- 1 - HC-KAR NC: 2025:KHC-D:13616-DB WP No. 107366 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF OCTOBER 2025 PRESENT THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE S.RACHAIAH WRIT PETITION NO. 107366 OF 2025 (S-KAT) BETWEEN: KUMARI. LATA D/O. LATE BASAVARAJ, AGED ABOUT 44 YEARS, WORKING AS PRINCIPAL, MINORITIES MORARJI DESAI RESIDENTIAL SCHOOLS, HIREKODI, CHIKKODI, TALUK, BELAGAVI DISTRICT-591247, R/AT. PRINCIPAL QUARTERS, MINORITIES MORARJI DESAI RESIDENTIAL SCHOOLS, HIREKODI, CHIKKODI TALUK, BELAGAVI DISTRICT-591247. - PETITIONER (BY SRI. ARAVIND D.UPADHYE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINORITY WELFARE HAJ AND WAKF, VIKASA SOUDHA, BANGALORE-560001. 2. THE DIRECTOR AND DISCIPLINARY AUTHORITY, OFFICE OF THE DIRECTORATE OF MINORITY, 21TH FLOOR, VISHVESHWARYA TOWER, DR. B R AMBEDKAR ROAD, BANGALORE-560001. 3. THE DISTRICT OFFICER, DEPARTMENT OF MINORITY WELFARE, BELAGAVI DISTRICT, RAMATHIRTHA NAGAR, BELAGAVI-590016. - RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE) Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2025.10.06 10:09:23 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13616-DB WP No. 107366 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF A WRIT, QUASHING THE ORDER DATED 22.09.2025 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI BENCH, IN APPLICATION NO.11004/2025 (ANNEXURE-A), WHEREBY INTERIM RELIEF WAS DECLINED, AS THE SAME IS ILLEGAL, ARBITRARY AND CONSEQUENTLY, TO GRANT THE INTERIM RELIEF AS PRAYED FOR IN APPLICATION NO.11004/2025 PENDING BEFORE THE HON’BLE TRIBUNAL AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE S.RACHAIAH ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.NATARAJ) The petitioner has challenged an order dated 22.09.2025 passed by the Karnataka State Administrative Tribunal at Belagavi (for short, the ‘Tribunal’) in Application No. 11004/2025 by which the request of the petitioner for an exparte interim order of stay of suspension was not granted. 2. The facts as pleaded in the writ petition disclose that the petitioner is the Principal of Morarji Desai Residential - 3 - HC-KAR NC: 2025:KHC-D:13616-DB WP No. 107366 of 2025 School in Hirekodi of Chikkodi Taluk. It appears that on 12.09.2025, several students started vomiting and complaining of stomach pain due to suspected food poisoning. The petitioner had shifted all the affected students to Taluka Hospital, Chikkodi, for treatment. The petitioner claims that the condition of the students stabilized and they had recovered and were discharged. 3. The petitioner contends that a show cause notice was issued to the Hostel Warden and the Cooks of Hostel on 13.09.2025 calling upon them to submit explanation regarding the incident. The petitioner claims that she submitted a detailed report on 13.09.2025 to the respondent No.3. She also submitted another report to the respondent No.3 on 13.09.2025 stating that 66 students had recovered and were discharged and were handed over to their parents. She contends that despite all the earnest measures taken by her she was placed under suspension in terms of the impugned order dated 13.09.2025. The - 4 - HC-KAR NC: 2025:KHC-D:13616-DB WP No. 107366 of 2025 petitioner challenged the said order of suspension before the Tribunal which however did not grant any ex-parte interim order of stay of order of suspension but issued notice to the Government Advocate. Hence the petitioner is before this Court. 4. The learned counsel for the petitioner contends that the Job Chart dated 07.12.2024 issued to the employees of the Hostel clearly indicate that it was the responsibility of the Warden to ensure that the food served to students at the Hostel is clean and hygienic. He submits that since Warden is now placed under suspension there was no need for the respondents to take drastic step of suspension of the petitioner even though she was not guilty of any mismanagement. He therefore contends that the Tribunal committed an error in not granting an ex-parte order which has affected her service of the petitioner. 5. Learned Government Advocate on the other hand submitted that a large number of students were affected by - 5 - HC-KAR NC: 2025:KHC-D:13616-DB WP No. 107366 of 2025 the food served in the hostel and therefore the Tribunal after taking into consideration the seriousness of the issue had rightly refused any interim relief to the petitioner. He therefore contends that there is no error in the discretion exercised by the Tribunal warranting interference. 6. We have considered the submission of the learned counsel for the petitioner as well as the learned Government Advocate for the respondent. 7. The petitioner was suspended from service on 13.09.2025 and the order of suspension discloses that several students who had consumed food in the Hostel had complained of severe pain in the stomach which was later found out to be due to food poisoning. The order also discloses that vegetables used for preparing the food in the hostel were rotten. It also discloses that the Directorate of Minorities had visited the hostel on 26.08.2025 and had directed the concerned to ensure cleanliness in the Hostel and also to use quality vegetables in preparing food for the - 6 - HC-KAR NC: 2025:KHC-D:13616-DB WP No. 107366 of 2025 students in the hostel. Nonetheless none of the officials of the Hostel had taken any steps in that regard. It is in that context that the petitioner was suspended from service. 8. The Tribunal while considering the case of the petitioner must have considered the bonafides of the petitioner in taking steps soon after the incident was reported. It must have also considered the job chart of the various staff in the hostel to ascertain who was responsible for playing with the lives of the students in the hostel. Therefore, without going into the question whether the exercise of discretion by the Tribunal to refuse an interim order was prayed or not, we consider it appropriate that pending consideration of the interim relief by the Tribunal, the order of suspension of the petitioner has to be stayed which however is subject to a condition which is imposed below. 9. In view of the above, this writ petition is allowed in part. The impugned order passed by the respondent No.2 - 7 - HC-KAR NC: 2025:KHC-D:13616-DB WP No. 107366 of 2025 bearing No. Aa.Sam.Ni/Adm/MoDeVaSha(Aa.Kaa)/CR-50/ 2025-26 dated 13.09.2025 is stayed till the Tribunal passes appropriate orders regarding interim relief sought by the petitioner. This is however subject to the condition that the petitioner shall henceforth have all her meals along with the students in the Hostel and the meals served to the petitioner shall be served to the students also. Sd/- (R.NATARAJ) JUDGE Sd/- (S.RACHAIAH) JUDGE BVV Ct:VH List No.: 1 Sl No.: 2