Karnataka High Court
Shri. Kalidas Education Society, ... vs Shri Irayya Gurupadayya ... on 5 September, 2023
Bench: E.S.Indiresh
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NC: 2023:KHC-K:7061
WP No. 81976 of 2012
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO. 81976 OF 2012 (S-RES)
BETWEEN:
SHRI. KALIDAS EDUCATION SOCIETY, BIJAPUR
(DESCRIBED INCORRECTLY AS THE
KALIDAS EDUCATIONAL INSTITUTION)
BY ITS PRESIDENT, SHRI. S.A.ZIDDI,
AGED ABOUT 65 YEARS,
TAKKE CROSS, TORAVI ROAD, BIJAPUR - 586 101.
...PETITIONER
(BY SRI. ASHOK R. KALYANASHETTY, ADVOCATE)
AND:
1. SHRI IRAYYA GURUPADAYYA DHARWADMATH
AGED ABOUT 34 YEARS, OCC: EX. LECTURER
R/O JORAPURPETH, BIJAPUR - 586 101.
Digitally
signed by
VARSHA N
RASALKAR 2. THE DEPUTY COMMISSIONER,
Location: BIJAPUR
High Court
Of Karnataka
3. THE D.D.P.U.E., BIJAPUR
GOVERNMENT COLLEGE CAMPUS,
GANDHI CHOWK, BIJAPUR - 586 101.
...RESPONDENTS
(BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE FOR R1;
SMT.ARATI PATIL, HCGP FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
JUDGMENT/ORDER DATED 03.11.2011 IN EAT NO.6/2010 AT
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WP No. 81976 of 2012
ANNEXURE-P PASSED BY THE EDUCATIONAL APPELLATE TRIBUNAL,
BIJAPUR AND DISMISS THE SAID APPEAL IN EAT NO.6/2010.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the parties.
2. In this writ petition, the petitioner-Educational
Institution has challenged the judgment dated 03.11.2011
in EAT Appeal No.6/2010 on the file of Educational
Appellate Tribunal and the Principal District Judge, Bijapur,
(Annexure-P).
3. It is contended by the learned counsel appearing
for the petitioner that respondent No.1-employee is not a
permanent employee of the petitioner-Institution and his
employment has not been approved by the respondent-
Government. Accordingly, he submitted that the Tribunal
has no jurisdiction to entertain the appeal.
4. Per contra, Smt.Ratna N.Shivayogimath, learned
counsel appearing for respondent No.1 submitted that the
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WP No. 81976 of 2012
Tribunal has gone into the matter on merits and allowed
the appeal filed under Section 94 of the Karnataka
Education Act, 1983 (for short, hereinafter referred to as
'the Act'). She also submitted that the Tribunal is having
jurisdiction to entertain the appeal as respondent No.1
was working for a considerable period with the petitioner-
Institution.
5. Having heard the learned counsel appearing for
the parties, I have considered the language employed
under Section 92 r/w Section 94 of the Act. Proviso to
Section 92(1) of the Act reads as under:
"92. Dismissal, removal etc.-
(1) xxx
Provided that this sub-section shall not
apply to temporary employees or to the
dismissal, removal or reduction in rank of a
teacher or other employees on the ground of
misconduct which has led to his conviction on a
criminal charge involving moral turpitude."
(Emphasis Supplied)
6. In that view of the matter, since respondent No.1
is not a regular employee of the petitioner-Institution and
his appointment has not been approved by the competent
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WP No. 81976 of 2012
authority in terms of the provisions under the Act, the
Educational Appellate Tribunal and the Principal District
Judge, Bijapur, has no jurisdiction to entertain the appeal
under Section 94 of the Act.
7. Accordingly, the writ petition is disposed of in
terms of the observations made above.
8. It is open for the respondent No.1 herein to
approach the competent authority under the provisions of
the Act.
9. Needless to say that in the event respondent No.1
approaches the competent authority under the Act, such
authority shall condone the period spent by the parties
from the date of filing of the petition before the Tribunal
till the disposal of the present petition by this Court under
Section 14 of the Limitation Act.
Sd/-
JUDGE
NB
