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.44762/2019 (EDN – RES) BETWEEN:
SUVARNAMUKHI EDUCATION SOCIETY ® SIRA GATE, NEAR HIGH SCHOOL MADHUGIRI, TUMAKURU-572132 REP BY ITS SECRETARY R.K.DHRUVAKUMAR ... PETITIONER [BY SRI S.S.PARIKSHIT, ADV. FOR SRI S.N.BHAT, ADV.] AND:
1 . THE STATE OF KARNATAKA REP BY ITS SECRETARY TO THE EDUCATION DEPARTMENT M.S.BUILDING, BENGALURU-560001 2 . THE DIRECTOR PRIMARY AND SECONDARY EDUCATION NRUPATHUNGA ROAD BENGALURU-560001 3 . DEPUTY DIRECTOR (ADMINISTRATION) DEPARTMENT OF PUBLIC INSTRUCTION MADHUGIRI, TUMAKURU DISTRICT-572132 4 . THE COMMISSIONER PUBLIC INSTRUCTION DEPARTMENT NRUPATHUNGA ROAD BENGALURU-560001 …RESPONDENTS [BY SMT.PRAMODHINI KISHAN, AGA.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE MEMORANDUM ISSUED BY THE R-3 DATED 26.08.2019 VIDE ANNEXURE-E AND FURTHER GRANT ANY SUCH OTHER RELIEF THAT THIS HON’BLE COURT DEEMS FIT TO GRANT.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the order dated 26.08.2019 passed by respondent No.3 whereby the excess teachers identified by the department are directed to appear for counseling in order to transfer them to other schools.
2. The petitioner claims to be a Society registered under the provisions of the Societies Registration Act, 1960, running a High School at Kanadagala village of Madhugiri Taluk since 36 years. It is contended that on 21.01.2019, the Commissioner for Public Instructions had issued memorandum under which the request of the petitioner for the last academic year to condone the lesser number of admission as well as attendance in the class has been accepted only for one academic year and the school was required to maintain minimum number of 25 students for admission and attendance. It is the specific case of the petitioner that such minimum number of students are maintained by the petitioner – Institution. However, on the wrong premise, respondent No.3 has issued impugned order identifying the excess teachers for shortage of students in the petitioner – Institution. Hence, the present writ petition.
3. Indisputably, the order impugned is an appealable order which requires to be adjudicated before the Appellate Authority contemplated under the provisions of the Karnataka Education Act, 1983. Moreover, the issue involved herein is a mixed question of facts and law and the same has to be considered by the Appellate Authority in accordance with law.
4. Hence, this Court deems it appropriate to relegate the petitioner to the Appellate Authority whereby all the grounds urged in this writ petition could be agitated. If such an appeal is preferred before the Appellate Authority within a period of two weeks from the date of receipt of certified copy of the order, the same shall be considered on merits and a decision shall be taken in accordance with law in an expedite manner, without objecting to the period of limitation, till such time, the order impugned at Annexure – E dated 26.08.2019 shall be kept in abeyance. All the rights and contentions of the parties are left open. Ordered accordingly.
The writ petition stands disposed on in terms of the above.
In view of the disposal of the writ petition, pending application does not survive for consideration and the same stands dismissed.
Sd/- JUDGE PMR