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2025 DAILYLAW 14093 (KAR)

SREE BHAIRAVESHWARA VIDYA SAMSTE (R) v. THE STATE OF KARNATAKA

WP/1265/2023 · 2025-06-24

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21959 WP No. 1265 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 1265 OF 2023 (EDN-RES) BETWEEN: SREE BHAIRAVESHWARA VIDYA SAMSTE (R) BHIMASANDRA,TUMAKURU TALUK TUMAKURU DISTRICT-572123. REPRESENTED BY ITS SECRETARY. …PETITIONER (BY SRI. SRIKANTH M P.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA PRIMARY AND SECONDARY EDUCATION M S BUILDING, DR AMBEDKAR VEEDHI BANGALORE-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS PRIMARY AND SECONDARY EDUCATION NEW PUBLIC OFFICES NRUPATHUNGA ROAD K R CIRCLE, BANGALORE-560001. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS SECONDARY EDUCATION NEW PUBLIC OFFICES,NRUPATHUNGA ROAD K R CIRCLE, BANGALORE-560001. 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21959 WP No. 1265 of 2023 TUMAKURU SOUTH TUMAKURU-572101. 5. THE BLOCK EDUCATION OFFICER TUMAKURU TALUK TUMAKURU-572101. 6. SMT B A SHAILAJA HEAD MISTRESS, ARTS TEACHER GOVERNMENT PRE UNIVERSITY COLLEGE (HIGH SCHOOL), MASKAL TUMAKURU TALUK TUMAKURU DISTRICT-577122. 7. SRI LAKSHMINARAYANAMURTHY DRAWING TEACHER GOVERNMENT PRE UNIVERSITY COLLEGE (HIGH SCHOOL DIVISION), AMRUTHURU KUNIGAL TALUK-572111. 8. SMT M P USHARANI SECOND DIVISION ASSISTANT SREE VEERABHADRASWAMY HIGH SCHOOL G HOSAHALLI GUBBI TALUK TUMAKURU DISTRICT-572123. 9. SRI M R SHIVARUDRAIAH EMPRESS GIRLS PRE UNIVERSITY COLLEGE (HIGH SCHOOL DIVISION), TUMAKURU-572101. …RESPONDENTS (BY SRI KEMPANNA, AAG A/W SMT.SUKANYA BALIGA, AGA FOR R1 TO R5, SRI D NAGARAJ, ADVOCATE, FOR R6 & R7, SRI VASANTH KUMAR N , ADVOCATE FOR R8, SRI THYGARAJA S, ADVOCATE FOR R9) THIS W.P. IS FILED UNDERT ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER BEARING NO.C8 (1) - 3 - HC-KAR NC: 2025:KHC:21959 WP No. 1265 of 2023 SHAA.SHI.AA.MAA.RADDU.E676400/2021-22 DTD 16.12.2022 PASSED BY THE R-2 VIDE ANNX-AC, AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN `B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the order dated 16.12.2022 as per Annexure-AC passed by the respondent No.2 interalia, sought for direction to respondents No.6 to 9 to continue at Sree Bhairaveshwara Rural High School, Doddanaravangala, Tumakuru Taluk and District. 2. Heard the learned counsel appearing for the parties. 3. Learned Additional Government Advocate rises preliminary objections with regard to the maintainability, the petitioner is having alternative remedy to approach the Government under Section 130 of the Karnataka Education Act, 1983. 4. In that view of the matter, taking into consideration that, the impugned order at Annexure-AC is appealable order, - 4 - HC-KAR NC: 2025:KHC:21959 WP No. 1265 of 2023 liberty is reserved to the petitioner to approach the Competent Appellate Authority in accordance with law. 5. It is made clear, the period spent by the petitioner before this Court be condoned, if the appeal is filed before the Competent Appellate Authority within two weeks from the date of receipt of this order. 6. It is also made clear, the Competent Appellate Authority shall expedite the hearing at the earliest and conclude the same. It is also made clear that till the conclusion of the proceedings before the Appellate Authority, no precipitative action shall be taken against the petitioner. 7. With this observation, the writ petition is disposed of. Sd/- (E.S.INDIRESH) JUDGE HR List No.: 1 Sl No.: 66