Karnataka High Court
Peoples Education Society vs Hari Prakash S P on 11 July, 2023
Bench: Alok Aradhe, Anant Ramanath Hegde
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT APPEAL NO.805 OF 2017 (S-RES)
C/W
WRIT APPEAL NO.806 OF 2017 (S-RES)
WRIT APPEAL NO.807 OF 2017 (S-RES)
IN WRIT APPEAL NO.805/2017:
BETWEEN:
1. PEOPLES EDUCATION SOCIETY,
REPRESENTED BY ITS SECRETARY,
50 FEET ROAD, HANUMANTHANAGAR,
BSK 1ST STAGE,
BANGALORE - 560 050.
2. PES INSTITUTE OF TECHNOLOGY,
100 FEET ROAD, BSK III STAGE,
BANGALORE - 560 085. ...APPELLANTS
(BY SRI S.N.MURTHY, SR.COUNSEL FOR
SRI SOMASHEKAR, ADVOCATE)
2
AND:
1. THIMMAIAH T,
S/O THIMMAIAH G,
AGED ABOUT 43 YEARS,
NAGADEVANAHALLI,
GNANABHARATHI POST,
BEHIND MARAMMA TEMPLE,
BANGALORE-560056.
1A. SMT. RENUKAMMA,
W/O LATE SRI.T.THIMMAIAH,
GNANABHARATHI POST,
BEHIND MARAMMA TEMPLE,
NAGADEVANAHALLI,
BENGALURU - 560 056.
1B. SRI.NAVEEN YADAV.N.T,
S/O LATE SRI.T.THIMMAIAH,
GNANABHARATHI POST,
BEHIND MARAMMA TEMPLE,
NAGADEVANAHALLI,
BENGALURU - 560 056.
1C. MISS. GEETHA.T,
D/O LATE SRI.T.THIMMAIAH,
GNANABHARATHI POST,
BEHIND MARAMMA TEMPLE,
NAGADEVANAHALLI,
BENGALURU - 560 056.
NOTE: THE RESPONDENTS NOS.1A,
1B AND 1C ARE ADDED AS PER KIND
ORDER DATED: 18.01.2022.
2 . CHIKKANNA N,
S/O GIRIAPPA,
AGED ABOUT 24 YEARS,
NO.1, POLOHALLI,
M KARAMANGALA POST,
MADUBALU HOBLI,
MAGADI TALUK,
RAMANAGARA DISTRICT-562120.
3 . SHIVANNA N,
S/O NAGAIAH,
AGED ABOUT 37 YEARS,
POLOHALLI, MADABAL HOBLI,
KARALAMANGALA POST,
RAMANAGARA DISTRICT-562120.
4. JAYANNA N,
S/O JAVARAPPA,
AGEAD ABOUT 37 YEARS,
NAGADEVANAHALLI,
MARAMMA TEMPLE ROAD,
GNANABHARATHI POST,
KENGERI HOBLI,
BANGALORE - 560 056.
5. C DEVANAND,
S/O CHIKKAIAH B K,
AGED ABOUT 35 YEARS,
NO.49, 1ST CROSS,
BAGEGOWDA LAYOUT,
100 FEET ROAD, HOSAKEREHALLI,
BSK III STAGE,
BANGALORE-560085.
6 . HUCHAPPA,
S/O GABARIGOWDA,
AGED ABOUT 38 YEARS,
KANAKAR POST,
MAYASANDRA HOBLI,
TURUVEKERE HOBLI,
TUMKUR DISTRICT-572225.
7 . GEETHA,
W/O RAMAIAH M,
AGED ABOUT 45 YEARS,
# 62, GOTTIGERE,
POLLINAPALLINAGAR,
RAJARAJESHWARINAGAR,
BANGALORE-560098.
8 . YELLAPPA T S,
S/O SIDDAPPA,
AGED ABOUT 49 YEARS,
NO.322, CHANDRA LAYOUT,
ARUNDATHINAGAR,
BANGALORE-560072.
9 . RUKMINAMMA,
W/O RAJAPPA,
AGED ABOUT 55 YEARS,
NO.310, T R SHAMANNANAGAR,
RAJAPPA LAYOUT, SRINAGAR,
BANGALORE-560050.
10 . KUMARI,
W/O GOPAL,
AGED ABOUT 37 YEARS,
VEERABHADRANAGAR,
CHURCH ROAD, 2ND CROSS,
BSK III STAGE,
BANGALORE-560085.
11 . KRISHNA S,
S/O GANAPPA,
AGED ABOUT 35 YEARS,
NO.11, 1ST MAIN, 1ST CROSS,
VEERABHADRANAGAR,
100 FEET ROAD, BSK III STAGE,
BANGALORE-560085.
12 . PRABHAKAR S PATIL,
S/O SHARANAPPA PATIL,
AGED ABOUT 43 YEARS,
NO.6, 1ST MAIN ROAD,
1ST CROSS, RAMOHALLI POST,
KENGERI HOBLI,
BANGALORE-560060.
13 . THIMMAPPA D S,
S/O DODDADASAPPA,
AGED ABOUT 33 YEARS,
DODDAGOLLARAHATTI,
GNANABHARATHI POST,
KENGERI HOBLI,
BANGALORE-560056.
14 . THIMMAPPA D,
S/O CHIKKADASAPPA,
AGE ABOUT 36 YEARS,
NAGADEVANAHALLI,
DODDAGOLLARAHATTI,
GNANABHARATHI POST,
KENGERI HOBLI,
BANGALORE-560056.
15 . JAYANNA C,
S/O CHITRAPPA,
AGED ABOUT 38 YEARS,
NAGADEVANAHALLI, 1ST CROSS,
GNANABHARATHI POST,
KENGERI HOBLI,
BANGALORE-560056.
