Dismissed

Subramanya Education Society @ Kavalakki v. the State of Karnataka

Karnataka HC18 Nov 2021WP/76459/2013

Case brief

AI extract

What is this about?

High Court dismissed the writ petition challenging an administrator's appointment as it did not survive consideration due to the restoration of society management, but reserved liberty for disciplinary action.

What did the court decide?

Writ petition dismissed as it did not survive for consideration. Liberty reserved for disciplinary action against Respondent No.5.

Subramanya Education Society @ Kavalakki Vs the… — Education and Admissions | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 18^TH DAY OF NOVEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION No.76459/2013 (S - RES)

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Between

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Sri Subramanya Education Society (R) Kavalakki, Honnavar Taluk, Uttara Kannada District – 581361 Rept. By its President. (Amended as per order Dtd:28.3.2018) ...Petitioner

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(By Sri Hanamant R Latur, Advocate)

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A n d

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The State of Karnataka Represented by the Principal Secretary to Govt. Pre University Education Education Department M S Buildings, Bangalore – 560001.

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Joint Secretary to Government and Appellate Authority, (Primary and Secondary Education), Education Department, M S Buildings, 6^th Floor Bangalore.

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Director, Pre-University Education Department, 18^th Cross, Malleshwaram Bangalore.

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The Deputy Director of Pre-University Education, Uttara Kannada District Karwar.

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B Krishna s/o Late Basappa Age 44, Occ: Unemployee r/o A L Naik Building, Forest Colony Prabhat Nagar, Honnavar, Dist. Uttar Kannada.

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... Respondents

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(By Sri Vinayaka S Kulkarni, AGA for R1 to R4,

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Sri Mallikarjunaswa Hiremath & Sri Anant P Savadi Advocate for R5,

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Sri V R Datar, Advocate for C/R5)

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This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the interim order passed by the 2^nd respondent dated 20.11.2021 i.e. Annexure-X and etc.

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This writ petition coming on for preliminary hearing in `B’ group this day, the Court passed the following:

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ORDER

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This writ petition is filed challenging the order dated 17.1.2013 passed by the 2^nd respondent appointing an Administrator to take over the management of the petitioner – Society. During the pendency of the writ petition, the management of the Society in question has been handed over to the petitioner – Society. In view of the subsequent

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development, the relief sought for in this writ petition does not survive for consideration.

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Accordingly, writ petition is dismissed as it does not survive for consideration. However, liberty is reserved with the petitioner – Society to initiate disciplinary action against respondent No.5 for the alleged misconduct, if any, in accordance with the provisions contained in the Karnataka Education Act, 1983 and Karnataka Educational Institutions (Recruitment and Terms and Conditions of Service of Employees in Private Aided Primary and Secondary Educational Institutions) Rules, 1999.

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Respondent No.5 is at liberty to move before appropriate Authority for releasing the benefits as ordered by the 1^st respondent at Annexure-G.

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Sd/-

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JUDGE

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bkm

Subramanya Education Society @ Kavalakki v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Subramanya Education Society @ Kavalakki v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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