Disposed

Gourish Gangaram Khemoji v. Sri Vinayak Garg

Karnataka HC16 Feb 2021CCC/100158/2020

Case brief

AI extract

What is this about?

Contempt petitions challenging interim orders in education-related writ petitions were withdrawn by the High Court. The court dropped the petitions, granting liberty to revive them upon the final orders of the Hon'ble Apex Court in the stayed writ appeals.

What did the court decide?

Contempt petitions dropped with liberty to seek revival after orders of the Hon'ble Apex Court.

Gourish Gangaram Khemoji Vs Sri Vinayak Garg — Education and Admissions | Karnataka HC (2021)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

¶3

DATED THIS THE 16^TH DAY OF FEBRUARY 2021

¶4

PRESENT

¶5

THE HON’BLE MR. JUSTICE G.NARENDAR

¶6

AND

¶7

THE HON’BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

¶8

CCC NO.100176/2020 (CIVIL) C/W. CCC NO.100157/2020 (CIVIL) CCC NO.100158/2020 (CIVIL) CCC NO.100159/2020 (CIVIL) CCC NO.100185/2020 (CIVIL)

¶9

CCC NO.100176/2020 (CIVIL) : BETWEEN :

¶10

MASTER. PREETHAM S/O PRAKASHA REDDERA AGED 11 YEARS, OCC. STUDENT, R/O. ABALUR, POST. YATTINAHALLI (MK), TQ. HIREKERUR, HAVERI - 581111 SINCE MINOR : REPRESENTED BY HIS: NATURAL GUARDIAN AND NEXT FRIEND MOTHER SHRI. PRAKASHA S/O MUDAKAPPA REDDERA, AGE. 50 YEARS, OCC. AGRICULTURE, R/O. ABALUR, POST. YATTINAHALLI(MK), TQ. HIREKERUR, DIST. HAVERI 581111

¶11

¶12

... PETITIONER

¶13

(BY SMT.SWETA PTAIL, ADV. FOR SRI. SHIVRAJ S. BALLOLI, ADVOCATE)

¶14

AND

¶15

1 . SMT. G ANUSUYA OCC. DEPUTY COMMISSIONER NAVODAYA VIDYALA SAMITI, HAVING OFFICE AT: NAVODAYA VIDYALAYA SAMITI, REGIONAL OFFICE, HYDERABAD REGION, POST. GOPANPALLY, SERILINGAMPALLY MANDAL, NALLAGANDLA ROAD, HYDERABAD – 500 046

¶16

N.S.RAMALINGAM AGED MAJOR, OCC. PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA, DAVANGERE HAVING OFFICE AT: JAWAHAR NAVODAYA VIDYALAYA, VILLAGE DEARAHALLI, DAVANAGERE – 577 213

¶17

… RESPONDENTS

¶18

(BY SRI. M.B.KANVI, ADV. FOR A1 AND A2)

¶19

THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING THIS HON'BLE COURT TO, PUNISH THE ACCUSED FOR WILLFULLY DISOBEYING THE INTERIM ORDERS DATED 12.08.2020 AND 25.08.2020 PASSED BY THIS HON'BLE COURT IN WP.NO.147339/2020 VIDE ANNEXURES-A AND B RESPECTIVELY, IN THE INTEREST OF JUSTICE AND EQUITY.

¶20

¶21

CCC NO.100157/2020 (CIVIL) :

¶22

BETWEEN :

¶23

PRADNYA BOBBI D/O MANJUNATH KASHAPPA BOBBI AGE: 11 YEARS, MINOR REPRESENTED BY HER FATHER AND NATURAL GUARDIAN MANJUNATH KASHAPPA BOBBI, AGE: 42 YEARS, R/O: M.R. KALLATTI, MALLIKARJUN NAGAR, SUNDATTI ROAD, DHARWAD

¶24

SANTOSHI M ULAVI, D/O MANJUNATH NEELAKANTAPPA ULAVI, AGE: 11 YEARS, MINOR REPRESENTED BY HER FATHER AND NATURAL GUARDIAN MANJUNATH NEELAKANTAPPA ULAVI, AGE: 42 YEARS, R/O: AT POST, LINGANAMATH, TQ: KHANAPUR, DIST: BELAGAVI-591106.