16 . GOVINDA RAJU,
S/O BASAPPA,
AGED ABOUT 36 YEARS,
NO.216, 4TH CROSS,
CHAMUNDINAGAR,
HOSAKEREHALLI, BSK III STAGE,
GIRINAGAR POST,
BANGALORE - 560085.
17 . JUNJAPPA,
S/O ALATAPPA,
AGED ABOUT 32 YEARS,
NAGADEVANAHALLI,
NEAR MARAMMA TEMPLE,
GNANABHARATHI POST,
KENGERI HOBLI,
BANGALORE-560056.
18 . MUNIRAJU M,
S/O MUTHAIAH,
AGED ABOUT 48 YEARS,
NO.66, RAJARAJESHWARINAGAR,
PATTANAGERE,
BANGALORE-560098.
18A. SMT. SHAKUNTHALA,
W/O LATE SRI.MUNIRAJU.M,
NO.84, PATTANAGERE,
RAJARAJESHWARINAGAR,
BENGALURU - 560 098.
18B. B.M.CHAITHANYA,
D/O LATE SRI.MUNIRAJU.M,
NO.66, PATTANAGERE,
RAJARAJESHWARINAGAR,
BENGALURU - 560 098.
18C. SRI.C.BHARATH RAJ,
S/O LATE SRI.MUNIRAJU.M,
NO.84, PATTANAGERE,
RAJARAJESHWARINAGAR,
BENGALURU - 560 098.
NOTE: THE RESPONDENTS NOS.18A,
18B AND 18C ARE ADDED
AS PER KIND ORDER DATED 18.01.2022.
19 . SHIVAKUMARI,
W/O DEVRAJ,
AGED ABOUT 33 YEARS,
NO.30, 5TH MAIN ROAD,
3RD CROSS, 100 FEET ROAD,
BSK III STAGE,
BANGALORE-560085.
20 . GIRESH,
S/O CHIKKANNA,
AGED ABOUT 25 YEARS,
MAGADI TALUK, MAKABAL HOBLI,
KARAMANGALA POST,
POLAHALLI TALUK,
RAMANAGARA DISTRICT-562120.
21 . CHANDRASHEKAR B N,
S/O NARASIMHAIAH,
AGED ABOUT 31 YEARS,
NO.56/87, 10TH MAIN ROAD,
5TH CROSS, RAGHAVENDRA BLOCK,
SRINAGAR, BANGALORE-560050.
22 . SRINIVASA M,
S/O MUNISWAMAIAH,
AGED ABOUT 48 YEARS,
NO.49, 4TH MAIN ROAD,
SRIRAMANAGAR, BSK III STAGE,
BANGALORE-560085.
23 . SURESH M,
S/O MARIGOWDA,
AGED ABOUT 31 YEARS,
NO.246, 1ST MAIN ROAD,
5TH CROSS, VEERABHADRANAGAR,
100 FEET ROAD, BSK III STAGE,
BANGALORE-560085.
24 . CHANDRASHEKAR M H,
S/O HONNEGOWDA T,
AGE ABOUT 37 YEARS,
MATHIKERE, SHETTIHALLI POST,
MALUR HOBLI,
CHANNAPATNA TALUK,
RAMANAGARA DISTRICT-571501.
25 . SHIVARAJ,
S/O KARIYAPPA,
AGED ABOUT 28 YEARS,
POLLALLI, MAGADI TALUK,
MADABAL HOBLI,
KARAMANGALA POST,
RAMANAGARA DISTRICT-562120.
26 . SURESH KUMAR P,
S/O POOJARAMAIAH,
AGED ABOUT 27 YEARS,
NO.30, 1ST MAIN, 1STCROSS,
VEERABHADRANAGAR,
100 FT. ROAD, BSK III STAGE,
BANGALORE-560085.
27 . MANJUNATH T,
S/O THIMMAIAH T,
AGED ABOUT 26 YEARS
# 123, 1ST CROSS
NAGADEVANAHALLI
GNANABHARATHI POST
KENGERI HOBLI
BANGALORE-560056.
28 . RAMANNA K,
S/O KALLAIAH,
AGED ABOUT 31 YEARS,
DODDAGOLLARAHATTI,
GNANABHARATHI POST,
BANGALORE-560056.
29 . ROOPA R,
W/O VISHWANATH,
AGED ABOUT 30 YEARS,
NO.18, 7TH CROSS, 12TH MAIN,
T R SHAMANNA NAGAR,
SRINAGAR,
BANGALORE-560050.
30 . DASEGOWDA,
S/O GANGANNA,
AGED ABOUT 27 YEARS,
BETHALLI GOLARATI,
KODHUR HOBLI, MAGADI TALUK,
SRIGIRAPURA POST,
RAMANAGARA DISTRICT-562120.
31 . RANGAIAH M,
S/O MASAIAH,
AGED ABOUT 28 YEARS,
NO. 88, NAGADEVANAHALLI,
GNANABHARATHI POST,
KENGERI HOBLI,
BANGALORE-560056.
32 . DODDAYYA,
S/O CHIKKONAIAH,
AGED ABOUT 36 YEARS,
MALEDODDI,
CHANNAPATNA TALUK,
RAMANAGARA DISTRICT-571501.
33 . MAHARAJ SHARMA,
S/O HUNASHARMA DAS,
AGED ABOUT 36 YEARS
NO.60, 2ND CROSS, D'SOUZA NAGAR,
HOSKEREHALLI, BSK 3RD STAGE,
BANGALORE-560085.
34 . GAYATHRI C,
W/O VENKATARAJU,
AGED ABOUT 45 YEARS,
NO.23, D"SOUZA NAGAR,
BSK 3RD STAGE,
BANGALORE-560085.
