Writ Petition No. 13060 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:4641 WP No. 13060 of 2024 C/W WP No. 20886 of 2024 WP No. 31931 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 13060 OF 2024 (S-RES) C/W WRIT PETITION NO. 20886 OF 2024 (S-RES) WRIT PETITION NO. 31931 OF 2024 (S-RES) IN WP No. 13060/2024 BETWEEN:
Legal Reasoning
SRI R RANGADHAMAIAH S/O LATE CHIKKA RANGAPPA, AGED ABOUT 58 YEARS, R/AT WARD NO.21, ARAVINDA NAGAR, GOWRIBIDANUR, CHIKKABALLAPURA-561208 …PETITIONER (BY SRI. ADINARAYANAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT AND PRIMARY AND SECONDARY EDUCATION, M S BUILDING, BENGALURU-560001. 2. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (ADMINISTRATION), CHIKKABALLAPUR DISTRICT, Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4641 WP No. 13060 of 2024 C/W WP No. 20886 of 2024 WP No. 31931 of 2024 CHIKKABALLAPUR-562101. 3. THE NATIONAL AND RURAL EDUCATION ASSOCIATION MG ROAD, NEAR RAILWAY STATION, GOWRIBIDANUR-561208, CHIKKABALLAPUR DISTRICT, REP. BY ITS SECRETARY 4. SRINIVAS M.V S/O VENKATARAMANAPPA, AGED ABOUT 53 YEARS, R/AT LAKSHMIPURAM, MANCHENAHALLI, GAURIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT-561211. (BY SRI.V.SHIVA REDDY, AGA FOR R1 & R2; …RESPONDENTS SMT.M.L.SUVARNA, SRI.ASHWIN.K, ADVOCATE FOR R3; SRI.S.S.PARIKSHIT, ADVOCATE FOR PROPOSED R4) ADVOCATE FOR THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER TO THE R3 ON DATED 14/03/2024, 10/01/2022 AND 02/06/2022 WHICH ARE PRODUCED AT ANNEXURE-A TO C AND ETC., IN WP NO. 20886/2024 BETWEEN: SRINIVAS M.V S/O VENKATARAMANAPPA, AGED ABOUT 53 YEARS, R/AT LAKSHMIPURAM, MANCHENAHALLI, - 3 - NC: 2025:KHC:4641 WP No. 13060 of 2024 C/W WP No. 20886 of 2024 WP No. 31931 of 2024 GAURIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT-561211. ...PETITIONER (BY SRI.S.S.PARIKSHITH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PRIMARY AND HIGHER EDUCATION, M S BUILDING BENGALURU-560001 2. COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS NRUPATUNGA ROAD BENGALURU-560001 3. DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTIONS CHIKKABALLAPURA DISTRICT-562101 4. THE NATIONAL RURAL EDUCATION SOCIETY (R) (SOCIETY FORMED UNDER THE PROVISIONS OF KARNATAKA SOCIETIES REGISTRATION ACT) GAURIBIDANUR CHIKKABALLAPURA DISTRICT-561208 REP BY ITS SECRETARY 5. RANGADHAMAIAH AGED MAJOR S/O NOT KNOWN TO THIS PETITIONER, ASST TEACHER, ACHARYA PRE-UNIVERSITY COLLEGE HIGH SCHOOL DIVISION - 4 - NC: 2025:KHC:4641 WP No. 13060 of 2024 C/W WP No. 20886 of 2024 WP No. 31931 of 2024 GAURIBIDANURU, CHIKKABALLAPUR DISTRICT-561208 ...RESPONDENTS (BY SRI.ADINARAYAN, ADVOCATE FOR C/R5; SRI.V.SHIVAREDDY, AGA FOR R1 TO R3; SRI.ASHWIN.K, ADVOCATE FOR R4) THIS W.P IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 26.07.2024 PASSED BY THE R-4 BEARING NO. 37/2024-25 VIDE ANNX-D. IN WP NO. 31931/2024 BETWEEN: SRINIVAS M V AGED ABOUT 53 YEARS, S/O VENKATARAMANAPPA, R/AT LAKSHMIPURAM, MANCHENAHALLI, GAURIBIDANURU TALUK, CHIKKABALLAPURA DISTRICT - 561211 ...PETITIONER (BY SRI. PARIKSHIT S S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PRIMARY AND HIGHER EDUCATION, M.S.BUILDING, BENGALURU - 560001. 2. COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS, NRUPATUNGA ROAD, BENGALURU - 560001. - 5 - NC: 2025:KHC:4641 WP No. 13060 of 2024 C/W WP No. 20886 of 2024 WP No. 31931 of 2024 3. DEPUTY DIRECTOR, DEPARTMENT OF PUBLIC INSTRUCTIONS, CHIKKABALLAPURA DISTRICT - 562101. 4. THE NATIONAL RURAL EDUCATION SOCIETY (R) (SOCIETY FORMED UNDER THE PROVISIONS OF KARNATAKA SOCIETIES REGISTRATION ACT) GAURIBIDANURU, CHIKKABALLAPURA DISTRICT - 561208 REP. BY ITS SECRETARY. 