¶25

PARAMESHWARAPPA MATTI S/O PRAKASH MOHAN MATTI, AGE: 11 YEARS, MINOR REPRESENTED BY HER FATHER AND NATURAL GUARDIAN PRAKASH MOHAN MATTI, AGE: 40 YEARS, R/O: BASVESHWAR NAGAR, AT POST GARAG, TQ and DIST: DHARWAD-581105.

¶26

PRASHANT M UGARGOD S/O MALLIKARJOUN S UGARGOD, AGE: 11 YEARS, MINOR REPRESENTED BY HER FATHER

¶27

¶28

AND NATURAL GUARDIAN MALLIKARJUN S UGARGOD, AGE: 34 YEARS, R/O AT POST MANGENAKOPPA, KHANAPUR TALUK, DIST: BELAGAVI-591106.

¶29

PREETI JODALLI D/O NAGENDRA S JODALLI, AGE: 11 YEARS, MINOR REPRESENTED BY HER FATHER AND NATURAL GUARDIAN NAGENDRA S JODALLI, AGE: 46 YEARS, R/O: MUGALI, POST MADANABHAVI, TQ and DIST: DHARWAD-581105.

¶30

NANDISH SANKANAVVAR S/O MADIWALLAPPA R SANKANAVVAR AGE: 11 YEARS, MINOR REPRESENTED BY HER FATHER AND NATURAL GUARDIAN MADIWALLAPPA SANKANAVVAR AGE: 40 YEARS, R/O: PUDAKALKATTI, TQ and DIST: DHARWAD.

¶31

SHRINIDHI BANNADANOOLIMATH D/O N.M. BANNADANOOLIMATH AGE: 11 YEARS, MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN GIRIJA HIREMATH AGE: 36 YEARS, R/O: SHISHUVINAHALLI, ANNIGERI TALUK, DIST: DHARWAD.

¶32

VASUDEV VIVEKANAND KITTUR AGE: 11 YEARS, MINOR REPRESENTED BY HER MOTHER

¶33

¶34

AND NATURAL GUARDIAN FATHER SRI.VIVEKANAND V KITTUR AGE: 43 YEARS, R/O: AT POST: AMMINABHAVI, TQ: DHARWAD, DIST: DHARWAD-581201.

¶35

... PETITIONERS

¶36

(BY SRI.J.S.SHETTY, ADV.)

¶37

AND

¶38

SRI VINAYAK GARG COMMISSIONER, THE NAVODAYA VIDYALAYA SAMITHI, (AN AUTONOMOUS ORGANIZATION UNDER MINISTRY OF HRD), DEPARTMENT OF SCHOOL EDUCATION and LITERACY, GOVERNMENT OF INDIA, B-15 INSTITUTIONAL AREA, SECTOR 62, NOIDA (UTTAR PRADESH)-201309.

¶39

2 . SUSHIL KUMAR TYAGI ASSISTANT COMMISSINER (JNVST) NOVODAYA VIDYALAYA SAMITI, AN AUTONOMOUS ORGANISATION UNDER THE MIISTRY OF HRD, B-15 INSTITUTIONAL AREA, SECTOR 62, NOIDA (UTTARAS PRADESH)-201309.

¶40

3 . SRI.O.M.PANKAJASHAN THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA DHARWAD, KYARAKOPPA ROAD, DHARWAD-580007.

¶41

¶42

4 . SMT.M. DRAVIDAMANI ASSISTANT COMMISSIONER (ACAD), NOVODAYA VIDYALAYA SAMITI, AN AUTONOMOUS ORGANISATION UNDER THE MINISTRY OF HRD, HYDERABAD REGION, NALAGANDLA ROAD, GOPANAPALLY, RANGAREDDY (DISTRICT) HYDERABAD-500046, TELANGANA STATE.