35 . K N KALPANA,
W/O RAVI,
AGED ABOUT 35 YEARS,
NO.14, 7TH MAIN ROAD,
5TH CROSS, DWARAKANAGAR,
BSK III STAGE,
BANGALORE-560085.
36 . T KUMAR,
S/O THIMMAPPA T,
AGED ABOUT 30 YEARS,
NAGADEVANAHALLI,
GNANABHARATHI POST,
KENGERI HOBLI,
BANGALORE-560056.
37 . UDAY KUMAR,
S/O RAMESHBABU,
AGED ABOUT 29 YEARS,
NO.410, 10TH MAIN ROAD,
8TH CROSS, BSK III STAGE,
BHUVANESHWARINAGAR,
BANGALORE-560085.
38 . M JAVARAPPA,
S/O MARAIAH J,
AGED ABOUT 24 YEARS,
DODDAGOLLARAHATTI,
GNANABHARATHI POST,
BANGALORE-560056.
39 . VASUDEVA B C,
S/O CHIKKAIAH B K,
AGED ABOUT 37 YEARS,
NO.59, 1ST CROSS,
BAGEGOWDA LAYOUT,
100 FEET ROAD, HOSAKEREHALLI,
BSK III STAGE, BANGALORE-560085.
40 . VIJAYKUMAR M,
S/O MARAPPA,
AGED ABOUT 27 YEARS,
NO.123, 1ST MAIN, 2ND CROSS,
NAGADEVANAHALLI,
GNANABHARATHI POST,
BANGALORE-560056.
41 . RAJU M C,
S/O CHIKKONAIAH,
AGED ABOUT 26 YEARS,
MALEDODDI, CHANNAPATNA TALUK,
RAMANAGARA DISTRICT-571501.
42 . VENKATAPPA M,
S/O MARISWAMY,
AGED ABOUT 29 YEARS,
RAMPURA POST,
CHANNAPATNA TALUK,
RAMANAGARA DISTRICT-571501.
43 . MAHALINGAYYA,
S/O E CHIKKAIAH,
AGED ABOUT 25 YEARS,
POLLALLI, MAGADI TALUK,
MADABAL HOBLI,
KARAMANGALA POST,
RAMANAGARA DISTRICT-562120.
44 . KOWLAPPA T,
S/O THAMMAYAPPA,
AGED ABOUT 25 YEARS,
NAGADEVANAHALLI,
GNANABHARATHI POST,
KENGERI HOBLI,
BANGALORE-560056.
45 . RAMANNA S,
S/O SANNAPPA,
AGED ABOUT 34 YEARS,
NO.88, NAGADEVANAHALLI,
GNANABHARATHI POST,
KENGERI HOBLI,
BANGALORE-560056.
46 . M SURESH,
S/O MALLAIAH,
AGED ABOUT 25 YEARS,
NAGADEVANAHALLI,
MARAMMA TEMPLE,
GNANABHARATHI POST,
BANGALORE-560056.
47 . M KRISHNAPPA,
S/O MASAIAH,
AGED ABOUT 26 YEARS,
NO. 28, 2ND MAIN, 2ND CROSS,
NAGADEVANAHALLI,
GNANABHARATHI POST,
KENGERI HOBLI,
BANGALORE-560056.
48 . AJAY KUMAR,
S/O MALAPPA,
AGED ABOUT 32 YEARS,
NAGADEVANAHALLI,
MARAMMA TEMPLE ROAD,
GNANABHARATHI POST,
KENGERI HOBLI,
BANGALORE-560056.
49 . G N BASAMANI,
W/O CHIKKATHAMMIAH,
AGED ABOUT 35 YEARS,
PATTANAGERE,
RAJARAJESHWARINAGAR,
BANGALORE-560098.
50 . NARASIMHAIAH N,
S/O NARASIMHAIAH,
AGED ABOUT 49 YEARS,
NO.20, 17TH MAIN ROAD,
K.S.B. QUARTERS,
VIJAYANAGAR 2ND PHASE,
BANGALORE-560040.
51 . V K VINAY,
S/O KULLEGOWDA,
AGED ABOUT 27 YEARS,
NO.164, VITTALAPURA,
K R PETE TALUK,
BUKANAKERE,
MANDYA DISTRICT-571426.
52 . RANGASWAMY D,
S/O DODASAPPA,
AGED ABOUT 28 YEARS,
DODDAGOLLARAHATTI,
GNANABHARATHI POST,
KENGERI, BANGALORE-560056.
53 . MASAIAH K,
S/O KARIYAPPA,
AGED ABOUT 26 YEARS,
8TH MAIN ROAD, R R LAYOUT,
NAGADEVANAHALLI,
NEAR R.S.B. SCHOOL,
BANGALORE-560056.
54 . KASTURI,
W/O RANGASWAMY,
AGED ABOUT 40 YEARS,
NO.274, VEERABHADRANAGAR,
6TH CROSS, BSK II STAGE,
BANGALORE-560070.
55 . JAGADEESH,
S/O HANUMANTHAIAH,
AGED ABOUT 29 YEARS,
NO.506, 18TH CROSS,K B COLONY,
GIRINAGAR, III PHASE,
BANGALORE-560085.
56 . CHIKKANNA,
S/O GIRIAPPA,
AGED ABOUT 24 YEARS,
NO.1, POLOHALLI M,
KARAMANGALA POST,
MADUBALU HOBLI,
MAGADI TALUK,
RAMANAGARA DISTRICT-562120.
57 . DINESH KUMAR,
S/O BOREGOWDA,
AGED ABOUT 26 YEARS,
NO.11, 3RD CROSS,
D"SOUZANAGAR,
BANGALORE-560085.
