- 1 - NC: 2025:KHC:1136 WP No. 1850 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 1850 OF 2024 (S-RES) BETWEEN: SMT. MANGALA GOWRI W/O DR.NATARAJ, AGED ABOUT 60 YEARS (SENIOR CITIZEN) RETIRED ASSOCIATE PROFESSOR D.R.M SCIENCE DEGREE COLLEGE, DAVANAGERE R/O GHR LAYOUT, SERVICE ROAD, NEAR HOTEL BIG BOSS, N.H.ROAD-4, CHITRADURGA -577 502 AADHAR NO. 824775150114 …PETITIONER (BY SRI. BIRADAR SHARANAPPA SHANKAREPPA, ADV.,(VC)) AND: 1. THE STATE OF KARNATAKA THROUGH ITS PRINCIPAL SECRETARY, HIGHER EDUCATION, M.S BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001 2. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION, HIGHER EDUCATION BUILDING, SHESHADRI ROAD, BENGALURU-560001 3. THE JOINT DIRECTOR REGIONAL OFFICE OF THE COLLEGIATE, Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1136 WP No. 1850 of 2024 EDUCATION DEPARTMENT BEHIND SAHYADRI COLLEGE BOYS HOSTEL SHIMOGA 577 201 …RESPONDENTS (BY SRI.NAVEEN CHANDRASHEKAR, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY R2 OFFICE AS PER ANNX-C, WHICH BEARS NO.KASHIE/21/AGP/2022-23/BASTHAVI DTD. 5/07/2022 AND IMPUGNED ORDER PASSED BY R2 AS PER ANNEXURE-H, WHICH BEARS NO. KASHIE/06/STHANI/2021- 23/BASTHAVI/DT. 06/09/2023 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER The petitioner, a retired Associate Professor of D.R.M. Science Degree College, Davanagere is before this Court under Article 226 of the Constitution of India questioning Annexure-C bearing No.PÁ²E/21/Jf¦/2022- 23/§¸ÁÜ« dated 15.07.2022 wherein the petitioner’s pay is re-fixed. Petitioner has also prayed for a writ of mandamus directing respondent No.2 to effect the placement with monitory benefits from completion of - 3 - NC: 2025:KHC:1136 WP No. 1850 of 2024 minimum eligibility period of 6 year to senior scale and 5 years to selection grade along with consequential benefits. 2. Impugned order is passed by the Additional Director, Collegiate Education whereunder the petitioner’s pay is revised to her disadvantage. 3. Section 130 of the Karnataka Education Act, 1983 (for short “1983 Act”) provides for alternate remedy of an appeal. If any person or Governing Council, aggrieved by an order passed by an Officer or authority under the Act, may within the prescribed period prefer an appeal to the prescribed Appellate Authority. Under the Karnataka Educational Institutions (Appeal, Revision and Review) (Amendment) Rules 2006, appellate authorities are prescribed for filing appeal under Section 130 of 1983 Act. The Commissioner for Collegiate Education is prescribed as Appellate Authority for the colleges under the control of Department of Collegiate Education. Further, the proviso to Rule-3 provides that where the order appealable is of the appellate authority, an appeal - 4 - NC: 2025:KHC:1136 WP No. 1850 of 2024 against such order shall lie to the authority specified in column (4) i.e., Government. 4. When it involves examination of facts and when the Act provides for alternate remedy, this Court normally would not entertain the writ petition under Article 226 of the Constitution of India, unless extraordinary ground is made out for exercising jurisdiction under Article 226 of the Constitution of India. 5. In the instant case, as there is availability of alternate remedy of filing an appeal under Section 130 of 1983 Act, I decline to entertain the petition. Accordingly, the writ petition is disposed of, with liberty to the petitioner to approach the Appellate Authority. Sd/- (S.G.PANDIT) JUDGE NC List No.: 1 Sl No.: 22