Karnataka High Court
State Of Karnataka vs Vinoda Veerashettar on 7 December, 2023
Author: K.Somashekar
Bench: K.Somashekar
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WA No. 921 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
WRIT APPEAL NO. 921 OF 2014 (EDN)
BETWEEN:
1. STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF HIGHER EDUCATION
VIDHANA SOUDHA
BANGALORE 560001.
2. THE DIRECTOR OF TECHNICAL EDUCATION
DEPARTMENT OF TECHNICAL EDUCATION
K R CIRCLE
Digitally BANGALORE 560001.
signed by D
K BHASKAR
Location: 3. THE SECRETARY
High Court KARNATAKA EXAMINATION AUTHORITY
of Karnataka 18TH CROSS, MALLESHWARAM
BANGALORE 560012.
4. STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF HIGHER EDUCATION
VIDHANA SOUDHA
BANGALORE 560001.
5. THE DIRECTOR OF TECHNICAL EDUCATION
DEPARTMENT OF TECHNICAL EDUCATION
K R CIRCLE
BANGALORE 560001.
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WA No. 921 of 2014
6. EXECUTIVE DIRECTOR
KARNATAKA EXAMINATION AUTHORITY
18TH CROSS, MALLESHWARAM
BANGALORE 560012.
7. STATE OF KARNATAKA
BY ITS PRL. SECRETARY
DEPARTMENT OF HIGHER EDUCATION
VIDHANA SOUDHA
BANGALORE 560001.
8. THE DIRECTOR OF TECHNICAL EDUCATION
DEPARTMENT OF TECHNICAL EDUCATION
BANGALORE 560001.
9. THE SECRETARY
KARNATAKA EXAMINATION AUTHORITY
18TH CROSS, MALLESHWARAM
BANGALORE 560012.
10. STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF HIGHER EDUCATION
VIDHANA SOUDHA
BANGALORE 560001.
11. THE DIRECTOR
DEPARTMENT OF TECHNICAL EDUCATION
K R CIRCLE
BANGALORE 560001.
12. THE KARNATAKA EXAMINATION AUTHORITY
18TH CROSS
MALLESHWARAM
BANGALORE 560012.
...APPELLANTS
(BY SRI. K S HARISH - GOVERNMENT ADVOCATE)
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WA No. 921 of 2014
AND:
1. VINODA VEERASHETTAR
25 YEARS,
S/O KALAKAPPA VEERASHETTAR
R/AT NO.18, 9TH MAIN
7TH BLOCK, 4TH PHASE
GURURAJA LAYOUT
BSK III STAGE
BANGALORE-560085.
2. SANTOSH A R
23 YEARS
S/O RUDRESH K N
R/AT #18, 9TH MAIN, 7TH BLOCK
4TH PHASE, GURURAJA LAYOUT
BSK III STAGE
BANGALORE 560 085.
3. VINAYAK S INGALAGI
23 YEARS
S/O SHANKAR INGALAGI
R/AT #226, 3RD CROSS
8TH MAIN, 4TH PHASE
7TH BLOCK, GURURAJA LAYOUT
BSK III STAGE, BANGALORE 560 085.
4. RANGANATH R V
25 YEARS
S/O R VISHVANATH
R/AT #18, 9TH MAIN
7TH BLOCK, GURURAJA LAYOUT
BSK III STAGE, BANGALORE 560 085.
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5. RAGHAVENDRA HUGAR
25 YEARS
S/O SHRISHAILAPPA
R/O CHENNAKESHAVASWAMY NILAYA
SRINIVASA REDDY BUILDING
TEACHERS COLONY
4TH CROSS, ANEKAL ROAD
CHANDAPUR, BANGALORE 560099.
6. RAGHAVENDRA HUGAR
27 YEARS
S/O DEVENDRAPPA
R/AT C/O D S HUGAR
DALLALI VATARA
SHAHAPURA PETE
GADAG-582103.
7. RAGHAVENDRA CHIKKORDE
26 YEARS
S/O NARAYANA RAO CHIKKORADE
R/AT #25, KRISHNAGIRI COLONY
ANAND NAGAR ROAD
OLD HUBLI 580024.
8. MANJUNATH HADIMANI
23 YEARS
S/O BASAVARAJA
R/AT SANGAM THEATRE
BHOVI GALLI
SAMBRAMA BUILDING
DHARWAD 580001.
9. VINOTH R
20 YEARS
S/O RAMESH B
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R/AT 189, 23RD MAIN
BTM II STAGE
BANGALORE 560068.