¶43

… RESPONDENTS

¶44

(BY SRI. M.B.KANVI, ADV. FOR A2 AND A4 A1 – SERVED AND UNREPRESENTED)

¶45

THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING THIS HON'BLE COURT TO, PUNISH THE ACCUSED FOR WILLFULLY DISOBEYING THE ORDER DATED 18.08.2020 PASSED BY THIS HON'BLE COURT IN WP.NO.147477/2020 VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY.

¶46

CCC NO.100158/2020 (CIVIL) :

¶47

BETWEEN :

¶48

1 . GOURISH GANGARAM KHEMOJI S/O GANGADHAR KHEMOJI, AGE: 11 YEARS, MINOR REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN GANGADHAR NINGAPPA KHEMOJI, AGE: 52 YEARS, R/O: BADAS (KH), BELAGAVI TALUK, DIST: BELAGAVI-591131.

¶49

¶50

PUNDALIK MAHABALESHWAR KITTUR D/O MAHABALESHWAR KITTUR AGE: 11 YEARS, MINOR REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN MAHABALESHWAR KITTUR AGE: 42 YEARS, R/O: AT POST. HOLOOLIKERI, KADABAGATTI, ALNAVAR TALUK, DIST: DHARWAD-581103.

¶51

... PETITIONERS

¶52

(BY SRI.J.S.SHETTY, ADV.)

¶53

AND 1. SRI VINAYAK GARG COMMISSIONER, THE NAVODAYA VIDYALAYA SAMITHI, (AN AUTONOMOUS ORGANIZATION UNDER MINISTRY OF HRD), DEPARTMENT OF SCHOOL EDUCATION and LITERACY, GOVERNMENT OF INDIA, B-15 INSTITUTIONAL AREA, SECTOR 62, NOIDA (UTTAR PRADESH)-201309. 2 . SUSHIL KUMAR TYAGI ASSISTANT COMMISSINER (JNVST) NOVODAYA VIDYALAYA SAMITI, AN AUTONOMOUS ORGANISATION UNDER THE MIISTRY OF HRD, B-15 INSTITUTIONAL AREA, SECTOR 62, NOIDA (UTTARA PRADESH)-201309.

¶54

¶55

3 . SRI.O.M.PANKAJASHAN THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA DHARWAD, KYARAKOPPA ROAD, DHARWAD-580007.

¶56

¶57

… RESPONDENTS

¶58

(BY SRI. M.B.KANVI, ADV. FOR A2 AND A4 A1 – SERVED AND UNREPRESENTED)

¶59

THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING THIS HON'BLE COURT TO, PUNISH THE ACCUSED FOR WILLFULLY DISOBEYING THE ORDER DATED 18.08.2020 PASSED BY THIS HON'BLE COURT IN WP.NO.147510/2020 VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY.

¶60

CCC NO.100159/2020 (CIVIL) :

¶61

BETWEEN :

¶62

NIKHIL GOUDA, S/O HOOVANAGOUDA PATIL AGE: 12 YEARS, MINOR REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN HOOVANAGOUDA V. PATIL

¶63

¶64

AGE: 43 YEARS, R/O: AT POST: HULUGUR, SHIGGAON, DIST: HAVERI-581126.

¶65

2 . LAKSHMI D/O THIPPANNA KODLI AGE: 12 YEARS, MINOR REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN THIPPANNA F KODLI AGE: 40 YEARS, R/O: AT POST: HULUGUR, SHIGGAON, DIST: HAVERI-581126.

¶66

BASAVANEYYA REVANASIDDAIAH HALLIKOPPADAMATH S/O REVANASIDDAIAH HALLIKOPPADAMATH AGE: 12 YEARS, MINOR REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN REVANASIDDAIAH HALLIKOPPADAMATH AGE: 40 YEARS, R/O: KUNDURU, SHIGGAON, DIST: HAVERI-581202.

