IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO.1055 OF 2019 (S-RES) BETWEEN:
1. SRI VENKATARAMANA SWAMY COLLEGE BANTWAL – 574 211 BANTWALA TALUK DAKSHINA KANNADA DISTRICT REPRESENTED BY ITS PRINCIPAL 2. THE PRINCIPAL SRI VENKATARAMANA SWAMY COLLEGE BANTWAL – 574 211 BANTWALA TALUK DAKSHINA KANNADA DISTRICT ... APPELLANTS (BY SRI M.SUBRAMANYA BHAT, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY, EDUCATION DEPARTMENT (SECONDARY EDUCATION) M.S. BUILDINGS, SACHIVALAYA BANGALORE – 560 001 2. THE COMMISSIONER OF COLLEGIATE EDUCATION PALACE ROAD BANGALORE – 560 001 3. SRI SUNDARA AGED ABOUT 44 YEARS S/O. HANIYA WORKING AS PHYSICAL EDUCATION DIRECTOR, SRI VENKATARAMANA SWAMY COLLEGE BANTWAL – 574 211 BANTWALA TALUK DAKSHINA KANNADA DISTRICT RESIDING AT KANCHARAMAKKI HOUSE KOWKRADY VILLAGE, NELLYADI POST PUTTUR TALUK – 574 229 DAKSHINA KANNADA DISTRICT ... RESPONDENTS (BY SRI D.NAGARAJ, AGA FOR R1 & R2) ---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE INTERIM ORDER DATED 19.03.2019 PASSED IN W.P.NO.45569/2018 ON THE FILE OF THE LEARNED SINGLE JUDGE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING:
JUDGMENT This writ appeal is filed against the impugned order dated 19.03.2019 passed by the learned Single Judge in W.P.No.45569/2018, by which, stay of further proceedings was granted pursuant to the advertisement issued by the respondents.
2. We have heard Sri.M. Subramanya Bhat, learned counsel for appellants, learned AGA for Respondents 1 and 2 and gone through the materials made available on record.
3. The Advertisement issued by the Government which has been challenged by the petitioner in W.P.Nos.11074-75/2019 is stayed by the learned Single Judge of this Court.
4. Learned counsel for the Appellants submits that the impugned order of stay granted by the learned Single Judge of this Court is contrary to the service rules and the impugned Notification issued is on the basis of the judgment of the Hon’ble Apex Court in Umadevi’s case.
5. Therefore, in our opinion, since it is only an interim order, it is appropriate to permit the appellants to make necessary application for modification or vacation of the interim order before the learned Single Judge.
6. With these observations, the writ appeal is disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE *ALB/-