Pavitra D/O Sharanappa Pujari vs The State Of Karnataka
2023 Latest Caselaw 9553 Kant

Karnataka High Court

Pavitra D/O Sharanappa Pujari vs The State Of Karnataka on 6 December, 2023

Author: S.Sunil Dutt Yadav

Bench: S.Sunil Dutt Yadav

                                                   -1-
                                                    NC: 2023:KHC-D:14244-DB
                                                           WA No. 100464 of 2023




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                              DATED THIS THE 6TH DAY OF DECEMBER, 2023
                                                PRESENT
                             THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
                                                   AND
                              THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
                                 WRIT APPEAL NO. 100464 OF 2023 (S-RES)


                      BETWEEN:


                           PAVITRA D/O. SHARANAPPA PUJARI,
                           AGE. 30 YEARS, OCC. NIL,
                           RESIDING AT POST. BANDALA,
         Digitally
                           TALUK. SINDGI, DISTRICT. VIJAYAPURA-586111.
         signed by
         VINAYAKA
VINAYAKA B V
BV       Date:                                                            ...APPELLANT
         2023.12.11
         10:46:51     (BY SRI. H.M. DHARIGOND, ADVOCATE)
         +0530


                      AND:
                      1.   THE STATE OF KARNATAKA,
                           REP. BY CHIEF SECRETARY,
                           VIDHANA SOUDHA, BENGALURU-560001.

                      2.   THE PRINCIPAL SECRETARY,
                           EDUCATION DEPARTMENT,
                           VIDHANA SOUDHA, BENGALURU-560001.

                      3.   THE COMMISSIONER,
                           PUBLIC INSTRUCTIONS DEPARTMENT,
                           (EDUCATION DEPARTMENT),
                           KALABURAGI-585107.

                      4.   DEPUTY DIRECTOR OF
                           PUBLIC INSTRUCTIONS (ADMN),
                           BELLARY DISTRICT. BELLARY 583104.

                      5.   THE BLOCK EDUCATION OFFICER,
                           SIRIGUPPA, BELLARY DISTRICT 583121.
                             -2-
                            NC: 2023:KHC-D:14244-DB
                                    WA No. 100464 of 2023




6.   SRI. VEERABHADRESHWARA VIDYA SAMSTHE (REGD.)
     GANDHIJI HIGH SCHOOL, HALAKUNDI,
     REPRESENTED BY SECRETARY
     HALAKUNDI 583102, TQ. AND DIST. BELLARY.
                                              ...RESPONDENTS

(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1 TO R5,
SRI. SANTOSH MALLIGOUD, ADVOCATE FOR
SRI. P.N. HATTI, ADVOCATE FOR R6)

     THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO, SET-ASIDE
THE ORDER DATED 22-02-2023 PASSED IN WRIT PETITION IN
W.P.NO.201982/2021 PASSED BY THE LEARNED SINGLE JUDGE AND
ALLOW THE WRIT PETITION FILED BY THE APPELLANT HEREIN IN
ENTIRETY IN THE INTEREST OF JUSTICE AND EQUITY.

      THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, VIJAYKUMAR A.PATIL J., DELIVERED THE FOLLOWING:

                        JUDGMENT

Learned counsel for the appellant after arguing the

matter for sometime, seeks leave of this Court to withdraw

W.P.No. 201982/2021 with liberty to approach respondent

Nos.1 to 5 seeking prayer to consider the petitioner's

request for appointment on compassionate ground, in view

of the provisions contained under Rule 3 of the Karnataka

Educational Institutions (Recruitment and Terms and

Conditions of Service of Employees in Private Aided

NC: 2023:KHC-D:14244-DB

Primary and Secondary Educational Institutions) Rules,

1999.

2. The said prayer of the petitioner is accepted.

The petitioner is permitted to withdraw the writ petition

with liberty as sought for.

3. It is made clear that the Authority while

considering the case of the petitioner shall consider the

same strictly in accordance with law without being

influenced by the observations made in these proceedings.

Accordingly, the present appeal stands disposed off.

Sd/-

JUDGE

Sd/-

JUDGE

VP