABU S.
S/O.LATE GIRIYAPPA POOJARY AGED ABOUT 51 YEARS OCC:CLERK-CUM-TYPIST SHREE GOKARNANATHESHWARA COLLEGE GANDHINAGAR, MANGALURU D.K.DISTRICT-575 003 5. SMT. RATHI PRAJWALINI P. D/O.ISHWARA POOJARY AGED ABOUT 55 YEARS OCC:SECOND DIVISION ASSISTANT SHREE GOKARNANATHESHWARA COLLEGE GANDHINAGAR, MANGALURU D.K.DISTRICT-575 003 6. SRI ANANDA M.
S/O.LATE MAHABALA BELCHADA AGED ABOUT 47 YEARS OCC:ATTENDER SHREE GOKARNANATHESHWARA COLLEGE GANDHINAGAR, MANGALURU D.K.DISTRICT-575 003 7. SRI. SHEKHAR P.
S/O.LATE MUNDAPPA POOJARY AGED ABOUT 50 YEARS OCC:ATTENDER SHREE GOKARNANATHESHWARA COLLEGE GANDHINAGAR, MANGALURU D.K.DISTRICT-575 003 8. SRI MOHAN S/O.LATE CHENNAPPA BANGERA AGED ABOUT 52 YEARS OCC: PEON SHREE GOKARNANATHESHWARA COLLEGE GANDHINAGAR, MANGALURU D.K.DISTRICT-575 003 ... PETITIONERS (BY SRI ANANDA SHETTY A., ADOCATE) AND 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION M.S.BUILDING DR.AMBEDKAR VEEDHI BENGALURU - 560 001 2. THE COMMISSIONER OF COLLEGIATE EDUCATION PALACE ROAD BENGALURU - 560 001 3. THE DIRECTOR OF COLLEGIATE EDUCATION, PALACE ROAD BENGALURU - 560 001 4. THE JOINT DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION MANGALURU – 575 003 5. SHREE GOKARNANATHESHWARA COLLEGE GANDHINAGAR MANGALURU D.K.DISTRICT-575 003 BY ITS PRINCIPAL …RESPONDENTS (BY SRI SRIDHAR N. HEGDE, HCGP FOR R1 TO R4; R-5 IS SERVED AND UNREPRESENTED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ACT I.E., KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES (REGULATION OF PAY, PESNSION AND OTHER BENEFITS) ACT, 2014 (ANNEXURE–A) AS WELL AS THE CIRCULAR DATED 09.06.2014 (ANNEXURE–B) ISSUED BY R-4 AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R R.DEVDAS J., (ORAL):
Learned Counsel for the petitioners submits that the petitioners in these batch of writ petitions had sought for quashing of the act i.e. the Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and Other Benefits) Act, 2014 as well as the Circular dated 09.06.2014 bearing No.PÁ²E/¥ÁæPÀªÀÄ/186/±ÀÄ®Ì dªÂÄ/2013-14.
2. Learned Counsel for the petitioners submits that this Court by its order dated 10.07.2015 in WP.No.21216/2014 has already struck down the said enactment as being unconstitutional. Therefore, the grievance of the petitioners does not survive for consideration.
In that view of the matter, the prayers made by the petitioners in the present writ petitions do not survive for consideration. The petitions are accordingly disposed of.
Sd/- JUDGE LB