- 1 - HC-KAR NC: 2025:KHC:33997 WP No. 13509 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13509 OF 2024 (S-RES) BETWEEN: 1. MARIMALLAPPA’S EDUCATION INSTITUTION SEETHAVILAS ROAD MYSURU 570023 REP. BY ITS HONARARY SECRETARY 2. MARIMALLAPPA’S P U COLLEGE RAMVILAS ROAD K R MOHALLA MYSURU 570023 REP. BY ITS PRINCIPAL …PETITIONERS (BY SRI. M.VEERABHADRAIAH., ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY THE GOVT. OF KARNATAKA DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, 6TH FLOOR M S BUILDING BENGALURU 560001 2. THE DIRECTOR THE GOVT. OF KARNATAKA DEPARTMENT OF PRE UNIVERSITY EDUCATION 18TH CROSS, MALLESHWARAM BENGALURU 560012 3. THE JOINT DIRECTOR THE GOVT OF KARNATAKA DEPARTMENT OF PRE UNIVERSITY EDUCATION 18TH CROSS MALLESHWARAM BENGALURU 560012 4. SRI A S MALLIKARJUNASWAMY S/O S SIDDAPPA Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33997 WP No. 13509 of 2024 AGED ABOUT 40 YEARS R/AT NO 2431, 1ST CROSS HOSABANDIKERI NANJUMALIGE MYSURU 570004 …RESPONDENTS (BY SRI. SIDHARTH BABURAO, AGA FOR R1 TO R3: R4 PARTY-IN-PERSON) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE 2ND RESPONDENT DIRECTOR OF PRE UNIVERSITY EDUCATION, GOVT. OF KARNATAKA, BENGALURU MAINTAINED IN APPEAL NO. 02/2023 AND ENTIRE RECORDS FROM THE 1ST RESPONDENT PRINCIPAL SECRETARY, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION GOVT., OF KARNATAKA BENGALURU IN RELATED TO REVISION PETITION NO. 58/2023 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, challenging the order dated 02.05.2024 passed by the second respondent vide Annexure-A. 2. The fourth respondent was working at the petitioner – Education Institution. By order dated 29.03.2014, he has been relieved from the service. Being aggrieved by the same, the fourth respondent has - 3 - HC-KAR NC: 2025:KHC:33997 WP No. 13509 of 2024 approached the Karnataka Educational Appellate Tribunal (‘EAT’ for short), Mysuru in EAT No.11/2014 (Annexure-D) under Section 94 of the Karnataka Education Act 1983. The appeal filed by the fourth respondent has been allowed by the EAT, by order dated 27.03.2017 (Annexure-D2). Being aggrieved by the same, the petitioners herein filed a writ petition before this Court in W.P.No.24642/2017. This Court, by order dated 12.04.2023 (Annexure-E) allowed the writ petition holding that the appeal filed by the fourth respondent herein before the EAT under Section 94 of the is not maintainable. The writ petition was allowed and the order dated 27.03.2017 was quashed reserving liberty to the fourth respondent - employee to approach the competent authority under the Karnataka Education Act, 1983. Thereafter, the respondent – employee filed a revision before the Secretary under Section 131 of the Karnataka Education Act (Annexure-F). The same has been treated as Revision Petition No.58/2023. By order dated - 4 - HC-KAR NC: 2025:KHC:33997 WP No. 13509 of 2024 17.06.2023 (Annexure-F2), the revisional authority - the Additional secretary directed the respondent - employee to approach the appellate authority under Section 130 of the Karnataka Education Act. Thereafter, the respondent – employee filed a petition before the Director of Pre- University Education, Government of Karnataka under Section 130 of the Karnataka Education Act. The petition has been numbered as Petition No.2/2023 (Annexure-H). Thereafter, the respondent – employee filed a writ petition before this Court in W.P.No.13590/2023. This Court, by order dated 07.07.2023 (Annexure-G), disposed of the writ petition directing the Directorate of Pre University Education to dispose of the petition as expeditiously as possible, within an outer limit of three months from the date of receipt of the certified copy. Thereafter, this Court in W.P.No.14869/2023 and connected matters disposed of on 04.09.2023 (Annexure-J), directed the Director of Pre- University to first decide whether the appeal is maintainable. If the appeal is not maintainable, the - 5 - HC-KAR NC: 2025:KHC:33997 WP No. 13509 of 2024 Director has been directed to transfer the case to the Secretary of Department of Education under Section 131 of the Education Act. The relevant paragraphs are extracted below: “10. Having regard to the fact that the party is appearing in person, I deem it appropriate to direct the Director of Pre University Education to consider the appeal filed by the petitioner in Petition No.2 of 2023 expeditiously, keeping in mind the time limit that has been prescribed in Writ Petition No.24642 of 2017. 11. If the Director of Pre University Education is of the view that the petition filed before him is without jurisdiction and the same would have to be decided by the Secretary of the Education Department under Section 131 of the Act, he shall at once transfer the petition to the Secretary, who shall thereafter decide the claim of the petitioner within a period of three months from the date on which he receives the record.” 3. Thereafter, the petitioners herein raised an objection before the Director that the appeal is not maintainable. Inspite of that, the Director of Pre- - 6 - HC-KAR NC: 2025:KHC:33997 WP No. 13509 of 2024 University passed the impugned order allowing the appeal. Being aggrieved by the same, the petitioners are before this Court. This Court, on an earlier occasion in W.P.No.24642/2017 on 12.04.2023 has clearly held that the appeal filed by the petitioner under Section 94 of the Education Act is not maintainable before the EAT, the petitioner has to approach the competent authority under the Karnataka Education Act. Section 130 of the Karnataka Education Act is extracted below: “30. Appeals. - Save as otherwise provided in this Act, any person or Governing Council, aggrieved by an order passed by an officer or authority under this Act may within the prescribed period prefer an appeal to the prescribed appellate authority.” 4. From a reading of the above provision, it is very clear that the appeal is maintainable only against the order passed by an officer or an authority under this Act. The order which is challenged by the respondent – employee is an order passed by the Management. - 7 - HC-KAR NC: 2025:KHC:33997 WP No. 13509 of 2024 Therefore, the appeal under Section 130 of the Karnataka Education Act is not maintainable. The only remedy available to the petitioner is to file a revision under Section 131 of the Karnataka Education Act. This Court in W.P.No.14869/2023 has clearly directed the Director to decide the issue, thereafter transfer the matter to the Secretary, Department of Education, to decide the case under Section 131 of the Education Act. The Director has erred in entertaining the appeal under Section 130 of the Karnataka Education Act. 5. In view of the above, the following order is passed: (i) The writ petition stands disposed of. (ii) The order dated 02.05.2024 passed by the second respondent in Appeal No.2/2023 vide Annexure-A and the order dated 17.06.2023 passed by the first respondent in Revision - 8 - HC-KAR NC: 2025:KHC:33997 WP No. 13509 of 2024 Petition No.58/2023 vide Annexure F2 are quashed. (iii) The second respondent is directed to transfer Appeal No.2/2023 to the first respondent, within ten days from today. (iv) The parties are directed to appear before the first respondent on 22.09.2025, without any notice. (v) The first respondent is directed to treat Appeal No.2/2023 as a revision under Section 131 of the Karnataka Education Act and dispose of the same, within two months from the date of appearance of the parties. (vi) In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 44