58 . LOKESH M,
S/O MARIRANGAIAH,
AGED ABOUT 23 YEARS,
DODDAGOLLARAHATTI,
NAGADEVANAHALLI,
GNANABHARATHI POST,
KENGERI HOBLI,
BANGALORE-560056.
59 . JAYANTHI K,
W/O SRINIVAS T N,
AGED ABOUT 42 YEARS,
NO.961, HOSAKEREHALLI,
4TH MAIN ROAD, BSK III STAGE,
KALIDASANAGAR,
BANGALORE-560085.
60 . RANGASWAMY T,
S/O THIMMAIAH,
AGED ABOUT 26 YEARS,
NO.98, 1ST MAIN ROAD,
1ST CROSS, NAGADEVANAHALLI,
GNANABHARATHI POST,
KENGERI HOBLI,
BANGALORE-560056.
61 . JAVARAPPA,
S/O CHITHAPPA
AGED ABOUT 25 YEARS,
NAGADEVANAHALLI,
BEHIND MARAMMA TEMPLE,
GNANABHARATHI POST,
KENGERI HOBLI,
BANGALORE-560056.
62 . GIRISWAMY,
S/O CHIKKANNA,
AGED ABOUT 24 YEARS,
POLOHALLI M,
KARAMANGALA POST,
MADUBALU HOBLI,
MAGADI TAUK,
RAMANAGARA DISTRICT-562120.
63 . SURESHA H,
S/O PATTAPPA,
AGED ABOUT 27 YEARS,
DODDAGOLLARAHATTI,
JNANABHARATHI POST,
BANGALORE - 560056.
64 . N KUMARA,
S/O NAGARAJ,
AGED ABOUT 23 YEARS,
NAGADEVANAHALLI,
GNANABHARATHI POST,
KENGERI HOBLI,
BANGALORE-560056.
65 . MANJUNATHA D,
S/O DODDAIAH,
AGED ABOUT 50 YEARS,
NO.53, 2ND PHASE,
SRI BHUVANESHWARINAGAR,
DOBIGHAT, BANGALORE-560019.
66 . A K MOHAN KUMAR,
S/O KENGAGOWDA,
AGED ABOUT 23 YEARS,
NO.26, AREALPAHALLI,
HOSAKERE HOBLI,
NAGAMANGALA TALUK,
MANDYA DISTRICT-571426.
67 . B V VIJAYKUMAR,
S/O BERANNAGOWDA,
AGED ABOUT 23 YEARS,
BADRALLI NAGMANGALA TALUK,
MANDYA DISTRICT - 571426.
68 . P NARASIMHAMURTHY,
S/O POOJARAMAIAH,
AGED ABOUT 38 YEARS,
NO.30, 1ST MAIN ROAD,
1ST CROSS, VEERABHADRANAGAR,
100 FEET ROAD, BSK III STAGE,
BANGALORE - 560085.
69 . SRINIVASA K R,
S/O RAMACHANDRA,
AGED ABOUT 22 YEARS,
KACHHIGERE, MANDYA TALUK,
MANDYA DISTRICT-571426.
70 . K M SATYA MURTHI,
S/O MAHADEVA,
AGED ABOUT 25 YEARS,
NO.218, 8TH MAIN ROAD,
NAGADEVANAHALLI, R R LAYOUT,
KENGERI HOBLI,
BANGALORE-560085.
71 . S MANJUNATH,
S/O SRINIVAS,
AGED ABOUT 25 YEARS,
NO.31/1, 4TH MAIN ROAD,
4TH CROSS, A D HALLI,
MAGADI MAIN ROAD,
BANGALORE-560079.
72 . K PREMKUMAR,
S/O KEMPAIAH,
AGED ABOUT 29 YEARS,
BHADRAPURA, HEJJALA POST,
BIDADI HOBLI,
RAMANAGARA DISTRICT-562120.
73 . J JAGADISHA,
S/O JAYARAMMA,
AGED ABOUT 22 YEARS,
NO.68, 2ND CROSS,
BHEEMANAKUPPE CROSS,
RAMOHALLI, KENGERI,
BANGALORE - 560 060.
74 . CHIKKANNA V,
S/O VEERANNA,
AGED ABOUT 28 YEARS,
NAGADEVANAHALLI,
MARAMMA TEMPLE ROAD,
GNANABHARATHI POST,
KENGERI HOBLI,
BANGALORE-560056.
75 . G B KUMARA,
S/O BELLIAPPA,
AGED ABOUT 27 YEARS,
GOLARDUDDI, HALASANDRA POST,
CHANNAPATANA TALUK,
RAMANAGARA DISTRICT-571501.
76 . SHIVA K D,
S/O DASAPPA,
AGED ABOUT 23 YEARS,
NO.11, KEERANAKALA DODDI,
ANJANAPURA POST,
RAMANAGARA DISTRICT-562120.
77 . NAVEENA S,
S/O SIDDEGOWDA,
AGED ABOUT 26 YEARS,
NO.01, 2ND FLOOR, 2ND CROSS,
VINOBA LAYOUT,
AVALAHALLI NEW EXTENSION,
BANGALORE-560026.
78 . AVINASH S,
S/O SHIVANNE GOWDA,
AGED ABOUT 23 YEARS,
NO.20, 1ST MAIN ROAD,
1ST CROSS, ESHWARI SCHOOL
ROAD, HOSAKEREHALLI,
BSK III STAGE,
BANGALORE-560085.
79 . KUMARA K,
S/O KANTHA,
AGED ABOUT 26 YEARS,
NO.95, 3RD MAIN ROAD,
100 FEET ROAD,
JANASHAKTHINAGAR,
HOSAKEREHALLI,
BSK III STAGE,
BANGALORE-560085.
