Sri Narasimharaju vs Management Of Mahatma Gandhi
2023 Latest Caselaw 3913 Kant

                                                   -1-
                                                          NC: 2023:KHC:22831
                                                            WP No. 49257 of 2017




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                  DATED THIS THE 03RD DAY OF JULY, 2023

                                                 BEFORE
                                THE HON'BLE MR. JUSTICE E.S. INDIRESH
                               WRIT PETITION NO.49257 OF 2017 (S-RES)

                       BETWEEN:

                       SRI NARASIMHARAJU
                       S/O NARASAPPA
                       AGED ABOUT 60 YEARS,
                       RESIDENT OF NO.10,
                       CHIKKAKALLASANDRA MAIN ROAD,
                       SUBRAMANYAPURA POST,
                       PADMANABHANAGAR,
                       BENGALURU - 560 061.

                                                                    ...PETITIONER
                       (BY SRI. NARASIMHARAJU, PARTY-IN-PERSON)

                       AND:

                       1.    MANAGEMENT OF MAHATMA GANDHI
                             VIDYAPEETA, SHAVIGE MALLESHWARA HILLS,
Digitally signed by
CHAYA S A
                             KUMARA SWAMY LAYOUT,
Location: HIGH COURT         BENGALURU - 560 078.
OF KARNATAKA
                             REP. BY ITS CHAIRMAN.

                       2.    THE PRINCIPAL
                             DAYANANDA SAGAR COLLEGE OF ENGINEERING
                             SHAVIGE MALLESHWARA HILLS,
                             KUMARASWAMY LAYOUT,
                             BENGALURU - 560 078.

                                                                 ...RESPONDENTS
                       (BY SRI. H.M. MURALIDHAR, ADVOCATE)
                                -2-
                                      NC: 2023:KHC:22831
                                         WP No. 49257 of 2017




     THIS WP FILED BY UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE
JUDGMENT PASSED BY THE EDUCATIONAL APPELLATE
TRIBUNAL, BENGALURU CITY ON 05TH AUGUST, 2017 IN MA
(EAT) NO.6 OF 2010 VIDE ANNEXURE-H AND ALLOW THE
APPEAL FILED BY THE PETITIONER BY DIRECTING THE
MANAGEMENT / RESPONDENT TO REINSTATE THE PETITIONER
WITH ALL BACK WAGES AND OTHER CONSEQUENTIAL
BENEFITS; AND ETC.

       THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
                           ORDER

In this writ petition, the petitioner is challenging order

dated 05th August, 2017 passed in MA(EAT) No.6 of 2010 on

the file of the Educational Appellate Tribunal, Bengaluru City

(for short, hereinafter referred to as 'Tribunal'), wherein, the

appeal preferred by the petitioner is dismissed.

2. Heard Sri. Narashimharaju, Petitioner/Party-in-Person

and Sri. H.M. Muralidhar, learned counsel appearing for the

respondents.

3. I have noticed that the Tribunal, after considering the

pleadings on record formulated the points for consideration.

The said questions framed by the Tribunal is contrary to the

judgment of this Court in the case of THE PRESIDENT,

GOLDEN VALLEY EDUCATION TRUST, OORGAUM, KOLAR

NC: 2023:KHC:22831 WP No. 49257 of 2017

GOLD FIELDS vs. THE DISTRICT JUDGE AND

EDUCATIONAL APPELLATE TRIBUNAL, KOLAR AND

OTHERS reported in ILR 1978 KAR 526. The Tribunal is

required to formulate the questions relating to the legality of

the enquiry, wherein the principles of natural justice is

complied with or not. In the event, prima-facie, if the Tribunal

comes to the conclusion that the enquiry held by the

Management is found to be defective, then the validity of the

case on merits has to be considered. In that view of the

matter, impugned order passed by the Tribunal requires to be

set-aside and matter is required to be remanded to the Tribunal

for fresh consideration, after affording an opportunity of

hearing to both the sides and pass appropriate orders in

accordance with law. Accordingly, I pass the following:

ORDER

1) Writ petition allowed;

2) Order dated 05th August, 2017 passed in MA(EAT) No.6 of 2010 on the file of the Educational Appellate Tribunal, Bengaluru city is set aside and the matter is remitted to the Tribunal for fresh consideration in terms of the observation made above;

NC: 2023:KHC:22831 WP No. 49257 of 2017

3) In order to avoid further delay in the matter, as the parties are represented before this Court, they are directed to appear before the Tribunal on 26th July, 2023 at 11.00 a.m. The Tribunal is directed to expedite the matter as the same is pertaining to the year-2010.

SD/-

JUDGE

SB