- 1 - NC: 2025:KHC-D:86 WP No. 17535 of 2011 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 17535 OF 2011 (S-TR) BETWEEN: M/S KANARA COLLEGE SOCIETY (REGD), REPRESENTED BY ITS SECRETARY, KUMTA, U.K.DISTRICT-581342 … PETITIONER (BY SRI. VISHWANTH HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF EDUCATION (COLLEGIATE), M.S.BUILDING, BANGALORE-560001 2. THE DIRECTOR OF COLLIGIATE EDUCATION, SASHADRIPAOAD, BANGALORE-1. 3. SMT. VIDYA N.TALAGERI, LECTURER IN MATHAMATICS, DR. A.V.SALIGA ARTS & SCIENCE COLLEGE, KUMTA, U.K.DISTRICT. 4. THE JOINT DIRECTOR OF COLLEGIATE, EDUCATION, REGIONAL OFFICE, DHARWAD. 5. THE PRINCIPAL, A.V.BALIGA ARTS & SCIENCE COLLEGE, KUMTA U.K.DISTRICT … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1, R2 & R4; SHRI S.B. TOTAL, ADVOCATE FOR R3; R5 - SERVED) THIS WRIT PETITION IS FILED UNDER ARTCIELS 226 AND 227 OF THE CONSTITUTION OF INDIA, PRYAING TO CALL FOR THE RECORDS RELATING TO IMPUGNED ORDERS DATED 01.07.2010 VIDE ANNEXURE-F & ORDER DATED 15.03.2011 VIDE ANNEXURE-K & ORDER DATED 06.04.2011 VIDE ANNEXURE-L PERUSE & QUASH THE SAID ORDER AS ARBITRARY, ILLEGAL & WITHOUT APPLICATION OF MIND, THUS BEING VIOLATIVE OF ARTICLE 14 & 16 (1) OF THE CONSTITUTION OF INDIA AS ALSO TO THE PRINCIPLES OF NATURAL JUSTICE. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:86 WP No. 17535 of 2011 THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER 1. The petitioner is before this Court calling in question an order dated 01.07.2010 and orders dated 15.03.2011 and 06.04.2011, by which the services of the third respondent were handed over the petitioner’s Society. The Co-ordinate Bench of this Court in terms of its order, dated 17.05.2011 stayed the aforesaid order impugned in this petition. The interim order is operating for last fourteen years. 2. Learned counsel for the petitioner submits that the third respondent is now left with six months of service and is due to retire on 31.07.2025 on attaining the age of superannuation. He would therefore submit that in light of the interim order subsisting, all the fourteen years, she may be permitted to continue her service in the petitioner’s Society. The submission would merit acceptance for the - 3 - NC: 2025:KHC-D:86 WP No. 17535 of 2011 reason that the act of the Court would prejudice no person as the interim order operating for the last fourteen years. 3. In the considered view of this Court interfering now put the service of the third respondent into jeopardy as the third respondent is due to retirement in the next six months, the retirement of the third respondent should be peaceful. 4. Therefore, I deem it appropriate to direct the respondents not to disturb the third respondent’s service in the petitioner’s Society, till the date of retirement i.e., 31.07.2025. The petitioner shall be entitled to all the consequential benefits. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT: ASC List No.: 1 Sl No.: 140