Karnataka High Court
The Mary Salian Society vs Pavithra Kumari on 12 June, 2023
Bench: Chief Justice, M.G.S. Kamal
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WA No. 549 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR. PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT APPEAL NO. 549 OF 2023 (S-RES)
BETWEEN:
THE MARY SALIAN SOCIETY
REP. BY ITS INCHARGE SECRETARY
SISTER FLORA, AGE: 51 YEARS,
ST. MARY'S CONVENT,
ROYAN CIRCLE, CHAMRAJAPET,
BENGALURU - 560 018
...APPELLANT
(BY SRI R.A.DEVANAND, ADVOCATE FOR
SRI GODACHI BASAVARAJ GODACHAYYA, ADVOCATE)
Digitally signed AND:
by AMBIKA H B
1. PAVITHRA KUMARI
Location: HIGH D/O MICHAEL
COURT OF AGED ABOUT 32 YEARS,
KARNATAKA ASST. TEACHER,
ST. MARY'S GIRLS HIGH SCHOOL
GANDHINAGAR, TUMAKURU - 572 102
2. THE COMMISSIONER
DEPARTMENT OF PUBLIC INSTRUCTIONS,
NRUPATUNGA ROAD,
BENGALURU - 560 001
3. DIRECTOR, (SECONDARY EDUCATION)
O/O COMMISSIONER
DEPARTMENT OF PUBLIC INSTRUCTIONS
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WA No. 549 of 2023
NRUPATUNGA ROAD,
BENGALURU - 560 001
4. DEPUTY DIRECTOR,
PUBLIC INSTRUCTIONS (SOUTH),
DR. RADHAKRISHNAN ROAD,
S.S. PURAM,
TUMAKURU - 572 102
5. BLOCK EDUCATION OFFICER,
DEPARTMENT OF PUBLIC INSTRUCTIONS,
TUMAKURU - 572 102.
...RESPONDENTS
(SRI. MUKKANNAPPA S B.,ADVOCATE FOR C/R-1
SRI S.S.MAHENDRA, AGA FOR RESPONDENT NOS.2 TO 5)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT,1961 PRAYING TO ALLOW THIS WRIT
APPEAL BY SETTING ASIDE THE JUDGMENT PASSED BY THE LEARNED
SINGLE JUDGE MADE IN WP No.15238/2022 DATED 11.04.2023.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel appearing for the appellant at
length.
2. We are not inclined to interfere with the impugned order.
3. At this stage, the learned counsel for the appellant submits
that the learned Single Judge directed the Educational Appellate
Tribunal (for short, 'the Tribunal') to dispose of the appeal within a
stipulated period of one year from the date of receipt of certified
copy of the order. He further submits that presently the Tribunal is
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WA No. 549 of 2023
disposing the appeals expeditiously. As pleadings are complete
and even the core issue which may fall for consideration of the
Tribunal is also referred in the order passed by the learned Single
Judge, it may not be necessary for the parties to wait for a period of
one year. Thus, the learned counsel for the appellant submits that
in the interest of both the parties, the period for deciding the appeal
be curtailed and let minimum period be fixed for deciding the
appeal. The learned counsel for respondent No.1 submits that he
has no objection for disposal of the appeal expeditiously.
4. In view of the above submissions, we deem it appropriate to
curtail the period fixed for deciding the appeal pending before the
Tribunal. Accordingly, the appeal is disposed of with a direction to
the Tribunal to dispose of the appeal expeditiously within an outer
limit of six months from the date of receipt of a certified copy of this
order.
5. Needless to state that the parties shall extend their
co-operation and assistance to the Tribunal for disposal of the
appeal and to avoid unnecessary adjournments.
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WA No. 549 of 2023
6. We make it clear that this Court has not made any
observations on the merits of the proceedings before the Tribunal.
All contentions are kept open.
7. In view of disposal of the appeal, pending interlocutory
application does not survive for consideration and stands disposed
of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
AHB
