- 1 - HC-KAR NC: 2025:KHC:29072-DB WA No. 985 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 985 OF 2025 (EDN-RES) BETWEEN: SRI CHAND PASHA, S/O SATTAR SAB, AGED ABOUT 60 YEARS, R/AT NO 1/1, 2ND CROSS, 6TH MAIN ROAD, PADARAYANAPURA, BENGALURU-560 026. …APPELLANT (BY SRI. T NARAYANASWAMY, ADVOCATE A/W SRI. BASAVARAJA PATEL G K, ADVOCATE) AND: 1. THE AL JAMIA MOHAMADIYAH EDUCATION SOCIETY, HAVING ITS HEAD OFFICE AT NO.6/A, HAZRAT TERRACE ANNEXE, SHAIKH HAFIUDDIN MARG, MUMBAI-400 008. ALSO AT: THE AL-JAMIA MOHAMADIYAH EDUCATION SOCIETY, THANISANDRA MAIN ROAD, R.K. HEGDE NAGAR, BENGALURU-560 077, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29072-DB WA No. 985 of 2025 REP. BY ITS CHIEF EXECUTIVE OFFICER- MR. KHALID MUSHARRUF, S/O R. ABDUL JALEEL, AGED ABOUT 48 YEARS. 2. STATE OF KARNATAKA, REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF SECONDARY EDUCATION, M.S. BUILDING, DR. B.R. AMBEDKAR ROAD, BENGALURU-560 001. 3. THE COMMISSIONER, PUBLIC EDUCATION DEPARTMENT, NRUPATHUNGA ROAD, BENGALURU-560 001. 4. THE DEPUTY DIRECTOR (ADMN.), DEPARTMENT OF SCHOOL EDUCATION, BENGALURU SOUTH DISTRICT, KALASIPALYA, BENGALURU-560 002. …RESPONDENTS (BY SRI. K.S HARISH G.A, ADVOCATE FOR R-2 TO 4) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO CALL FOR RECORDS RELATING TO THE ORDER DATED 03.06.2025 IN WP No-15588/2025 (EDN-RES) PERUSE THE SAME AND SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE AS ERRONEOUS ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND HON'BLE MR. JUSTICE C M JOSHI - 3 - HC-KAR NC: 2025:KHC:29072-DB WA No. 985 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) The appellant has filed the present appeal impugning an order dated 03.06.2025 passed by the learned Single Judge in WP.No.15588/2025. The operative part of the said decision reads as under: "[A] The petition stands disposed of reserving liberty to the petitioner to avail appellate remedy under Section 130 of the Education Act as against the Order dated 30.05.2025 within the next four (4) weeks from today. [B] The operation of the Order dated 30.05.2025 is stayed observing that all questions must be thoroughly examined by the Appellate Authority if the petitioner avails such remedy in terms of the liberty reserved. [C] This order staying the operation of the order dated 30.05.2025 shall be in force till the disposal of the appeal that the petitioner may prefer within four (4) weeks as now permitted unless opined otherwise by the Appellate Authority by a reasoned order." 2. Learned counsel appearing for the appellant submmits that although respondent No.1 has been - 4 - HC-KAR NC: 2025:KHC:29072-DB WA No. 985 of 2025 relegated to avail of his appellate remedies, the learned Single Judge has proceeded to pass an interim order till the disposal of the appeal. He submits that the appellant is aggrieved by the blanket interim order granted by the learned Single Judge. Notwithstanding that the Appellate Authority which is required to examine the appeal is also empowered to determine whether any interim orders are warranted, additionally, he submits that the interim order would work to the prejudice of the appellant as no time frame has been indicated for disposal of the appeal. 3. After some arguments, learned counsel submits that if a time frame is fixed for disposal of the appeal, his grievance could be addressed to a large extent. He also confirms that respondent No.1 has preferred the appeal in terms of the liberty granted in terms of the impugned order. 4. In view of the above, we conceded to dispose of the present appeal by requesting the Appellate Authority - 5 - HC-KAR NC: 2025:KHC:29072-DB WA No. 985 of 2025 to dispose of the appeal preferred by respondent No.1 as expeditiously as possible and preferably within a period of four months from date. The appellant to communicate this order to the concerned Appellate Authority. All pending applications are disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 31