Karnataka High Court
The Catholic Board Of Education vs Dr Vishal R on 13 September, 2023
Bench: G.Narendar, Vijaykumar A Patil
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NC: 2023:KHC:33149-DB
CCC No.532 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR. JUSTICE G.NARENDAR
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
CIVIL CONTEMPT PETITION NO.532 OF 2023
BETWEEN:
1. THE CATHOLIC BOARD OF EDUCATION
A SOCIETY REGISTERED UNDER THE
SOCIETY REGISTRATION ACT
HAVING ITS REGISTERED OFFICE
Digitally IN SHANTI KIRAN, BAJJODI
signed by
RUPA V MANGALORE-575005
REPRESENTED BY ITS SECRETARY
Location:
HIGH REV. FR. ANTONY MICHAEL SHERA.
COURT OF
KARNATAKA 2. ST. SEBASTIAN'S HIGH SCHOOL
PENMANNUR, MANGALORE SOUTH DIVISION
DAKSHINA KANNADA-575017
REPRESENTED BY THE SECRETARY
CATHOLIC BOARD OF EDUCATION
REV. FR. ANTONY MICHAEL SHERA.
3. ST. MARY'S HIGH SCHOOL
KUNDAPURA
UDUPI DISTRICT-576201
REPRESENTED BY THE SECRETARY
CATHOLIC BOARD OF EDUCATION
REV. FR. ANTONY MICHAEL SHERA.
4. ST. LAWRENCE HIGH SCHOOL
ATTUR, KARKALA
UDUPI DISTRICT-576117
REPRESENTED BY THE SECRETARY
CATHOLIC BOARD OF EDUCATION
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NC: 2023:KHC:33149-DB
CCC No.532 of 2023
REV. FR. ANTONY MICHAEL SHERA.
...COMPLAINANTS
(BY SRI. GANAPATI NARAYANA HEGDE, SR. ADV., FOR
SRI. GEORGE JOSEPH, ADV.,)
AND:
1. DR. VISHAL .R
COMMISSIONER FOR PUBLIC INSTRUCTION
PUBLIC INSTRUCTION DEPARTMENT
NRUPATHUNGA ROAD
BENGALURU-560001.
2. SRI. KRISHNAJI
S. KARICHANNANAVAR
THE DIRECTOR
SECONDARY EDUCATION
PUBLIC INSTRUCTION DEPARTMENT
NRUPATHUNGA ROAD
BENGALURU-560001.
3. DAYANAND RAMACHANDRA NAYAK
DEPUTY DIRECTOR
(ADMINISTRATION)
PUBLIC INSTRUCTION DEPARTMENT
MANGALORE-575001
DAKSHINA KANNADA.
4. GANAPATHY .K
DEPUTY DIRECTOR
(ADMINISTRATION)
PUBLIC INSTRUCTION DEPARTMENT
RAJATHADRI C BLOCK
3RD FLOOR, MANIPAL
UDUPI-576104.
5. H.R. ESHWAR
THE BLOCK EDUCATIONAL OFFICER
PUBLIC INSTRUCTIONS DEPARTMENT
MANGALORE SOUTH
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NC: 2023:KHC:33149-DB
CCC No.532 of 2023
MANGALORE-575001.
6. KANHARAJU .C
THE BLOCK EDUCATIONAL OFFICER
PUBLIC INSTRUCTION DEPARTMENT
KUNDAPURA-576201.
7. CHANDRAYYA B
THE BLOCK DEVELOPMENT OFFICER
PUBLIC INSTRUCTION DEPARTMENT
KARKALA-574104.
8. THE STATE OF KARNATAKA
THROUGH THE PUBLIC INSTRUCTION
DEPARTMENT
NRUPATHUNGA ROAD
BENGLAURU
REPRESENTED BY COMMISSIONER.
...ACCUSED
(BY SRI. DEVRAJ ASHOK, GOVT., ADV.,)
THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION OF INDIA, AND SECTIONS 11 AND 12 OF
CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE
CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND
PUNISH THEM IN ACCORDANCE WITH LAW FOR HAVING
WILLFULLY COMMITTED CONTEMPT OF THE INTERIM ORDER
DATED 19.7.2021 PASSED BY THIS HONBLE COURT IN WA
NO.102/2020 (S-RES).
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
VIJAYKUMAR A. PATIL J., MADE THE FOLLOWING:
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NC: 2023:KHC:33149-DB
CCC No.532 of 2023
ORDER
This contempt petition is filed under Article 215
of the Constitution of India and Sections 11 and 12 of
the Contempt of Courts Act, 1971 complaining
disobedience of the interim order of this Court dated
19.07.2021 passed in W.P.No.102/2020, wherein this
Court has passed the following order:
"Heard the learned Government Advocate for
the petitioner on the question of grant of
interim relief.