80 . C T RAVINDRA KUMARA,
S/O THAMAIAH,
AGED ABOUT 38 YEARS,
NO.32, MUNISWARA NAGAR,
HOSEKEREHALLI,
BSK 3RD STAGE,
BANGALORE-560085.
81 . GIRISHA B,
S/O BOJAPPA,
AGED ABOUT 25 YEARS,
NAGADEVANAHALLI,
JNANABHARATHI POST,
BANGALORE-560056.
82 . E SAGAYA RAJ,
S/O ENASAPPA,
AGED ABOUT 34 YEARS,
NO.203, VERABHADRANAGARA,
4TH CROSS, HOSAKEREHALLI,
BSK 3RD STAGE,
BANGALORE-560085.
83 . MAN BHADUR,
S/O RAMBAHADUR,
AGED ABOUT 39 YEARS,
NO.203, VERABHDRANAGARA,
4TH CROSS, HOSAKEREHALLI,
BSK 3RD STAGE,
BANGALORE-560085.
84 . SATHYA RANI,
W/O AROKYADAS,
AGED ABOUT 45 YEARS,
NO.133, 8TH CROSS,
OPP PESIT COLLEGE,
VEERABHADRA NAGAR,
BANGALORE-560085.
85 . SARASWATHI S,
W/O RAVI V R,
AGED ABOUT 30 YEARS,
NO.42, 10TH CROSS,
BALAJI NAGAR, ITTAMADU,
BSK 3RD STAGE,
BANGALORE-560085.
86 . YAMUNAMMA,
W/O SUBRAMANYA,
AGED ABOUT 48 YEARS,
NO.42, 10TH CROSS,
BALAJI NAGAR, ITTAMADU,
BSK 3RD STAGE,
BANGALORE-560085.
87 . MANJU,
W/O BHASKAR,
AGED ABOUT 32 YEARS,
NO.2, 14TH A MAIN ROAD,
HOSAKEREHALLI MAIN ROAD,
BANGALORE-560085.
88 . SUSHEELAMMA,
W/O JAYARAMU,
AGED ABOUT 35 YEARS,
NO.222, B JANATHA COLONY,
1ST CROSS, MARIYAPPANA PALYA,
JANANABHARATHI POST,
BANGALORE-560056.
89 . THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
M.S.BUILDING, BANGALORE - 560 001.
90 . THE DIRECTOR OF TECHNICAL EDUCATION,
PALACE ROAD, BANGALORE - 560 001.
91 . ALL INDIA COUNCIL OF TECHNICAL
EDUCATION (AICTE),
REPRESENTED BY ITS CHAIRMAN,
7TH FLOOR, CHANDERLOK BUILDING,
JANPATH NEW DELHI - 110 001.
92 . VISVESVARAYA TECHNOLOGICAL UNIVERSITY,
BELGAUM - 590 018,
REPRESENTED BY ITS REGISTRAR.
...RESPONDENTS
(BY SRI V LAKSHMI NARAYAN, SR.COUNSEL FOR
SRI V SRINIVAS, ADVOCATE FOR R1(A-C), R2-17,
R18(A-C) AND R19 - R88,
SRI B RAJENDRA PRASAD, AGA FOR R89 AND R90,
SRI H.R.SHOWRI, ADVOCATE FOR, R91,
SRI SANTHOSH S NAGARALE, ADVOCATE FOR R92)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT PRAYING TO SET
ASIDE THE ORDER DATED 29.12.2016 PASSED IN WRIT
PETITION NOS.5693-5780/2014 AND DISMISS THE WRIT
PETITIONS NOS.5693-5780/2014, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN WRIT APPEAL NO.806/2017:
BETWEEN:
1. PEOPLES EDUCATION SOCIETY,
REPRESENTED BY ITS SECRETARY,
50 FEET ROAD, HANUMANTHNAGAR,
BSK 1ST STAGE,
BANGALORE - 560 050.
2. PES PHARMACY COLLEGE,
REPRESENTED BY ITS PRINCIPAL,
50 FEET ROAD, HANUMANTHNAGAR,
BSK 1ST STAGE,
BANGALORE 560 050. ...APPELLANTS
(BY SRI S.N.MURTHY, SR.COUNSEL FOR
SRI SOMASHEKAR, ADVOCATE)
AND:
1. HARI PRAKASH S P,
S/O PUTTASWAMY,
AGED 43 YEARS,
NO.109, MANGANAHALLI
SULIKERE POST,
YESHWANTHPUR HOBLI,
BANGALAORE - 560 060.
2. G SHANTHAMMA,
W/O GIRIYAPPA,
AGED ABOUT 40 YEARS,
3RD MAIN 3RD CROSS,
PPLC POORNAPRJNA LAYOUT,
KATRIGUPPE,
BANGALORE - 560085.
3. BASAVARAJU Y,
S/O YELLAPPA,
AGED ABOUT 41 YEARS,
NO.53, DUBASI PALYA, NK PHARM,
RV COLLEGE POST, MYSORE ROAD,
BANGALORE 560059.
4. PADMA,
W/O GUNDSHETTY,
AGED ABOUT 36 YEARS,
NO.82, AGS LAYOUT,
SRINIVAS COLONY, 4TH CROSS,
SUBRAMANYAM NAGAR POST,
BANGALROE - 560084.
5. HANUMANTHA Y K,
S/O KENCHAIAH,
AGED ABOUT 36 YEARS,
NO.36/A 7TH CROSS
MARUTHI NAGAR, ITTMADU,
BANGALORE - 560 085.
6. KANTHARAJ K,
S/O KARIYAPPA
AGED ABOUT 34 YEARS
POLOHALLI,
KARAAMANGALA POST,
MADBAL HOBLI, MAGADI TALUK,
RAMANAGARA DISTRICT - 562 120.
