- 1 - HC-KAR NC: 2026:KHC:13047 WP No. 23377 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 23377 OF 2023 (S-RES) BETWEEN: MOHAN RAI.D AGED ABOUT 44 YEARS S/O K ATHIAPPA RAI R/AT RAI NIVAS MULINJA VILLAGE UPPALA POST KASARGOD 671 322. …PETITIONER (BY SRI. HAREESH BHANDARY.T, ADVOCATE AND SRI. ASHOK KUMAR SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY THE UNDER SECRETARY TO GOVERNMENT DEPARTMENT OF EDUCATION VIDHANA SOUDHA BENGALURU 01. 2. THE MANAGEMENT OF ST JOSEPHS HIGH SCHOOL (AIDED) BAJAL, MANGALORE 575 007. REP BY ITS CORRESPONDNET AND DISCIPLINARY AUTHORITY TERESIAN CARMELITE EDUCATIONAL SOCIETY MYSORE. 3. THE DIRCTOR DEPARTMENT OF PUBLIC INSTUCTIONS (ADMINSTRATION) DAKSHINA KANNADA DISTRICT ZILLA PANCHAYATH BUILDING Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13047 WP No. 23377 of 2023 KOTTARA MANGALORE 575 006. 4. BLOCK EDUCATON OFFICER MANGALORE SOUTH ZONE BOLAR, MANGALURU 575 001 …RESPONDENTS (BY SRI. G. RAMESH NAIK, AGA FOR R-1 R-3 TO R-5 R-2 SERVED BUT UNREPRESENTED) THIS W.P IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER ANNEXURE-A DATED 17/04/2023 PASSED BY THE PRINCIPAL DISTRICT JUDGE, DAKSHINA KANNADA AND THE EDUCATION APPELLATE TRIBUNAL, MANGALORE, IN EAT NO. 6/2016 IN DISMISSING THE APPEAL FOR NON PROSECUTION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “a) Issue writ of certiorari or any other appropriate writ quashing the impugned order ANNEXURE ‘A’ dated 17.04.2023 passed by the Principal District Judge, Dakshina Kannada & The Education Appellate Tribunal, Mangalore, in EAT No.6/2016 in dismissing the appeal for non-prosecution. b) Issue such other relief’s as it deems fit to grant in favour of the petitioner by this Hon’ble Court in view of the facts and circumstances of the case, in the interest of justice.” - 3 - HC-KAR NC: 2026:KHC:13047 WP No. 23377 of 2023 2. Heard learned counsel for the petitioner and learned AGA for respondent Nos.1 and 3 to 5 and perused the material on record. 3. A perusal of the material on record will indicate that by the impugned order at Annexure-A dated 17.04.2023, the Principal District Judge, Dakshina Kannada and the Education Appellate Tribunal, Mangalore (for short “the EAT”) proceeded to dismiss the appeal filed by the petitioner by rejecting the adjournment application filed by the petitioner, as can be seen from the impugned order. 4. In this context, it is pertinent to note that the EAT failed to consider and appreciate the contentions urged in the Memorandum of Facts filed along with the application, wherein it is specifically stated that on account of ill health of the petitioner, it was not possible for him to proceed further in the matter. The inability and omission on the part of the petitioner was due to bonafide reasons, sufficient cause and unavoidable circumstances and as such, by adopting a justice oriented approach and to provide one more opportunity to the petitioner, I deem just and - 4 - HC-KAR NC: 2026:KHC:13047 WP No. 23377 of 2023 appropriate to set aside the impugned order and restore matter back to the file of the EAT. 5. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned order dated 17.04.2023 passed in EAT No.6/2016 by the Principal District Judge, Dakshina Kannada and the Educate Appellate Tribunal, Mangalore, is hereby set aside. (iii) The matter is restored to the file of the EAT. (iv) The petition and respondents are directed to appear before the EAT on 23.03.2026, without awaiting further notice from the EAT, which shall proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 55