The facts of the case reveal that the
respondents before this Court have challenged
the constitutional validity of Rules 1(ii), 3, 6
and 7 in annexure 1 of the Karnataka
Educational Institutions (Recruitment and
Terms and Conditions of Services of
Employees in Private Aided Primary and
Secondary Educational Institutions) Rules,
1999 as amended by the Karnataka
Educational Institutions (Recruitment and
terms and Conditions (Amendment) Rules,
2008 (vide Annexure-D). The learned Single
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CCC No.532 of 2023
Judge has allowed the writ petition and has
directed the State Government to grant
approval in the matter of appointment within
three months.
Learned counsel for the respondents has
argued before this court that the learned
Single Judge was justified in allowing the writ
petition keeping in view the judgment
delivered by the Hon'ble Apex Court in the
case of TMA Pai foundation v. State of
Karnataka, reported in (2002) 8 SCC 481. He
has also brought to the notice of this Court
that the subsequent judgment delivered by
the Hon'ble Supreme Court in the case of
Sindhi Education Society v. Chief Secretary,
Government of NCT Delhi, reported in (2010)
8 SCC 49.
The matter requires a detailed hearing.
Therefore, as it is a fit case for admission, the
appeal is admitted for final hearing. However,
in the meanwhile, the respondent - State
shall accord approval in respect of the
appointment in question as on account of non
approval, the teachers have not been paid
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CCC No.532 of 2023
salary. The issue is only in respect of Science,
Physical Education and Hindi and the
academic session is going on.
Resultantly, the approval granted by the
State Government as ordered by the learned
Single Judge shall be subject to the outcome
of the result in the present writ appeal.
The interim order passed by this Court is
confined to the peculiar facts and
circumstances of the case.
The appeal is admitted for final hearing as
stated earlier. List the appeal for hearing in
due course.
As the cross objection has already been
filed, the State shall also be free to file reply
to it within in six weeks."
2. The accused have entered appearance and
filed compliance affidavit of Sri.Krishnaji
S.Karichannavar, Director (Secondary Education),
Department of School Education, Bengaluru dated
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CCC No.532 of 2023
03.08.2023. The paragraph Nos.3 to 6 of the affidavit
reads as under:
"3. I humbly submit that in compliance of the
Order passed by this Hon'ble Court in Writ
Petition Nos.29597 to 29600 to 2017 as well as
Writ Appeal No.102/2020, the State
Government has granted permission to accord
approval in respect of the appointment of the
teachers only in respect of Science, Physical
Education and Hindi Teacher vide Order dated
01.08.2023, subject to the outcome of Writ
Appeal No.102/2020, as per the Order dated
19.07.2021. Copy of the Order dated
01.08.2023 bearing No.EP 8 SLB 2021 is
herewith produced and marked as Annexure-R1
for kind perusal of this Hon'ble Court.
4. I respectfully submit that in view of the
above Order dated 01.08.2023, the Orders
passed by this Hon'ble Court have been partially
complied with in respect of obtaining permission
to accord approval of the teachers. I
respectfully submit and pray that 4 weeks' time
may be granted to seek proposals from the
Management and to pass orders granting
approval in accordance with law and in terms of
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the orders passed by this Hon'ble Court in Writ
Petition. There is no willful disobedience in the
order passed by this Hon'ble Court.
5. I most respectfully submit that I have
great respect and regards for the orders passed
by this Hon'ble Court. I have never willfully
disobeyed any of the order passed by this
Hon'ble Court.
6. I most respectfully submit that I tender
my unconditional and unqualified apology before
this Hon'ble Court, if in case, this Hon'ble Court
comes to the conclusion that I have violated the
orders passed by this Hon'ble Court and pray
that the aforementioned Contempt Proceedings
may be dropped."
3. On perusal of the compliance affidavit, it is
evident that the accused have partially complied the
interim order dated 19.07.2021 by approving the
appointment in question. On query of this Court,
learned AGA appearing for the accused on instruction
from Sri.M.V.Rajanna, Senior Assistant Director, Public
Instructions, Office of CPI, Bengaluru, who is present
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CCC No.532 of 2023
before the Court, submits that within a period of four
weeks from today they would ensure the release of
salary to the Teachers. The accused have tendered
unconditional and unqualified apology for the delay in
complying the direction of this Court.
4. Accepting the undertaking of the Senior
Assistant Director, Public Instructions, Office of CPI,
Bengaluru, and by accepting the apology, the
contempt proceedings are dropped with the liberty to
the complainant to revive the contempt petition, if the
accused fail to adhere to the undertaking.
Sd/-
JUDGE
Sd/-
JUDGE
BSR