10. ALLWYN DIAS
24 YEARS
S/O PETER
R/A PRAJNA MUROOR ROAD
SIDDINBARI, KUMTA TALUK
U K DISTRICT 581 343.
11. PAWAN NAGARKAR
23 YEARS
S/O MURALIDHAR NAGARKAR
AGED ABOUT 23 YEARS
R/A ESI HOSPITAL QUARTERS
NEAR HUBLI, TOLNAKA
SARASWATIPURA
DHARWAD-580002.
12. THE REGIONAL DIRECTOR
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
SOUTH WESTERN REGIONAL OFFICE
P.K.BLOCK, PALACE ROAD
BANGALORE-560009.
13. THE PRINCIPAL
NETTUR TECHNICAL TRAINING FOUNDATION
PEENYA II STAGE, BANGALORE-560058.
14. ANIL SASALAVAD
25 YEARS
S/O BASAVARAJ
R/A NO.4, PARVATHAMMA BUILDING
4TH CROSS, HEBBAL
BANGALORE-560024.
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15. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
INDIRA GANDHI SPORTS COMPLEX
INDRAPRASTHA ESTATE
NEW DELHI-110001.
16. THE PRINCIPAL
NETTUR TECHNICAL TRAINING FOUNDATION (NTTF)
BY THE PRINCIPAL
PUNE-BANGALORE ROAD
DHARWAD-580001.
17. CHETAN S SIDDANAIKAR
23 YEARS
S/O SHANKAR K SIDDANAIKAR
R/AT NO.210, MAHAVEER VILLOW APARTMENT
NEAR BETLIESDA CHURCH
100 FT ROAD, K.S.TOWN
BANGALORE-560060.
18. SHANKARA GOUDA
24 YEARS
S/O CHAVANAGOUDARA
R/AT DODDANI, KUSUGAL POST
HUBLI TALUK, DHARWAD-580023.
19. SANJEEVKUMAR NAGAPPA BELAVAGI
24 YEARS
S/O NAGAPPA S BELAVAGI
R/AT FOREST QUARTERS
NEAR K.C.PORT
DHARWAD-580001.
20. ARUN SHIVAPPA GIDOJI
22 YEARS
S/O SHIVAPPA S.GIDOJI
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R/O POST WADERAHATTI
GOKAL TALUK
BELGAUM-591224.
21. CHETAN M HANDIGOLMATH
22 YEARS
S/O MAHANATHAIAH
R/AT HULAVI U CHANNABASAWESWARA COMPLEX
II FLOOR, BUTTER MARKET,HUBLI-580020.
22. NITESH ITAGIKAR
23 YEARS
S/O SURYAKANTH ITAGIKAR
R/AT FLAT # 99, BOXITE ROAD
SAYADRINAGAR
BELGAUM-590 001.
23. SHANKARAPPA B DEVIHOSUR
23 YEARS,
R/AT SITE #10, BANASHANKAR
HAVANUR EXTENSION
HESARAGHATTA MAIN ROAD
BANGALORE-560 088.
24. SANTHOSH GANAGI
25 YEARS
S/O SHANKAR
R/AT # 282, I STAGE
5TH MAIN, KHB COLONY
BASAVESHWARNAGAR
BANGALORE-560 079.
25. ROHAN KURBETTI
23 YEARS,
S/O SANJAY KURBETTI
R/AT MAHAVEER VILLOW APARTMENT
FLAT NO. 210
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NEAR BETHESDA CHURCH
100 FT. ROAD, K.S.TOWN
BANGALORE-560 060.
26. VIRESH R BENDRIGERIMATH
24 YEARS
S/O RUDRAIAH
R/AT POST PATTIHAL K.B.
BAILHONGAL TALUK
BELGAUM-591104.
27. RAVI S. JAVALI
S/O SOMASHEKAR JAVALI
R/AT # 4, RAMALINGAREDDY BUILDING
NEAR VISHWANATHA TEMPLE ROAD
B.CHANNASANDRA
BANGALORE-560 047.
28. SAVIO L D SOUZA
25 YEARS
LAWRENCE D SOUZA
R/AT #4, RAMALINGAREDDY BUILDING
NEAR VISHWANATH TEMPLE ROAD
B.CHANNASANDRA
BANGALORE-560 047.
29. KIRAN DEEPAK MATADE
24 YEARS,
S/O DEEPAK MATADE
R/A EWS 145, 6TH CROSS
NAVANAGAR, HUBLI-580025.
