SRI.SRINIVASA EDUCATION SOCIETY (R) v. Location: HIGH

(BY SRI. P.D. SUBRAMANYA., ADVOCATE) AND: … PETITIONER Location: HIGH COURT OF KARNATAKA

1. THE STATE OF KARNATAKA DEPT. OF EDUCATION (PRE-UNIVERSITY) M.S.BUILDING DR AMBEDKAR BEEDI BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE DIRECTOR DEPT. OF PRE-UNIVERSITY EDUCATION, SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM BENGALURU - 560 012 - 2 - NC: 2024:KHC:23007 WP No. 12794 of 2020

3. THE DEPUTY DIRECTOR DEPT. OF PRE-UNIVERSITY EDUCATION, TUMKUR DISTRICT, BOYS GOVT., P U COLLEGE COMPOUND, TUMKUR - 587 101.

4. MR. H.J. DAYANANDA LECTURER IN SOCIOLOGY AGED ABOUT 58 YEARS S/O LATE H C JAYANNA SIDDARAMA NILAYA GOKULA 2ND STAGE 6TH SHISHIRA ROAD TUMKUR.

5. MR. H.M. MAYANNA LECTURER IN GEOGRAPHY AGED ABOUT 59 YEARS S/O LATE H B MAYANNA GURU KRUPA 6TH MAIN, 4TH CROSS SADASHIVANAGAR, TUMKUR.

6. SMT. RAFATHZABEEN LECTURER IN ENGLISH AGED ABOUT 59 YEARS D/O ABDUL RASHEED NO.638, BORIDE SOPHIYA PHARMACY COLLEGE, BHANASHANKARI TUMKUR.

7. SMT. S. UMADEVI LECTURER IN SANSKRIT AGED ABOUT 56 YEARS D/O T R SHANTAPPA - 3 - NC: 2024:KHC:23007 WP No. 12794 of 2020 SRINIVASANILAYA, VIJAYANAGAR SOMESHWARAPURAM, POST TUMKUR.

8. MR. BALUGONNANAVAR LECTURER IN KANNADA AGED ABOUT 57 YEARS S/O LATE DYAMANNA NEAR SRINIVASA COLLEGE BEHIND BUS STAND, KALIDASA HIGH SCHOOL HANUMANTHANAGAR KORETAGERE.

9. MR. K SANNASIDDAPPA LECTURER IN HISTORY AGED ABOUT 56 YEARS S/O LATE KARIYAPPA C/O PANDUKUMAR VENKATADRINILAYA 6TH CROSS, ADARSHA NAGAR, TUMKUR.

10. MR. H. SHIVAPPA D GROUP AGED ABOUT 53 YEARS S/O H. MALLAPPA KALIDASABADAVANE KORATAGERE TOWN, KORATAGERE.

11. MR. AVASARAGAIAH D GROUP AGED ABOUT 58 YEARS S/O LATE LINGAYYA - 4 - NC: 2024:KHC:23007 WP No. 12794 of 2020 GUNDANJANEYA TEMPLE ROAD 6TH WARD, KORATAGERE AT POST TUMKUR DISTRICT.

12. SMT. SUMITRA K W/O THIPPESWAMY AGED ABOUT 38 YEARS POLITICAL SCIENCE LECTURER SRI SRINIVASA PRE-UNIVERSITY COLLEGE AT KORATAGERE DISTRICT TUMKUR - 572 129 RESIDING AT BATTIGANAHALLI DODDAGRAHARA POST SIRA TALUK TUMKUR DISTRICT - 572 125.

13. VENKATARAMAPPA S/O ERANNA AGED ABOUT 44 YEARS ECONOMICS LECTURER SRI SRINIVASA PRE-UNIVERSITY COLLEGE AT KORATAGERE DISTRICT TUMKUR - 572 129 RESIDING AT MARAMANAHALLI PAVAGADA TALUK TUMKUR DISTRICT - 572 129. … RESPONDENTS (BY SRI. KIRAN V. RON, AAG A/W SMT. PRATHIBHA R.K., AGA FOR R1 AND R3; SRI MAHESH L., ADVOCATE FOR R4 TO R11; MS. SUMANA BALIGA, ADVOCATE FOR R12 AND R13) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE - 5 - NC: 2024:KHC:23007 WP No. 12794 of 2020 ORDER MADE IN GOVERNMENT ORDER DTD 09.09.2020 PASSED BY THE R-1 (AT ANNEXURE-Z 20) WHEREIN THE R-1 HAS DIRECTED THE CANCELLATION OF PERMISSION, RECOGNITION AND WITHDRAWAL OF GRANT-IN-AID GRANTED TO THE SRI. SRINIVASA PRE-UNIVERSITY COLLEGE, KORATEGERE, GUBBI TALUK, TUMKUR DISTRICT UNDER THE MANAGEMENT AND CONTROL OF THE PETITIONER SOCIETY, BEING ARBITRARY, ERRONEOUS, NOT SUSTAINABLE IN LAW AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The present petition has been filed seeking to set aside the order at Annexure-'Z20', whereby there was an order cancelling the permission and withdrawal of grant-in-aid granted to the petitioner College.

2. It is submitted that the respondent State has filed an application stating that during the pendency of the matter, the respondents have come to know by virtue of registered Sale Deed dated 07.07.2021, the property consisting of Site Nos.10, 11, 12 and 13 situated at Koratagere Town in which the petitioner Institution was being run, has been alienated. Such fact is not in dispute. - 6 - NC: 2024:KHC:23007 WP No. 12794 of 2020

3. Taking note of the restriction placed regarding the alienation of property of Private Educational Institution as contained in Section 107 of the Karnataka Education Act, 1983, it is clear that no property can be sold except with the previous permission in writing of the competent Authority.

4. In the present case, admittedly, no permission has been obtained prior to alienation of the property. If that were to be so, such conduct disentitles petitioner to claim any relief in law.

5. It is also admitted that the buildings have been demolished.

6. Accordingly, taking note of the said facts, the bar under Section 107 of the Karnataka Education Act, 1983, the petitioner is disentitled to seek any relief.

7. Accordingly, the petition is disposed off as calling for no further adjudication. - 7 - NC: 2024:KHC:23007 WP No. 12794 of 2020

8. Insofar as respondent Nos.12 and 13 are concerned, a plea is made herein stating that they were working the petitioner Institution and service emoluments, including salary are not paid.

9. Insofar as such claim is concerned, it is open for them to make out their claim against the Management, which in law is obliged to pay the emoluments for the work done, which however, is a matter for adjudication in separate proceedings.

10. Further, insofar as the submission by learned counsel for respondent Nos.12 and 13 that respondent Nos.12 and 13 may be permitted to be absorbed by any other Aided Institution, as some of the Institutions are ready to take the respondents if the State were to give no objection, it is open for the respondents to make appropriate request to the Authorities concerned, which may be considered in accordance with law expeditiously. - 8 - NC: 2024:KHC:23007 WP No. 12794 of 2020

11. Insofar as the claim of respondent Nos.12 and 13, as it is noticed that the petitioners have retained some of the properties, it is made clear that if the claim is made by respondent Nos.12 and 3 within a reasonable time, the said respondents would have charge on other such aspects.

12. In light of disposal of the petition, the interim directions stands discharged. Sd/- JUDGE VGR