¶67

MAHESH MANJUNATH PILLIKATTI S/O MANJUNATH PUTTAPPA PILLIKATTI AGE: 12 YEARS, MINOR REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN MANJUNATH PUTTAPPA PILLIKATTI AGE: 45 YEARS, R/O: HIRHULLAL, TQ: HANAGAL, DIST: HAVERI-581148.

¶68

AMRUTH HULLAMANI S/O CHANDRASHEKAR HULLAMANI AGE: 11 YEARS, MINOR REPRESENTED BY HIS FATHER

¶69

10 -

¶70

AND NATURAL GUARDIAN CHANDRASHEKAR G. HULLAMANI AGE: 40 YEARS, R/O: MARKET ROAD, BOMMANAHALLI, TQ: HANAGAL, DIST: HAVERI-581203.

¶71

SURESH GOUDA S/O CHANDRAGOUDA HIREGOUDRA AGE: 12 YEARS, MINOR REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN CHANDRAGOUDA K. HIREGOUDRA AGE: 45 YEARS, R/O: AT POST: KULENUR, SANGUR, TQ AND DIST: HAVERI-581148.

¶72

... PETITIONERS

¶73

(BY SRI.J.S.SHETTY, ADV.)

¶74

AND

¶75

SRI VINAYAK GARG COMMISSIONER, THE NAVODAYA VIDYALAYA SAMITHI, (AN AUTONOMOUS ORGANIZATION UNDER MINISTRY OF HRD), DEPARTMENT OF SCHOOL EDUCATION and LITERACY, GOVERNMENT OF INDIA, B-15 INSTITUTIONAL AREA, SECTOR 62, NOIDA (UTTAR PRADESH)-201309.

¶76

2 . SUSHIL KUMAR TYAGI ASSISTANT COMMISSINER (JNVST) NOVODAYA VIDYALAYA SAMITI, AN AUTONOMOUS ORGANISATION

¶77

11 -

¶78

UNDER THE MIISTRY OF HRD, B-15 INSTITUTIONAL AREA, SECTOR 62, NOIDA (UTTARA PRADESH)-201309.

¶79

3 . SRI.O.M.PANKAJASHAN THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA DHARWAD, KYARAKOPPA ROAD, DHARWAD-580007.

¶80

¶81

… RESPONDENTS

¶82

(BY SRI. M.B.KANVI, ADV. FOR A2 AND A4 A1 – SERVED AND UNREPRESENTED)

¶83

THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING THIS HON'BLE COURT TO, PUNISH THE ACCUSED FOR WILLFULLY DISOBEYING THE ORDER DATED 18.08.2020 PASSED BY THIS HON'BLE COURT IN WP.NO.147510/2020 VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY.

¶84

12 -

¶85

CCC NO.100185/2020 (CIVIL) :

¶86

BETWEEN :

¶87

1 . NANDISH PRAKASH AJJAMMANAVAR STUDENT, REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN PRAKASH S/O SHIVAPPA AJJAMMANAVAR, AGED. ABOUT 48 YEARS, OCC. AGRICULTURE, R/O. KOTUR 581346, MUNDGOD TALUK, UTTARA KANNADA DISTRICT 2 . RAKESH MAHESH PALEDAVR STUDENT, REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN MAHESH S/O IRAPPA PALEDAVAR, AGED ABOUT 45 YEARS, OCC. AGRICULTURE, R/O. BHADRAPUR 581346, MUNDGOD TALUK, UTTARA KANNADA DISTRICT

¶88

3 . SOORAJ RAMACHANDRA SHINDHE STUDENT, REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN RAMACHANDRA S/O SHANKARAPPA SHINDHE, AGED ABOUT 48 YEARS, OCC. AGRICULTURE, R/O. KATUR, MUNDGOD TALUK 581346, UTTARA KANNADA DISTRICT 4. KUM. TEJASWINI MANJUNATH KAREMATH STUDENT, REPRESENTED BY HER FATHER AND NATURAL GUARDIAN

¶89

13 -

¶90

MANJUNATH S/O SHANKARAYYA KERIMATH, AGED ABOUT 40 YEARS, OCC. DRIVER, R/O. MUNDGOD 581349, UTTARA KANNADA DISTRICT

¶91

KUM. SUSMITA SANTOSH MARATHI STUDENT, REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT. NETRAVATI W/O SANTOSH MARATHI, AGED ABOUT 32 YEARS, OCC. ANGANAWADI WORKER, R/O. BAICHAGODI 581347, YALLAPUR TALUK, UTTARA KANNADA DISTRICT.

