Vinod S/O Giramallappa Baragi vs The State Of Karnataka
2021 Latest Caselaw 3051 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

        DATED THIS THE 29TH DAY OF JULY, 2021

                         BEFORE

     THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

        WRIT PETITION NO. 115026/2019 (S-RES)
BETWEEN:

VINOD S/O GIRAMALLAPPA BARAGI
AGE: 29 YEARS, OCC: SANSKRIT TEACHER
IN PRIVATE SCHOOL,
R/O: BEHIND NEELAKANTESWAR MATH,
MAHALINGAPUR, TQ: MUDHOL,
DIST: BAGALKOTE.
                                             ...PETITIONER
(BY SRI.SHIVARAJ P. MUDHOL, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY,
       EDUCATION DEPARTMENT,
       M.S. BUILDING, BENGALURU-560001.

2.     THE VICE-CHANCELLAR
       THE KARNATAKA SANSKRIT UNIVERSITY,
       PAMPA MAHA KAVI ROAD,
       CHAMARAJ PETH, BENGALURU-560018.

3.     THE DIRECTOR OF SANSKRIT UNIVERSITY
       PAMPA MAHAKAVI ROAD,
       CHAMARAJ PETH, BENGALURU,
       BENGALURU-560018.
                                         W.P.No.115026/2019

                           2



4.   THE BHARAT SANSKRIT EDUCATION SANGH
     RAMPUR, REPRESENTED BY ITS SECRETARY,
     AT: RAMPUR, POST: RABAKAVI,
     TQ: RABAKAVI-BANAHATTI,
     DIST: BAGALKOTE-587314.

5.   SMT.ASWINI W/O BASAPPA KUNTOJI
     R/O: MAIN ROAD, RAMPUR,
     TQ: RABAKAVI-BANAHATTI,
     DIST: BAGALKOTE-587314.

6.   THE HEAD MASTER
     NEELKANTESHWAR SANSKRIT PATHSHALA,
     AT: BANAHATTI, TQ: RABAKAVI-BANAHATTI,
     DIST: BAGALKOTE-587314.
                                           ...RESPONDENTS
(BY SRI. VINAYAK S. KULKARNI, AGA FOR R1;
    SRI. ANOOP DESHPANDE, ADVOCATE FOR R3;
    SRI. S. C. BHUTI, ADVOCATE FOR R4 TO R6;
    SRI. M. C. HUKKERI, ADVOCATE FOR R5)
                            ---

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO:-
     1.   ISSUE WRIT IN THE NATURE OF CERTIORARI TO
          QUASH THE IMPUGNED ORDER DATED 30.08.2019
          IN   NO.Ka.Sum.Ve.Sum.Shene/13/Kha.Hu.Bha.Ne.
          Sum.Pa/2017-18-2/348    ISSUED   BY  THE   3RD
          RESPONDENT VIDE ANNEXURE-A.
     2.   TO ISSUE WRIT IN THE NATURE OF CERTIORARI
          QUASH THE IMPUGNED ORDER DATED 24.08.2019
          IN NO.KasumVe:Sum:Shene/13/Kha Hu Bha Ne Sum
          Pa/2017-18/-2/322    ISSUED    BY   THE    4TH
          RESPONDENT VIDE ANNEXURE-B.
     3.   TO DIRECT THE RESPONDENTS NO.2 TO 4 TO
          APPOINT THE PETITIONER TO THE POST OF
          ASST.TEACHER IN SANSKRIT SUBJECT IN THE 6TH
          RESPONDENT INSTITUTION.
                           ---
                                                      W.P.No.115026/2019

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    THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:

                                   ORDER

Heard the learned counsel for the petitioner,

learned AGA for respondent No.1, learned counsel

Sri.Anup Deshpande for respondent No.3, learned

counsel Sri.S. C. Bhuti, for respondents No.4 and 6,

and learned counsel Sri.M. C. Hukkeri, for respondent

No.5.

2. The petitioner is challenging the orders dated

30.08.2019 and 24.08.2019 vide Annexures - 'A' and

'B' respectively, wherein the 5 t h respondent has been

appointed as an Assistant Teacher in the 6 t h respondent

Institution.

3. Learned AGA and learned counsel appearing

for respondents No.4 to 6 submit that, the petitioner

has got an alternative remedy of appeal under Section

130 of the Karnataka Education Act, 1983 and

therefore, the petition is not maintainable. They also W.P.No.115026/2019

rely upon the judgment of the Division Bench of this

Court in Writ Appeal No.858/2016 in the case of M.

Pakkeerappa Vs. The State of Karnataka.

4. The matter is squarely covered by the

judgment of the Division Bench of this Court in M.

Pakkeerappa's case (supra). The petitioner has got an

efficacious alternative remedy under Section 130 of the

Karnataka Education Act, 1983 and therefore, the writ

petition is not maintainable.

5. Accordingly, the writ petition is dismissed.

However, if the petitioner intends to file an appeal as

against the order at Annexures - 'A' and 'B' herein,

before the 1 s t respondent, Government of Karnataka,

under Section 130 of the Karnataka Education Act,

1983, he shall file the said appeal within a period of

one month from today. If he does not file an appeal

within the said period of one month, he is not entitled

to file an appeal on the strength of this order.

W.P.No.115026/2019

6. If the petitioner files an appeal under Section

130 of the Karnataka Education Act, as stated above,

within a period of one month, the Government shall

consider the appeal on merits and pass appropriate

orders, after hearing all the interested parties and the

appeal shall thereafterwards be disposed of in

accordance with law as expeditiously as possible.

7. All contentions urged by the petitioner in this

petition are left open. Registry is directed to return the

certified copies of the impugned orders Annexures - 'A'

and 'B' to the petitioner.

Sd/-

JUDGE

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