Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8319 WP No. 2814 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 2814 OF 2025 (S-RES) BETWEEN:
SRI ARUN K S/O KADAIAH.K.R AGED ABOUT 32 YEARS RESIDENT OF 1ST BLOCK, KERAGODU VILLAGE AND HOBLI, MANDYA TALUK AND DISTRICT-571 446. …PETITIONER (BY SRI. ADITYA BHAT, ADV.)
AND:
1.
THE PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, 2ND GATE, 6TH FLOOR, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560001.
2.
OFFICE OF THE DIRECTOR EDUCATION DEPARTMENT (PRE-UNIVERSITY) 18TH CROSS, MALLESWARAM, BENGALURU-560020 REP. BY COMMISSIONER/DIRECTOR.
3.
DEPUTY DIRECTOR EDUCATION DEPARTMENT (PRE-UNIVERSITY) EX MUNCIPAL COLLEGE, B.M. ROAD, MANDYA DISTRICT-571401.
4.
KALABHAIRAVESHWARA VIDYA SAMSTHE HULIVANA, MANDYA TALUK MANDYA DISTRICT-571446 REP. BY ITS SECRETARY. …RESPONDENTS (BY SRI.NAVEEN CHANDRASHEKAR, AGA FOR R1-R3)
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8319 WP No. 2814 of 2025
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (I) QUASH THE IMPUGNED ENDORSEMENT DATED 13.09.2023 BEARING NO. DPUE- EST3-PP (LPC)/ 1/2003-ADMN-DEPARTMENT OF PRE-UNIVERSITY EDUCATION ISSUED BY THE 1ST RESPONDENT PRODUCED AT ANNEXURE-A; (II) DIRECT THE 1ST RESPONDENT TO ADMIT THE PETITIONER UNDER GRANT IN AID CODE FOR THE POST OF LECTURER IN ENGLISH DEPARTMENT IN THE 3RD RESPONDENT INSTITUTION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S.G.PANDIT
ORAL ORDER
Heard the learned counsel Sri.Aditya Bhat, for petitioner and perused the writ petition papers.
2. The petitioner who is claiming to be working as Lecturer in English in the fourth respondent – Educational Institution is before this Court questioning the endorsement bearing No.DPUE-EST30PP(LPC)/1/2023- ADMN-DEPARTMENT OF PRE UNIVERSITY EDUCATION dated 30.09.2023 (Annexure-A) wherein proposal to approve his appointment is rejected.
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NC: 2025:KHC:8319 WP No. 2814 of 2025
3. The endorsement is issued by the Commissioner, Department of Pre-University Education. Sections 130 and 131 of the Karnataka Education Act, 1983 (for short, ‘1983 Act’) provides alternate remedy to the petitioner. When a statute provides alternate remedy, normally this Court would not entertain the writ petition under Article 226 of the Constitution of India.
4. The grievance of the petitioner rejecting proposal for approval of his appointment would be a matter for availing alternate remedy provided under the 1983 Act.
5. In the above circumstances, I decline to entertain the writ petition. Accordingly, writ petition stands
disposed of with liberty to the petitioner to avail alternate remedy.
SD/- (S.G.PANDIT) JUDGE NC CT:bmsList No.: 1 Sl No.: 22