¶92

... PETITIONERS

¶93

(BY SRI.LINGESH KATTEMANI, ADV.)

¶94

AND

¶95

SRI VINAYAK GARG COMMISSIONER, THE NAVODAYA VIDYALAYA SAMITHI, (AN AUTONOMOUS ORGANIZATION UNDER MINISTRY OF HRD), DEPARTMENT OF SCHOOL EDUCATION and LITERACY, GOVERNMENT OF INDIA, B-15 INSTITUTIONAL AREA, SECTOR 62, NOIDA (UTTAR PRADESH)-201309.

¶96

14 -

¶97

2 . SUSHIL KUMAR TYAGI ASSISTANT COMMISSINER (JNVST) NOVODAYA VIDYALAYA SAMITI, AN AUTONOMOUS ORGANISATION UNDER THE MIISTRY OF HRD, B-15 INSTITUTIONAL AREA, SECTOR 62, NOIDA (UTTARA PRADESH)-201309.

¶98

3 . SRI.O.M.PANKAJASHAN THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA DHARWAD, KYARAKOPPA ROAD, DHARWAD-580007.

¶99

… RESPONDENTS

¶100

(BY SRI. M.B.KANVI, ADV. FOR A2 A1 AND A3 – SERVED AND UNREPRESENTED)

¶101

THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING THIS HON'BLE COURT TO, PUNISH THE ACCUSED FOR WILLFULLY DISOBEYING THE ORDER DATED 12.08.2020 PASSED BY THIS HON'BLE COURT IN WP.NO.147388/2020, IN THE INTEREST OF JUSTICE AND EQUITY.

¶102

THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, G.NARENDAR J., MADE THE FOLLOWING:

¶103

ORDER

¶104

It is fairly submitted by the learned counsel for the complainants that the first order passed by the Principal Bench in similar matters reached the Hon’ble Apex Court and the Hon’ble Apex Court was been pleased to stay the operations of the

¶105

15 -

¶106

impugned judgment and in that view of the matter, the learned counsel seek to withdraw the contempt petitions with liberty to revive the same after final orders are passed in the pending SLP before the Hon’ble Apex Court.

¶107

The submissions of the learned counsel are placed on

¶108

record.

¶109

Further, it is also brought to our notice that the writ petition itself has been disposed of by the Learned Single Judge, Dharwad Bench.

¶110

In that view of the matter, the contempt petitions are dropped with liberty to seek for revival after the orders of the Hon’ble Apex Court.

¶111

Sd/JUDGE

¶112

Sd/JUDGE

¶113

Gourish Gangaram Khemoji v. Sri Vinayak Garg

Case brief

What is this about?

What did the court decide?

Gourish Gangaram Khemoji v. Sri Vinayak Garg

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dr.Praveen Kumar S/O Ishwarappa Kusubi Vs Smt.Pushpa W/O Praveen Kumar Kusubi

Karalaga Prathamik Krushi Pattin Sahakari Sangha Niyamit Karalaga Vs the Co. Operative Election Commission

The Assistant Director of Veterinary Vs Rathnakar Anand Shetty

Pradnya Bobbi D/O Manjunath Kashappa Bobbi Vs Sri Vinayak Garg

Nikhil Gouda S/O Hoovanagouda Patil Vs Sri Vinayak Garg

The Manager, Oriental Insurance Vs Shri Siddappa S/O. Yallappa Dhanadavar