Sri Chand Pasha vs The Al Jamia Mohamadiyah Education ...
2025 Latest Caselaw 1792 Kant

Karnataka High Court

Sri Chand Pasha vs The Al Jamia Mohamadiyah Education ... on 29 July, 2025

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                                                      NC: 2025:KHC:29072-DB
                                                          WA No. 985 of 2025


                   HC-KAR



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 29TH DAY OF JULY, 2025

                                           PRESENT
                         THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
                                             AND
                              THE HON'BLE MR. JUSTICE C M JOSHI
                            WRIT APPEAL NO. 985 OF 2025 (EDN-RES)

                   BETWEEN:

                   SRI CHAND PASHA,
                   S/O SATTAR SAB,
                   AGED ABOUT 60 YEARS,
                   R/AT NO 1/1, 2ND CROSS,
                   6TH MAIN ROAD, PADARAYANAPURA,
                   BENGALURU-560 026.
                                                                ...APPELLANT
                   (BY SRI. T NARAYANASWAMY, ADVOCATE A/W
                       SRI. BASAVARAJA PATEL G K, ADVOCATE)

                   AND:

Digitally signed   1.    THE AL JAMIA MOHAMADIYAH
by NANDINI R
Location: HIGH           EDUCATION SOCIETY,
COURT OF                 HAVING ITS HEAD OFFICE AT
KARNATAKA
                         NO.6/A, HAZRAT TERRACE ANNEXE,
                         SHAIKH HAFIUDDIN MARG,
                         MUMBAI-400 008.

                         ALSO AT:

                         THE AL-JAMIA MOHAMADIYAH
                         EDUCATION SOCIETY,
                         THANISANDRA MAIN ROAD,
                         R.K. HEGDE NAGAR,
                         BENGALURU-560 077,
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                                    NC: 2025:KHC:29072-DB
                                      WA No. 985 of 2025


HC-KAR



     REP. BY ITS CHIEF EXECUTIVE OFFICER-
     MR. KHALID MUSHARRUF,
     S/O R. ABDUL JALEEL,
     AGED ABOUT 48 YEARS.

2.   STATE OF KARNATAKA,
     REP. BY PRINCIPAL SECRETARY,
     DEPARTMENT OF SECONDARY EDUCATION,
     M.S. BUILDING,
     DR. B.R. AMBEDKAR ROAD,
     BENGALURU-560 001.

3.   THE COMMISSIONER,
     PUBLIC EDUCATION DEPARTMENT,
     NRUPATHUNGA ROAD,
     BENGALURU-560 001.

4.   THE DEPUTY DIRECTOR (ADMN.),
     DEPARTMENT OF SCHOOL EDUCATION,
     BENGALURU SOUTH DISTRICT,
     KALASIPALYA,
     BENGALURU-560 002.
                                          ...RESPONDENTS
(BY SRI. K.S HARISH G.A, ADVOCATE FOR R-2 TO 4)

     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO CALL FOR RECORDS RELATING
TO THE ORDER DATED 03.06.2025 IN WP No-15588/2025
(EDN-RES) PERUSE THE SAME AND SET ASIDE THE ORDER OF
THE LEARNED SINGLE JUDGE AS ERRONEOUS ETC.

     THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:    HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
          AND
          HON'BLE MR. JUSTICE C M JOSHI
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                                                 NC: 2025:KHC:29072-DB
                                                    WA No. 985 of 2025


HC-KAR



                          ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

The appellant has filed the present appeal impugning

an order dated 03.06.2025 passed by the learned Single

Judge in WP.No.15588/2025. The operative part of the

said decision reads as under:

"[A] The petition stands disposed of reserving liberty to the petitioner to avail appellate remedy under Section 130 of the Education Act as against the Order dated 30.05.2025 within the next four (4) weeks from today.

[B] The operation of the Order dated 30.05.2025 is stayed observing that all questions must be thoroughly examined by the Appellate Authority if the petitioner avails such remedy in terms of the liberty reserved.

[C] This order staying the operation of the order dated 30.05.2025 shall be in force till the disposal of the appeal that the petitioner may prefer within four (4) weeks as now permitted unless opined otherwise by the Appellate Authority by a reasoned order."

2. Learned counsel appearing for the appellant

submmits that although respondent No.1 has been

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relegated to avail of his appellate remedies, the learned

Single Judge has proceeded to pass an interim order till

the disposal of the appeal. He submits that the appellant is

aggrieved by the blanket interim order granted by the

learned Single Judge. Notwithstanding that the Appellate

Authority which is required to examine the appeal is also

empowered to determine whether any interim orders are

warranted, additionally, he submits that the interim order

would work to the prejudice of the appellant as no time

frame has been indicated for disposal of the appeal.

3. After some arguments, learned counsel submits

that if a time frame is fixed for disposal of the appeal, his

grievance could be addressed to a large extent. He also

confirms that respondent No.1 has preferred the appeal in

terms of the liberty granted in terms of the impugned

order.

4. In view of the above, we conceded to dispose of

the present appeal by requesting the Appellate Authority

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to dispose of the appeal preferred by respondent No.1 as

expeditiously as possible and preferably within a period of

four months from date.

The appellant to communicate this order to the

concerned Appellate Authority.

All pending applications are disposed of.

Sd/-

(VIBHU BAKHRU) CHIEF JUSTICE

Sd/-

(C M JOSHI) JUDGE

NR/-