30. SHARAD PATIL
23 YEARS
S/O PATREPPAGOUD M PATIL
R/AT D-17, 7TH MAIN
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5TH CROSS, KPTCL OFFICER COLONY
II STAGE, HAL, INDIRANAGAR
BANGALORE-560038.
31. ABHINARY JOSHI
23 YEARS
S/O GURUNAT JOSHI
R/O FLAT # 71/D2
MCL ROAD, HUBLI-580 020.
32. SHIVARAJAKUMAR GONAL
22 YEARS
S/O MALLESHAPPA GONAL
R/AT UNCHAGI POST
HUBLI TALUK
DHARWAD-580 001.
33. GURULINGAYYA NAGAYYA MATH
23 YEARS
S/O NAGAYYA C MATH
R/A SECTOR # 55, HOUSE #78
NAVANAGAR, BAGALKOT-587 103.
34. SHARAD PATTANASHETTY
23 YEARS
S/O VISHWNATH PATTANASHETTY
R/A # 953, II FLOOR, 16TH MAIN
8TH CROSS,
BTM LAYOUT, II STAGE
BANGALORE-560068.
35. UDAYAKUMAR Y.T.ICHANGI
22 YEARS
S/O YALLPPA
R/A # 953 ,II FLOOR
16TH MAIN, 8TH CROSS
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BTM LAYOUT, II STAGE
BANGALORE-560068.
36. JACOB TEJASWI
27 YEARS
S/O HARRY JASMINE JACOB
R/O # 72, 5TH BLOCK
5TH STAGE, YELAHANAKA NEW TOWN
BANGALORE-560064.
37. THE PRINCIPAL
NETTUR TECHNICAL TRAINING FOUNDATION
PEENYA II STAGE
BANGALORE-560058.
38. ALL INDIA COUNCIL FOR TECHINICAL EDUCATION
PALACE ROAD
BANGALORE-560009
BY ITS REGIONAL DIRECTOR.
39. MANJUNATH S.KOPARDE
25 YEARS
S/O SHAMASUNDARA K.KOPARDE
C/O PRADDEP HENDRE
II MAIN,, 3RD CROSS
KALYAN NAGAR
NEAR NAGARBHAVI CIRCLE
BANGALORE-560072.
...RESPONDENTS
(BY SRI MOHAN KUMAR - ADVOCATE FOR
SMT. K. SUBHA ANANTHI - ADVOCATE FOR RESPONDENT NO.13;
SRI. R NAGENDRA NAIK - ADVOCATE FOR RESPONDENTS NO.4,
5 & 8;
RESPONDENTS NO. 6, 10, 11 & 12 SERVED AND
UNREPRESENTED)
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WA No. 921 of 2014
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED
IN THE WRIT PETITION 25771-781/2011 C/W 26226/2011 C/W
26317-336/2011 C/W 26660/2011(EDN), DATED 04/12/2012.
THIS WRIT APPEAL, COMING ON FOR ORDERS, THIS
DAY, K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned GA namely Sri K S Harish is present before
the Court physically. Learned counsel Sri Mohan Kumar in
respect of respondent No.13 is also present and submits
that the appeal is filed challenging the impugned order
dated 04.12.2012 passed by the learned Single judge in
WP Nos.25771- 781/2011 and connected matters, wherein
the learned Single judge allowed the writ petitions and
interim order was made absolute.
Appeal is of the year 2014 and Government is not
ready to take out appropriate process against respondent
Nos.1, 2, 3, 7 and 9 and also to file necessary application
under Order 12 Rule 21 (A) of CPC to participate in this
appeal matter. However, in pursuance of direction issued
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in this appeal, it requires to secure specific instructions
from the competent authority. But the competent
authority said they wants to go through the entire
materials available on record and then only give
instructions to persuade the matter. Appeal is nothing but
continuity of the proceedings. Therefore, it requires
intervention of the impugned order passed by the learned
Single judge on the writ side and so also dwelling in detail
of the annexure documents produced before the learned
Single judge where the proceedings have been initiated by
the parties.
Keeping in view the submission made by the learned
GA in the presence of learned counsel Sri Mohan Kumar
for respondent No.13 the appeal is dismissed as
infructuous.
In the meanwhile, learned GA is directed that if any
instruction given by the Director of the competent
authority same shall be produced for the purpose of
reference.
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IA.No.2/2014 filed seeking condonation of delay
under Section 5 of the Limitation Act. Mere because filing
of this application it cannot be considered as it is only for
audi alteram partem. Therefore, IA.No.2/2014 is also
disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
RJ