7. TIMMESH D,
S/O DASAPPA,
AGED ABOUT 37 YEARS,
NO.36, DHARAMSHASTA NILAYA,
4TH CROSS, GOPALAPPA LAYOUT,
MANORAYANA PALYA,
SULTAN PALYA,
BANGALORE 560 032.
8. MANJUNATH D,
S/O DASAPPA,
AGED ABOUT 28 YEARS,
NAGADEVANAHALLI,
JNANABHARATHI POST,
BANGALORE 560056.
9. T V LOKESH,
S/O VENKATARAMU,
AGED ABOUT 28 YEARS,
NO.115/20 5TH CROSS 5TH MAIN,
DP LAYOUT, BSK 3RD STAGE,
BANGALORE 560085.
10. S NIRMALA,
W/O DINESH,
AGE ABOUT 43 YEARS,
NO.198/1, GAVIPURAM WEST,
BANGALORE - 560 019.
11. PRAKASH M,
S/O MANJEGOWDA,
AGED ABOUT 29 YEARS,
NO.19, MUNESHWAR NAGAR,
NEAR GOVT ITI COLLEGE,
HOSAKEREHALLI,
BANGALORE - 560085.
12. SRINIVASA MURTHY N,
S/O NARAYANAPPA,
AGED ABOUT 29 YEARS
NO.24/1, 13TH CROSS, 2ND MAIN,
B K NAGAR, YESHWANTHPUR,
BANGALORE - 560 022.
13. M S MAHALINGAIAH,
S/O SANNAIH,
AGED ABOUT 31 YEARS,
MARASHETTAHALLI POST,
GOLLARAHATTI,
KADABA HOBLI,
TUMKUR DISTRICT 572 225.
14. ANIL KUMAR C R,
S/O RAJU, AGE: 24YEARS,
NO.109, MANGANAHALLI SULIKERE POST,
YESHWANTHAPURA HOBLI,
BANGALORE - 560060.
15. ANAND KUMAR M,
S/O MALLAIAH,
AGED ABOUT 26 YEARS,
NAGDEVANAHALLI,
DODDAGOLLARAHATTI,
JNANABHARATI POST,
BANGALORE 560056.
16. B MANJUNATHA,
S/O BOREGOWDA,
AGED ABOUT 31 YEARS,
NO.261, 6TH MAIN,
SRINAGAR PIPELINE,
BANGALORE - 560 050.
17. MAHENDRA S,
S/O SHIVANNA,
AGED ABOUT 27 YEARS,
NO.1212, MATHA STREET KOTE,
CHANNAPATTANA,
RAMANAGAR - 562 160.
18. HEMANTHA,
S/O LATE KARIYAPPA,
AGED ABOUT 38 YEARS,
POLOHALLI,
KARAMANGALA POST,
MADBALU HOBLI,
MAGADI TALUK,
RAMANAGAR DISTRICT - 562 120.
19. R P MADESH,
S/O PAPANNA,
AGED ABOUT 36 YEARS,
RAMPURA HOBLI,
CHENNAPATTANA TALUK,
RAAMANAGARAA DISTRICT - 571 501.
20. MARAYYA,
S/O UCHAPPA,
AGED ABOUT 48 YEARS,
NAGADEVANA HALLI
NEAR BOOTHAPPA TEMPLE,
I MAIN, I D CROSS,
BANGALORE - 560056.
21. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
M.S.BUILDING,
BANGALORE-560 001.
22. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES.
REPRESENTED BY ITS REGISTRAR.
4TH T BLOCK, JAYANAGAR,
BANGALORE-560 041.
23. ALL INDIA COUNCIL OF
TECHNICAL EDUCATION (AICTE),
7TH FLOOR, CHANDERLOK BUILDING,
JANPATH,
NEW DELHI-110 001.
24. PHARMACY COUNCIL OF INDIA,
COMBINED COUNCILS BUILDING,
KOTLA ROAD, AIWAN-E-GHALIB MARG,
NEW DELHI-110 002.
...RESPONDENTS
(BY SRI V LAKSHMI NARAYAN, SR.COUNSEL FOR
SRI V SRINIVASA, ADVOCATE FOR R1-R10 & R12-20
SRI B RAJENDRA PRASAD, AGA FOR R21,
M/S D.L.J.ASSTS., FOR R22,
SMT.SONA M BADIGER, ADVOCATE FOR R23,
SRI S.S.HAVERI, ADVOCATE FOR R24)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE HIGH COURT ACT, 1961 PRAYING TO SET-ASIDE THE
ORDER DATED 29.12.2016 PASSED IN W.P.NOS.805-
824/2014 AND DISMISS THE WRIT PETITIONS NOS.805-
824/2014, IN THE INTEREST OF JUSTICE AND EQUITY.
IN WRIT APPEAL NO.807/2017:
BETWEEN:
1. PEOPLES EDUCATION SOCIETY,
REPRESENTED BY ITS SECRETARY,
50 FEET ROAD, HANUMANTHANAGAR,
B.S.K. 1ST STAGE,
BANGALORE-560 050.
2. PES POLYTECHNIC,
REPRESENTED BY ITS PRINCIPAL,
50 FEET ROAD, HANUMANTHA NAGAR,
B.S.K. 1ST STAGE,
BANGALORE-560 050. ...APPELLANTS
(BY SRI S N MURTHY, SR.COUNSEL FOR
SRI SOMASHEKAR, ADVOCATE)
AND:
1. CHINNAPPA,
S/O. RAMANNA,
AGED ABOUT 43 YEARS,
NO.619, KENGUNTE,
BBMP HOSPITAL, 5TH MAIN,
BANGALORE-560 056.
