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2025 DAILYLAW 59466 (KAR)

SHRI ANNAPPA TERADAL v. THE STATE OF KARNATAKA

WP/105201/2025 · 2025-07-30

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9423 WP No. 105201 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105201 OF 2025 (EDN-RES) BETWEEN: SHRI. ANNAPPA TERADAL, GRAMEEN ABHIVRUDDI SHIKSHANA SANSTHE’S TERADAL SCIENCE PU COLLEGE, ATHANI. REPRESENTED BY ITS SECRETARY, DR. NANDISH S/O. ANNAPPA TERDAL, AGE: 43 YEARS, OCC: DOCTOR AND SECRETARY OF SHRI ANNAPPA TERDAL GRAMEEN ABHIVRUDDI SHIKSHANA SANSTHE, ATHANI, R/O: # 353 SHIVAGANGA HOSPITAL, ATHANI, TQ: ATHANI, DIST: BELAGAVI KARNATAKA – 591 304. …PETITIONER (BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE DEPARTMENT OF SCHOOL EDUCATION AND LITERACY (PER-UNIVERSITY) VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE DIRECTOR DEPARTMENT OF SCHOOL EDUCATION (PER-UNIVERSITY) AND LITERACY, 18TH CROSS, MALLESHWARAM, BENGALURU – 560 012. Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9423 WP No. 105201 of 2025 3. THE JOINT DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION (PRE- UNIVERSITY) AND LITERACY, 18TH CROSS, MALLESHWARAM, BENGALURU – 560 012. 4. THE DEPUTY DIRECTOR, THE OFFICE OF THE DEPUTY DIRECTOR OF PRE UNIVERSITY EDUCATION CHIKKODI, TQ: CHIKKODI, DIST: BELAGAVI – 591 201. …RESPONDENTS (BY SRI. P.N.HATTI, HCGP FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 22.07.2025 IN REVISION PETITION NO.20/2025 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-G2 IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NOS. 2 TO 4 TO STRICTLY COMPLY WITH AND IMPLEMENT THE ORDER DATED 18.07.2025 PASSED BY THIS HON’BLE COURT IN WRIT PETITION NO.104794/2025 VIDE ANNEXURE- E, BY PERMITTING THE PETITIONER COLLEGE TO FUNCTION AND ENABLING ACCESS TO THE SATS PORTAL, TILL THE DISPOSAL OF THE SAID REVISION PETITION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9423 WP No. 105201 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: I. Issue a Writ of certiorari quashing the impugned order dated 22.07.2025 in Revision Petition No. 20/2025 passed by the respondent no.1 vide Annexure-G2 in the interest of justice and equity. II. Issue a Writ of Mandamus directing respondent nos. 2 to 4 to strictly comply with and implement the order dated 18.07.2025 passed by this Hon’ble Court in Writ Petition No. 104794/2025 vide Annexure- E, by permitting the petitioner college to function and enabling access to the SATS portal, till the disposal of the said revision petition, in the interest of justice and equity. III. Such other writ or order or direction as this Hon’ble Court deems fit on the facts and circumstances of the case in the interest of the justice and equity. 2. What has been challenged in the present petition is the vacating of the interim order in Revision Petition No. 20/25, pursuant to the order dated 22.07.2025. 3. Although the interim order has been vacated, the revision petition continues to remain pending before Respondent No. 1. - 4 - HC-KAR NC: 2025:KHC-D:9423 WP No. 105201 of 2025 4. As already observed, with respect to the interim prayer, the portal has been reopened and shall remain open until 07.08.2025. 5. Instead of merely vacating the interim order, Respondent No. 1 ought to have considered the matter on merits and disposed of the revision petition accordingly. 6. However, Respondent No. 1 has not done so, and the revision petition remains pending without final adjudication. The effect of vacating the interim order without disposing of the main petition has left the matter unresolved. 7. In my considered opinion, rather than this Court embarking on a factual enquiry and deciding the matter on merits, it would be appropriate and proper for Respondent No. 1 to expeditiously decide Revision Petition No. 20/25, which is still pending. Accordingly, Respondent No. 1 is directed to dispose of the said revision petition on merits within 30 days from the date of receipt of a certified copy of this order. - 5 - HC-KAR NC: 2025:KHC-D:9423 WP No. 105201 of 2025 8. With the above observations and directions, the writ petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE VB/CT-ASC List No.: 1 Sl No.: 58