Karnataka High Court
The State Of Karnataka vs Sri Bommalingeshwara Vidya ... on 30 November, 2021
Bench: Alok Aradhe, Anant Ramanath Hegde
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF NOVEMBER 2021
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR.JUSTICE ANANT RAMANATH HEGDE
W.A. NO.993 OF 2021 (S-RES)
IN
W.P.No.30645 OF 2018 (S-RES) &
W.P.No.32906 OF 2018 (S-RES)
BETWEEN:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT
PRIMARY AND SECONDARY EDUCATION
M S BUILDING,
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001.
2. THE ADDL. SECRETARY TO GOVERNMENT
AND COMPETENT AUTHORITY
PRIMARY AND SECONDARY EDUCATION
M S BUILDING,
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001.
3. THE COMMISSIONER
PRE-UNIVERSITY EDUCATION DEPARTMENT
18TH CROSS,
SAMPIGE ROAD
MALLESHWARAM,
BENGALURU - 560 003.
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4. THE DEPUTY DIRECTOR
PRE-UNIVERSITY EDUCATION DEPARTMENT
TUMKUR DISTRICT, TUMKUR.
... APPELLANTS
(BY MR. G.V. SHASHIKUMAR, AGA)
AND:
1. SRI. BOMMALINGESHWARA VIDYA SAMSTHE (R)
REPRESENTED BY ITS SECRETARY
SRI BOMMAIAH LINGA SWAMY
S/O SRI S B MAHALINGAIAH
AGED ABOUT 31 YEARS
OCC AGRICULTURIST
R/T SHIDLEKONA GOPALA DEVANAHALLI POST
SIRA TALUK, TUMKUR DISTRICT 572 125.
2. SMT. PANKAJA K G
W/O SRI. MANJUNATHA
D/O SRI SUPAPPA
AGED ABOUT 28 YEARS
OCC ASSISTANT TEACHER
R/AT SHIDLEKONA GOPALA DEVARAHALLI POST
SIRA TALUK, TUMKUR DISTRICT - 572 125.
... RESPONDENTS
(BY MR. M.P. SRIKANTH, ADV., FOR R1 & R2)
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, CALL FOR RECORDS. SET ASIDE THE ORDER
DATED 13.11.2019 IN WRIT PETITION NO.30645/2018 (S-RES)
AND WRIT PETITION NO.32906/2018 (S-RES) PASSED BY THE
LEARNED SINGLE JUDGE.
THIS W.A. COMING ON FOR PRELIMINARY HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
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JUDGMENT
Mr.G.V.Shashi Kumar, learned Additional Government
Advocate for the appellant.
Mr.M.P.Srikanth, learned counsel for the respondent
Nos.1 and 2.
This intra Court appeal has been filed under Section 4
of the Karnataka High Court Act, 1961 against the order
dated 13.11.2019 passed by the learned Single Judge.
2. The aforesaid order was passed by the learned
Single Judge by placing reliance on an order passed by this
Court dated 28.05.2019 in W.P.No.26838/2018. It is not in
dispute that against the aforesaid order, an appeal was
preferred before the Division Bench of this Court which
admittedly has been dismissed vide order dated 09.03.2021
in W.A.No.477/2020.
3. For the reasons assigned in the judgment dated
09.03.2021 passed in W.A.No.477/2020 and with a view to
maintain parity, this appeal is also disposed of on the same
terms and similar directions.
4. In view of the disposal of the appeal, the pending
interlocutory applications do not survive for consideration
and are accordingly disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
RV
