- 1 - HC-KAR NC: 2025:KHC:40615-DB WA No. 242 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 242 OF 2025 (S-RES) BETWEEN: 1. SMT. MANGALA GOWRI W/O DR NATARAJ AGED ABOUT 61 YEARS, RETIRED ASSOCIATE PROFESSOR D.R.M SCIENCE DEGREE COLLEGE, DAVANGERE- 577004 R/O GHR LAYOUT, SERVICE ROAD, NEAR HOTEL BIG BOSS, NH ROAD 4 CHITRADURGA-577502 AADHAR NO. 824775150114 …APPELLANT (BY SRI. S.M.CHANDRASHEKAR, SENIOR COUNSEL, FOR SRI. BIRADAR SHARANAPPA SHANKERAPPA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH ITS PRINCIPAL SECRETARY, HIGHER EDUCATION, M.S BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU PIN 560001. 2. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40615-DB WA No. 242 of 2025 HIGHER EDUCATION BUILDING, SHESHADRIPURAM ROAD, BENGALURU PIN 560001. 3. THE JOINT DIRECTOR REGIONAL OFFICE OF THE COLLEGIATE EDUCATION DEPARTMENT BEHIND SAHYADRI COLLEGE BOYS HOSTEL SHIMOGA 577 201. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING THAT THIS WRIT APPEAL BE ALLOWED, AND THIS HON'BLE COURT BE PLEASED TO GRANT THE FOLLOWING RELIEFS KINDLY SET ASIDE THE IMPUGNED ORDER DATED 13/01/2025 PASSED IN WP NO.1850/2024 ON THE FILE OF THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT, ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:40615-DB WA No. 242 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) This writ appeal is filed impugning the judgment and order dated 13.01.2025 passed by the learned Single Judge. The learned Single Judge dismissed the writ petition filed by the petitioner on the ground that there is an alternate remedy of appeal under Section 130 of the Karnataka Education Act, 1983 (for short 'the Act'). 2. If any person or governing body is aggrieved by an order passed by an Officer or Authority under the the Act, he may prefer an appeal to the prescribed authority. The appellate authorities are well defined under the provisions of the Karnataka Educational Institutions (Appeal, Revision and Review) (Amendment) Rules 2006. The Commissioner for Collegiate Education is prescribed as Appellate Authority for the colleges under the control of Department of Collegiate Education. 3. We therefore, do not intend to interfere with the impugned judgment and leave it to the appellant to approach the Appellate Authority regarding her demands. - 4 - HC-KAR NC: 2025:KHC:40615-DB WA No. 242 of 2025 4. All contentions of the parties are left open to be urged before the Appellate Authority who shall consider and pass appropriate order in accordance with law expeditiously preferably within two months from the date of filing of the appeal by the appellant. 5. If the appellant herein files the appeal within a period of 15 days, till the decision is taken in the appeal by the Appellate Authority, no coercive measures to be taken against the appellant herein for recovery of the alleged excess amount paid to her. With the aforesaid, the writ appeal is disposed off. Sd/- (D K SINGH) JUDGE Sd/- (RAJESH RAI K) JUDGE RKA List No.: 1 Sl No.: 15