2. T. K. GANGADHARAIAH,
S/O. KEMPANNAIAH,
AGED ABOUT 38 YEARS,
NO.7, BYDARAHALLI,
ULLALA MAIN ROAD,
BANGALORE-560 091.
3. MURALI G
S/O. GOVINDARAJ,
AGED ABOUT 52 YEARS,
NO.1356, 5TH CROSS,
ASHOK NAGAR, N.R. COLONY,
BANGALORE-560 050.
4. SUBRAMANI N.E,
S/O. EERAPPA,
AGED ABOUT 40 YEARS,
#635, 4TH CROSS,
JAYANAGAR, TILAK ROAD,
KOLAR DISTRICT-563 102.
5. MANJU. J,
S/O. JAVARAPPA,
AGED ABOUT 35 YEARS,
#154, 4TH MAIN, 4TH CROSS,
SRINIVASA NAGAR, BSK 1ST STAGE,
BANGALORE-560 050.
6. GOWRAMMA,
W/O. CHINNAIAH,
AGED ABOUT 44 YEARS,
#3/10, SRINIVAS NILAYA,
2ND CROSS, VIVEKANANDA NAGAR,
BSK 3RD STAGE,
BANGALORE-560 085.
7. MANJUNATH. H,
S/O. HUCHCHAHANUMAIAH,
AGED ABOUT 30 YEARS,
#619, KENGUNTE,
BBMP HOSPITAL, 5TH MAIN,
BANGALORE-560 056.
8. B. M. KUMAR,
S/O. LATE MUDDAIAH,
AGED ABOUT 44 YEARS,
#46, 1ST MAIN, SAPTAGIRI LAYOUT,
HANUMAGIRI MANDIRA,
NAGARABHAVI, 9TH BLOCK,
2ND STAGE, BANGALORE-560 072.
9. N. RENUKA
D/O. C. NANJAIAH,
AGED ABOUT 29 YEARS,
#11/A, 50 FEET ROAD,
10TH CROSS,
RAGHAVENDRA BLOCK,
SRINAGAR,
BANGALORE-560 050.
10. SACHIN NAYAK
S/O. BHARAT NAYAK,
AGED ABOUT 24 YEARS,
1/18, 3RD MAIN, 4TH CROSS,
DATTATREYA NAGAR,
BSK 3RD STAGE,
BANGALORE-560 085.
11. ANIRUDDHA KULKARNI
S/O. SHYAMARAO KULKARNI,
AGED ABOUT 24 YEARS,
#163, 12TH CROSS, 1ST BLOCK,
R.T. NAGAR,
BANGALORE-560 032.
12. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
M.S. BUILDING,
BANGALORE-560 001.
13. THE DIRECTOR OF TECHNICAL EDUCATION
PALACE ROAD,
BANGALORE-560 001. ...RESPONDENTS
(BY SRI V LAKSHMI NARAYAN, SR.COUNSEL FOR
SRI V SRINIVAS, ADVOCATE FOR R1 TO R20,
SRI B RAJENDRA PRASAD, AGA FOR R12 & R13)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
HIGH COURT ACT, 1961 PRAYING TO SET-ASIDE THE ORDER
DATED 29.12.2016 PASSED IN W.P.NOS.825-835/2014 AND
DISMISS THE WRIT PETITIONS NOS.825-835/2014, IN THE
INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS HAVING BEEN HEARD AND
RESERVED FOR JUDGMENT ON 07.07.2023, COMING ON
FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, ANANT
RAMANATH HEGDE J., DELIVERED THE FOLLOWING:
JUDGMENT
This intra Court appeal is filed under Section 4 of the
Karnataka High Court Act, 1961, against the judgment
dated 29.12.2016 passed in Writ Petitions No.805-
824/2014 clubbed with Writ Petitions 825-835/2014
clubbed with Writ Petitions No.5693-5780/2014.
2. In terms of the aforementioned order, the
learned single judge has allowed the Writ Petitions and has
directed the Peoples Education Society (hereinafter
referred as 'University' as the third respondent is
established as University in the year 2013) to pay the
same pay scale to the petitioners as applicable to
corresponding posts in Government Educational
institutions. Further, a direction is issued to pay arrears of
the pay scale to the petitioners from the date of the
petition till realization along with 6% interest per annum.
3. Aggrieved by the aforementioned order, the
University and the institutions run by it are in appeal.
4. The parties to the proceedings are referred to
as per their designation in the writ petitions.
5. Facts giving rise to the filing of these appeals
are as under:
The University is said to be an autonomous
University established in the year 2013, running various
educational institutions. The petitioners are the non-
teaching staff employed under the University in various
education institutions managed and run by the University.
These facts are not in dispute.
6. The Writ Petitions are filed on the premise that
the petitioners are entitled to the equal pay on par with
the Government employees working in corresponding posts
in the Government Educational institutions. The Writ
petitions are primarily structured on the premise that Rule
5 of the Karnataka Private Educational Institution
(Discipline and Control) Rules, 1978 (hereafter for short
referred to as the 'Rules, 1978'), provide for pay on par
with government employees holding corresponding posts
in educational institutions.
7. It is further urged that sub-section 3 of Section
146 of The Karnataka Education Act, 1983 (hereafter for
short referred to as the 'Act of 1983') provides that the
Rules repealed in terms of Act of 1983, continued to
operate if the corresponding rules are not framed under
the Act of 1983. It is urged by the petitioners that the Act
of 1983 does not provide for any rules corresponding to
Rules, 1978 applicable to the institutions under which they
are employed, as such the petitioners are entitled to the
benefit of Rule 5 of Rules, 1978 referred to above.
