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2025 DAILYLAW 31225 (KAR)

SMT. KARIYAMMA. T. H. v. STATE OF KARNATAKA

WP/22214/2024 · 2025-02-18

S G Pandit

body2025

Judgment text

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- 1 - NC: 2025:KHC:7318 WP No. 22214 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 22214 OF 2024 (S-RES) BETWEEN: SMT. KARIYAMMA. T. H. W/O. M. SATHISH AGED ABOUT 46 YEARS, R/AT: "SRI KRISHNA KRUPA", V.M. NAGARA, 13TH MAIN ROAD, PERAMPALLI P.O., KUNJIBETTUR, UDUPI 576 101 …PETITIONER (BY SRI. SANDESH SHETTY T., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU 560 001. 2. THE COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, BENGALURU 560 001. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7318 WP No. 22214 of 2024 3. THE DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, (SECONDARY EDUCATION), NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, BENGALURU 560 001. 4. THE DEPUTY DIRECTOR -ADMINISTRATION, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, UDUPI, UDUPI DISTRICT 576 101. 5. THE BLOCK EDUCATION OFFICER, BRAHMAVARA ZONE, BRAHMAVARA- 576 213, UDUPI DISTRICT. 6. PERKALA EDUCATION SOCIETY ®, PERKALA, JYOTHI NAGAR, PERKALA 576 107, UDUPI DISTRICT, REP BY ITS SECRETARY. 7. PERKALA HIGH SCHOOL, JYOTHI NAGAR, PERKALA, UDUPI DISTRICT 576 107 …RESPONDENTS (BY SRI. V. SHIVAREDDY, AGA FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT BEARING NO. B/HIMBARAGA-02/2024-25 DATED 18.06.2024 ISSUED BY RESPONDENT-5 AT ANNEXURE- H AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:7318 WP No. 22214 of 2024 CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER The petitioner is before this Court under Article 226 of the Constitution of India, questioning the Endorsement bearing No.B/Himbaraha-02/2024-25 dated 18.06.2024 (Annexure-H), whereunder the proposal for approval of the petitioner's appointment as Vocational Teacher/Art & Crafts Teacher is rejected. 2. Heard Sri. Sandesh Shetty.T., learned counsel for the petitioner and Sri. V.Shivareddy, learned Additional Government Advocate for respondent Nos.1 to 5, who has taken notice. Perused the writ petition papers. 3. The petitioner claims that the petitioner was appointed as Drawing/Vocational Teacher in the 7th respondent-High School and proposal forwarded for approval of petitioner's appointment is rejected under Endorsement dated 18.06.2024 (Annexure-H). - 4 - NC: 2025:KHC:7318 WP No. 22214 of 2024 4. Learned counsel for the petitioner would submit that the said post was recognized as grant-in-aid post and subsequently on vacancy arising due to superannuation of earlier Teacher, the petitioner was appointed. Therefore, learned counsel would submit that the rejection of the proposal under impugned Endorsement is wholly illegal and unreasonable. 5. Per contra, learned Additional Government Advocate for respondent Nos.1 to 5 would submit that the impugned Endorsement is appealable under Section 130 of the Karnataka Education Act, 1983 (for short '1983 Act') and since he submits that alternate remedy is available, to relegate the petitioner to avail remedy of appeal. 6. Having heard the learned counsel for the parties and on perusal of the writ petition papers, I am of the view that since the petitioner is provided with alternate remedy under Section 130 of the 1983 Act, the petitioner to avail an alternate remedy. When a statute provides for alternate remedy, this Court normally would not entertain - 5 - NC: 2025:KHC:7318 WP No. 22214 of 2024 the writ petition under Article 226 of the Constitution of India. Accordingly, with liberty to the petitioner to avail alternate remedy of appeal under Section 130 of the 1983 Act, the present writ petition stands disposed off. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 37