IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 09TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE M.NAGAPRASANNA WRIT APPEAL NO.3858 OF 2019 (EDN-REG-P) BETWEEN:
SRI SWAMY VIDYA SAMSTHE NO.20, K.H.B. COLONY, KUNIGAL-572 130 REPRESENTED BY ITS SECRETARY SRI VENKATAIAH SON OF LATE NINGAIAH AGED ABOUT 75 YEARS RESIDENT OF VENKATEGOWDANA PALYA KAGGERE DHAKALE, KUNIGAL TALUK TUMAKURU DISTRICT-572 130.
(BY SRI: SRIKANTH M.P., ADVOCATE) ...APPELLANT AND:
1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY TO GOVERNMENT PRIMARY AND SECONDARY EDUCATION M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU-560 001.
2. THE DIRECTOR PRE-UNIVERSITY EDUCATION DEPARTMENT 18TH CROSS, SAMPIGE ROAD MALLESWARAM BENGALURU-560 003.
3. THE DEPUTY DIRECTOR PRE-UNIVERSITY EDUCATION DEPARTMENT TUMAKURU-572 101.
…RESPONDENTS (BY SRI: I.THARANATH POOJARY, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE INTERIM ORDER DATED 18.09.2019 PASSED IN WRIT PETITION NO.41748 OF 2019 (EDN-REG-P) BY THE LEARNED SINGLE JUDGE OF THE HON'BLE COURT, IN THE INTEREST OF JUSTICE AN EQUITY.
***** THIS WRIT APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the interim order dated 18.09.2019 passed in Writ Petition No.41748 of 2019 by the learned Single Judge, in rejecting the grant of interim relief, the writ petitioner is in appeal.
2. On the previous occasion, by the order dated 25.11.2019, the learned Additional Government Advocate took time to take instructions on the question whether the order of remand can be made in view of the contention that the appellant was not heard before passing of the impugned order before the learned Single Judge.
3. It is presently contended by the learned Additional Government Advocate that a show cause notice has been issued and that would suffice the requirement of Section 53 of the Education Act.
4. However, on considering the said provisions, we are of the view that issuance of a show cause notice is not sufficient. An enquiry has to be held. It is only after the enquiry is concluded, an appropriate order would be passed. Since the same has not been done, necessarily, the impugned order cannot be sustained.
5. Under these circumstances, the writ appeal is allowed. The order dated 18.09.2019 passed in Writ Petition No.41748 of 2019 by the learned Single Judge, is set aside. The order dated 20.08.2019 bearing No.ED 107 TPU 2014 passed by respondent No.1 vide Annexure-S before the learned Single Judge, is set aside so far as the appellant is concerned. The appellant is directed to appear before the respondent No.1 on 23.12.2019 and the respondent to consider his reply and thereafter pass appropriate orders in accordance with law. The said exercise shall be completed within a period of three months from the said date.
The writ petition is disposed off accordingly.
Sd/- JUDGE Sd/- JUDGE *bgn/-