8. The Writ petitions were resisted by the
respondents, mainly on the premise that the appellants are
not governed by Rules, 1978 and the University being a
private entity, is governed by its own rules and the
petitioners are not entitled to any relief claimed in the
petitions. It is also urged that the University is not a State
within the meaning of Article 12 of the Constitution of
India and the Writ petitions are not maintainable against
the University.
9. Learned Single Judge interalia held that Rule 5
of the Rules, 1978 is applicable in view of Section 146(3)
of the Act of 1983, which deals with the repeal and
savings. Accordingly, the Writ Petitions were allowed.
Hence, these appeals.
10. Heard Sri. S.N.Murthy, learned Senior counsel
appearing for the appellants (respondents No. 2 and 3 in
the writ petitions) and Sri. Lakshminarayana, learned
Senior counsel appearing for the respondents (petitioners
in the writ petitions).
11. Learned Senior counsel appearing for the
appellants raised the following contentions:
(a) The appellant-University is a private university
and as such it is not a State within the meaning of Article
12 of the Constitution of India. Thus, the Writ Petitions to
enforce the private rights of the petitioners who are the
employees of the private university is not maintainable.
(b) The appellant University is not governed by
any statute in respect of matters pertaining to the service
conditions of its employees. The service conditions of the
employees of the appellant-universities fall in the realm of
contract between university and employees as such any
dispute in this regard cannot be raised in a writ petition
under Article 226 of the Constitution of India.
(c) Under Karnataka Educational Institutions
(Collegiate Education) Rules, 2003, Rule 27 provides for
payment of salary to the non-teaching staff of a collegiate
educational institution on par with the employees of the
State Government and the legislature consciously has not
enacted any such Rules as far as the employees of private
educational institutions. Thus, it is to be construed that the
legislature has consciously not framed any Rules providing
equal pay for the employees of the private educational
institutions on par with the government employees holding
corresponding posts in government educational
institutions.
(d) The petitioners had approached the conciliation
officer under the Industrial Dispute Act raising an industrial
dispute. Since the alternative remedy was availed by the
petitioners, they cannot invoke the writ jurisdiction.
(e) Section 2(27) of the Act of 1983, defines the
expression 'Private educational institution' and Clause(b) of
said provision excludes University established and
administered by any law in addition to other institutions
named in the remaining Clauses of Section 2(27) the Act
of 1983. Hence, the Act of 1983 is not applicable to the
University
12. Learned Senior counsel appearing for the
petitioners/respondents submitted the following:
(a) The third respondent was initially a Society
registered under the Societies Registration Act and
thereafter, the institutions run by the 3rd respondent are
affiliated with Vishweshwaraiah Technological University
(VTU) and later in the year 2013 is established as an
autonomous university under Karnataka Act No.16 of 2013
"PES University Act, 2013'. Thus, it is governed by the
provisions contained in UGC (Establishment and
Maintenance of Standards in Private Universities) and UGC
(Approval of Colleges offering technical Education by
University) Regulations, 2013. It is further urged that
earlier to the establishment of the PES University, the
institutions run by the appellants were affiliated to the VTU
University Act, 1994. It is further urged that the PES
University has framed C & R Rules for its employees and
even if the Act of 1983 is held not applicable, still the
appellants are bound to pay salary on par with the
government employees holding corresponding posts in
Government educational institutions.
(b) Under Sub Section 3 of Section 146 of the Act
of 1983, Rules 1978, will continue to operate if the rules
are not framed under the Act of 1983 in respect of the
matters applicable to the institutions governed under the
Rules 1978.
(c) By virtue of Section 1(3)(iv) of the Act of
1983, the Act of 1983 continues to apply to the University
and institutions under it.
(d) Karnataka Educational Institutions (Collegiate
Education) Rules, 2003 is not applicable to the institutions
run by the appellant university.
13. This Court has considered the impugned order
passed by the learned Single Judge and perused the
grounds urged in the Writ Petitions.
14. From the grounds urged in the writ petitions as
well as from the reasonings assigned in the impugned
order passed by the learned Single Judge, it is apparent
that the writ petitions are filed claiming right under Rule 5
of 1978 Rules. The learned Single Judge thereafter while
referring to Sub-section 3 of Section 146 of the Act, 1983
has held that Rule 5 of the Rules, 1978 continued to apply
to the institutions run by the appellants as no Rules are
framed under the Act, 1983 governing the payment of
salary of the employees of the private educational
institutions. Only on the aforesaid short ground the Writ
Petitions were allowed.
15. The contentions sought to be raised prima-facie
appear to be pure questions of law. The basic facts relating
to the establishment of the University and the rules
governing the institutions run by appellant No.1 prior to
the establishment of appellant No.1-University have to be
pleaded and applicable rules are to be produced in support
of such pleadings. The University should have a fair
opportunity to counter the contentions raised by the
petitioners. However, contentions raised for the first time
in these appeals cannot be adjudicated without proper
pleadings. Therefore, taking into account the nature of
questions of law and its impact on the employees of the
University, and similarly placed employees of other private
universities, for fair and complete adjudication of the
controversy involved in these cases, the remand of the
appeals is inevitable.
16. Therefore the matters are remitted to the
learned Single Judge without expressing any opinion on
the merits on the contentions raised by both the parties.
17. Accordingly, the impugned order dated
29.12.2016 passed by the learned Single Judge in Writ
Petition Nos.5693-5780/2014 are set-aside and the
matters are remitted to the learned Single Judge.
18. Needless to state that the parties shall be at
liberty to amend their respective pleadings and produce
documents in support of their contentions. Considering the
fact that the Writ Petitions were filed in the year 2014, we
request the learned Single Judge to deal with the matters
expeditiously.
19. Accordingly, appeals are allowed in part.
Sd/-
JUDGE
Sd/-
JUDGE
BRN/GVP