5. SMT. GIRIJAMMA AGED MAJOR, W/O NOT KNOWN TO THIS PETITIONER, ASST. TEACHER, SANYUKTA PRE-UNIVERSITY COLLEGE, (HIGH SCHOOL DIVISION), MACHENAHALLI, GAURIBIDANURU TALUK, CHIKKABALLAPURA DISTRICT - 561208. ...RESPONDENTS (BY SRI.V.SHIVAREDDY, AGA FOR R1 TO R3; SRI.ASHWIN.K, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 07.11.2024 BEARING NO. 68/2024-25 PASSED BY THE R-4 VIDE ANNX-D AND ETC., THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 6 - NC: 2025:KHC:4641 WP No. 13060 of 2024 C/W WP No. 20886 of 2024 WP No. 31931 of 2024 ORAL ORDER W.P.No.13060/2024 is filed seeking following reliefs: i) Issue a writ of Mandamus or any other writ order directing the respondents to consider the representation made by the petitioner to the 3rd respondent on dated 14.03.2024, 10.01.2022 and 02.06.2022 which are produced at Annexure-A to C. ii) And consequently, direct the respondents to promote the petitioner from the post of Assistant Teacher to Permanent Vide Principal till attaining superannuation from 01/04/2020. iii) And also direct the respondents to provide the special increments and all the benefits to the petitioner for 25 years of his service at the 3rd respondent institution in accordance with law. iv) Grant such other order or direction which this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity. 2. W.P.No.20886/2024 is filed seeking following reliefs: i) Quashing the order dated 26.07.2024 passed by the 4th respondent bearing No.37/2024-25 vide Annexure-D. - 7 - NC: 2025:KHC:4641 WP No. 13060 of 2024 C/W WP No. 20886 of 2024 WP No. 31931 of 2024 ii) Further grant any such other relief that this Hon'ble Court deems fit to grant in the interest of justice and equity. 3. W.P.No.31931/2024 is filed seeking following reliefs: i) Quashing the order dated 07.11.2024 bearing No.68/2024-25 passed by the 4th respondent vide Annexure-D. ii) Further direct the respondent No.4 to put the petitioner back in the original place of working i.e., Acharya Pre-University College (High School division), Gauribidanuru. iii) Further grant any such other relief that this Hon'ble Court deems fit to grant in the interest of justice and equity. 4. Heard Sri.Adinarayanappa, Sri.S.S.Parikshit, learned counsel for petitioners, Sri.V.Shivareddy, learned Additional Government Advocate, Smt.M.L.Suvarna, for Sri.Ashwin K, learned counsel for respondents. 5. Petitioner was before this Court earlier in W.P.No.20749/2021 and the said writ petition was
Decision
disposed of by order dated 15.12.2022 with a direction to fill up the post of Principal or Vide Principal/Head Master - 8 - NC: 2025:KHC:4641 WP No. 13060 of 2024 C/W WP No. 20886 of 2024 WP No. 31931 of 2024 or Head Mistress to the institution run by the 3rd respondent herein i.e., Acharya Pre-University College, High School Division of Gouribidanur in terms of 1999 Rules expeditiously. 6. In the present writ petition, petitioner has sought for a direction to the respondent to consider the representations dated 14.03.2024, 10.01.2022 and 02.06.2022 vide Annexures-A to C, wherein the petitioner has requested to consider his case for promotion. 7. Statement of objections filed by 3rd respondent before this Court indicates that the 3rd respondent has forwarded its proposal under letter dated 30.08.2024 addressed to 2nd respondent to fill up the post of Vice Principal of the institution run by the 3rd respondent. Therefore, in view of the proposal forwarded by 3rd respondent, it is for the 2nd respondent to consider the same and take suitable action in accordance with 1999 Rules. - 9 - NC: 2025:KHC:4641 WP No. 13060 of 2024 C/W WP No. 20886 of 2024 WP No. 31931 of 2024 8. Insofar as prayer sought in the other writ petitions i.e., in W.P.No.20886/2024 and W.P.No.31931/2024, petitioners are provided with alternative remedy under Section 130 of the Karnataka Education Act. In both writ petitions, a communication of 3rd respondent educational institution is under challenge. Therefore, when statute provides alternative remedy to the petitioners, this Court normally would not exercise its jurisdiction under Article 226 of the Constitution of India. With the above, all the writ petitions are disposed of. Since the matters are disposed of, interim order if any passed stands dissolved. Sd/- (S.G.PANDIT) JUDGE RR List No.: 1 Sl No.: 1