Disposed

Taluka Shikshan Prasaraka Mandali (Regd) v. the Joint Director

Karnataka HC20 Mar 2017WP/61924/2011

Case brief

AI extract

What is this about?

In a preliminary hearing, the Karnataka High Court (Dharwad Bench) disposed of a writ petition challenging the non-transfer of an assistant professor. Considering a stay order and a six-year lapse, the court granted liberty to the respondent to pass a fresh order after inspecting current work load requirements without deciding on merits.

What did the court decide?

Petition disposed of without deciding on merits; liberty granted to respondent to pass a fresh order after inspecting and verifying current work load requirements.

Taluka Shikshan Prasaraka Mandali (Regd)… — Pension and Retirement Benefits | Karnataka HC (2017)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 20^TH DAY OF MARCH 2017

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BEFORE

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THE HON’BLE DR. JUSTICE VINEET KOTHARI

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WRIT PETITION No.61924/2011(S-RES)

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BETWEEN:

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TALUKA SHIKSHAN PRASARAKA MANDALI(REGD.) SINDAGI, REPRESENTED BY ITS CHAIRMAN, BIJAPUR DIST.

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... PETITIONER

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(BY SRI.S.B.HEBBALLI, ADV.)

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AND:

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THE JOINT DIRECTOR, COLLEGIATE EDUCATION, DHARWAD.

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... RESPONDENT

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(BY SRI.M. KUMAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 25.1.2011 PASSED BY THE RESPONDENT, A COPY OF WHICH IS PRODUCED HEREIN AS PER ANNEXURE-D AND QUASH THE IMPUGNED ORDER DATED 14.02.2011 PASSED BY THE RESPONDENT, A COPY OF WHICH IS PRODUCED HEREIN AS PER ANNEXURE-F.

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Date of Order: 20.03.2017 in WP No.61924/2011(S-RES) Taluka Shikshan Prasaraka Mandali(Regd.) Sindagi Vs. The Joint Director, Collegiate Education

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��

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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Mr.S.B.Hebballi, Adv. for the petitioner. Mr.M. Kumar, AGA for the respondent.

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The petitioner Institution running First Grade Arts

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College under the name and style of C.M.Managuli Arts college at Sindagi, Bijapur District, has filed this writ petition under Articles 226 and 227 of the Constitution of India, aggrieved by the order passed by the respondent Joint Director of Collegiate Education, Dharwad, vide Annexure-D dated 25.1.2011 and Annexure-F dated 14.02.2011, purportedly transferring Dr. S.M. Lokapur, Assistant Professor, who was sought to be transferred from the petitioner college to some other place, on the ground that petitioner did not have sufficient work load for the said lecturer.

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While issuing notice to the respondent, the coordinate Bench of this Court stayed the further proceedings pursuant to Annexure-F until further orders.

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Date of Order: 20.03.2017 in WP No.61924/2011(S-RES) Taluka Shikshan Prasaraka Mandali(Regd.) Sindagi Vs. The Joint Director, Collegiate Education

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��

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In view of the said stay order passed by the

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co-ordinate Bench of this Court, the said Assistant Professor Dr.S.M. Lokapur, was not transferred and was continued to teach in the same petitioner Institution. With a long lapse of time, by now, after six years, the position of the work load might have changed.

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In view of this, without deciding the case on merits, the present writ petition of the Institution is disposed of with a liberty to the respondent to pass fresh order, if the facts and circumstances obtaining requirements after due inspection and verification of the work load of the petitioner Institution for the said post. No costs.

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Sd/JUDGE

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JTR

Taluka Shikshan Prasaraka Mandali (Regd) v. the Joint Director

Case brief

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Taluka Shikshan Prasaraka Mandali (Regd) v. the Joint Director

Case brief

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