- 1 - NC: 2025:KHC:4607 WP No. 13653 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 13653 OF 2022 (S-RES) BETWEEN: 1. GNANODAYA VIDHYA NIDHI EDUCATION SOCIETY, RAHAMATH NAGAR, C.B. ROAD, KOLAR DISTRICT-563 101. 2. ASHA RANI S W/O VICTOR BINNY A., AGED ABOUT 40 YEARS, WAS WORKING AS HEAD MISTRESS, GNANODAYA VIDYA NIDHI HIGHER PRIMARY SCHOOL, RAHAMATH NAGAR, KOLAR-683 101, NO. 409, GVN BUILDING, RAHAMATH NAGAR, KOLAR-583 101. …PETITIONERS (BY SRI. C.N. SRINIVAS RAO, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4607 WP No. 13653 of 2022 TO GOVERNMENT, PRIMARY AND SECONDARY EDUCATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, PRIMARY AND SECONDARY EDUCATION, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K.R. CIRCLE, BANGALORE-560 001. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, SECONDARY EDUCATION, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K.R. CIRCLE, BANGALORE--560 001. REP. BY ITS DIRECTOR PRIMARY EDUCATION. 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, KOLAR DISTRICT, FORT, KOLAR-563 101. 5. THE BLOCK EDUCATION OFFICER, KOLAR TALUK, OLD GOVERNMENT MIDDLE SCHOOL BUILDING, KOLAR. - 3 - NC: 2025:KHC:4607 WP No. 13653 of 2022 6. ACCOUNTANT GENERAL IN KARNATAKA(A AND E), P.B. NO.5369, PART HOUSE ROAD, BANGALORE-560 001 …RESPONDENTS (BY SMT. PRATHIBHA R.K., AGA) THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NO.C7(7) PRA.SHI.AA.APPEAL/03/2020-21 DATED 05.04.2022 VIDE ANENXURE- AF ISSUED BY RESPONDENT NO.3 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 4 - NC: 2025:KHC:4607 WP No. 13653 of 2022 ORAL ORDER Heard Sri. C.N.Srinivas Rao, learned counsel for the petitioners and Smt. Prathibha.R.K., learned Additional Government Advocate for the respondents. Perused the writ petition papers. 2. The petitioners are before this Court under Article 226 of the Constitution of India, praying to quash Order bearing No.¹7(7)¥Áæ²C: ªÉÄîä£À«/03/2020-21 dated 05.04.2022 at Annexure-AF as well as Communication bearing No.C£ÀÄ2/2100/SÁ.±Á.².¤ªÀÈwÛ 2017-18 2861-6/2/19 dated 05.02.2019 (Annexure-U). 3. Under Annexure-AF, the request of petitioner No.2 for withdrawing the voluntary retirement application is rejected on the ground that the application for voluntary retirement was accepted and she was relieved from her duties on 30.11.2017. Subsequently, petitioner No.2 appears to have submitted application for withdrawal of said voluntary retirement application. Petitioner No.2 is Assistant Teacher in Gyanodhaya - 5 - NC: 2025:KHC:4607 WP No. 13653 of 2022 Vidya Nidhi Higher Primary School, which is an Aided Institution. 4. Section 130 of the Karnataka Education Act, 1983 provides alternate remedy of appeal to the petitioners. When a statute provides alternate remedy, normally this Court refrains to exercise its jurisdiction under Article 226 of the Constitution of India. Accordingly, the writ petition stands disposed of with liberty to the petitioners to avail alternate remedy. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 9