M.A. Patil v. The Principal Secretary, Secondary Education, Department of Education, M.S.Bldg., Ambedkar Veedi, Bangalore
Case at a glance
Provisions considered
- Constitution of India arts. 226, 227
- Karnataka Education Act, 1983 s. 130
Key paragraphs
- Para 22. The said order is appealable under Section 130 of the Karnataka Education Act, 1983. The alternative remedy available to the petitioner is not only efficacious but also adequate in nature. Therefore, I decline to entertain this writ petition. It is accordingly dismissed reserving liberty…
Judgment
THE HON’BLE MR.JUSTICE S. ABDUL NAZEER WRIT PETITION NO.60430/2010 (S-PRO) Between: M.A. Patil, S/o Andana Gowda Patil, Aged about 53 years, Occ; Teacher (Hindi) Grade-I, At S.S.High School, Hebbal, Shirahatti Tq., Gadag Dist. …. Petitioner. (By Sri Kiran Y. Bhakari & Sri S.V. Desai, Advs.) And: 1 2 The Principal Secretary, Secondary Education, Department of Education, M.S.Bldg., Ambedkar Veedi, Bangalore. The Commissioner of Public Instruction, K.C.D.Road, Dharwad, Opposite to University Law College, Dharwad. 2 3 4 5 6 7 The Director of Commissioner of Public Instruction, K.C.D.Road, Dharwad, Opposite to University Law College, Dharwad. The Deputy Director of Public Instruction, D.C.Office, Mini Vidhana Soudha, Hubli Road, Gadag. The Block Education Officer, Shirahatti Taluk, Gadag Dist. The Shikshana Samiti, Hebbal, Shirahatti Tq., Gadag Dist. 582 112. Reptd. By its Chairman. Sri V.P.Mansur, S/o Parappa, Aged about 55 years, Occ; Teacher Grade –I (Science), At Sree Shivayogeshwara High School, Hebbal, Shirahatti Tq., Gadag Dist. …. Respondents. (By Smt. K.Vidyavathi, AGA for R1 to R5 Sri M.A.Patil, Adv. For R7) --- This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the impugned order dated 6.1.2010 passed by the Addl. Commissioner of Public Instruction, Dharwad, etc. 3 This Writ petition coming on for Orders this day, the Court passed the following: ORDER In this case, the petitioner has called in question the validity of the order at Annexure ‘A’ dated 6.1.2010 passed by the second respondent granting promotion to the seventh respondent and consequently appointing him as the Headmaster of Sri Shivayogeshwara High Schoo, Hebbal, Shirahatti Taluk, Gadag District run by the sixth respondent.
The said order is appealable under Section 130 of the Karnataka Education Act, 1983. The alternative remedy available to the petitioner is not only efficacious but also adequate in nature. Therefore, I decline to entertain this writ petition. It is accordingly dismissed reserving liberty to the petitioner to challenge the said order as above. All contentions of the parties on merit are kept open. No costs. BMM/- Sd/- JUDGE.
Precedent status how later indexed judgments have treated this case
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