Associated Managements of Primary and Secondary Schools in Karnataka (Kams) v. Dr Selvakumar IAS

Karnataka HC28 Jan 2022CCC/944/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka, on a contempt petition filed for willful disobedience of an order in a writ petition, noted that accused government officials had submitted a compliance affidavit with an apology. The court accepted the explanation and dropped the contempt proceedings.

What did the court decide?

Contempt proceedings against the accused are dropped unconditionally, subject to liberty of the complainant to challenge the compliance endorsements.

Associated Managements of Primary and Secondary… — Service and Employment | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF JANUARY, 2022

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PRESENT

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THE HON'BLE MR. JUSTICE B. VEERAPPA

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AND

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THE HON’BLE Mrs. JUSTICE M.G. UMA

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C.C.C. No.944/2021 (CIVIL)

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BETWEEN:

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ASSOCIATED MANAGEMENTS OF PRIMARY AND SECONDARY SCHOOLS IN KARNATAKA (KAMS), BLOSSOMS SCHOOL BUILDING, 29^TH CROSS, BAGALGUNTE MAIN ROAD, BANGALORE-560073. REPRESENTED BY ITS GENERAL SECRETARY, SRI D. SHASHI KUMAR, AGED 50 YEARS, S/O SHRI DEVAPPA GOWDA.

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...COMPLAINANT

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(BY SRI G. R. MOHAN, ADVOCATE)

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AND:

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1 . DR. SELVAKUMAR IAS ADDITIONAL CHIEF SECRETARY/ PRINCIPAL SECRETARY STATE OF KARNATAKA

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DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, M.S. BUILDINGS, BENGALURU 560 001.

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2 . DR. R . VISHAL, I.A.S., THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS K.R. CIRCLE, BENGALURU 560 001.

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3 . STATE OF KARNATAKA DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, M.S. BUILDING, BENGALURU - 560001. BY ACS AND PRL. SECRETARY,

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...ACCUSED

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(BY SRI KIRAN KUMAR, HCGP)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT PRAYING TO ISSUE NOTICE TO THE ACCUSED FOR WILLFUL DISOBEDIENCE OF THE ORDERS OF THE LEARNED SINGLE JUDGE IN WP NO.3895/2021 DATED 01.03.2021 AS PER ANNEXURE-B AND PUNISH THE ACCUSED AS PER THE PROVISIONS OF THE CONTEMPT OF COURTS ACT, 1971.

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THIS CCC COMING ON FOR ORDERS THIS DAY, B.VEERAPPA J. , MADE THE FOLLOWING:

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O R D E R

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The complainant filed the present contempt petition under the provisions of Sections 11 and 12 of the Contempt of Courts Act, 1971 praying to take action against the accused persons for willful and deliberate disobedience of the order dated 1^st March 2021 made in Writ Petition No.3895/2021, wherein the learned Single Judge of this Court while disposing off the writ petition, has directed the accused persons to consider the representation dated 1.12.2020 bearing in mind the orders passed by the Hon'ble Supreme Court and take a decision as expeditiously as possible.

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Learned HCGP for the accused filed the compliance affidavit dated 21.1.2022 duly sworn to by Accused No.2 - Dr. Vishal R, the Commissioner, Department of Public Instructions, wherein at paragraphs - 3, 4 and 5 it is specifically stated as under:

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3. I most respectfully submit that in compliance of the order passed by this Hon'ble Court and after considering the representation of the Complainant and keeping in view the guidelines laid down by the Hon'ble Supreme Court of India in the case of Avinash Mehrotra Vs. Union of India in Writ Petition No.483/2004 dated 13.04.2009, we have issued detailed endorsement to the Complainant on 15.07.2021. In continuation of our endorsement issued to the Complainant on 15.07.2021 we have also issued one more endorsement to the Complainant on 02.11.2021. The copies of the endorsements issued by us in compliance of the order passed by this Hon'ble Court are produced as ANNEXURES-R1 & R2 respectively.

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4. I most respectfully submit that the State of Karnataka as per the Government Order dated 10.3.2021 has constituted the Committee to ensure the compliance of the order passed by the Hon'ble Supreme Court of India and endorsement now issued is in accordance with the Government Order issued by the Hon'ble Court. A copy of the Government Order is produced as ANNEXURE-R3.

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5. I most respectfully submit that I have highest respect and regard for the Order passed by this Hon'ble

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Court, I have never disobeyed order passed by this Hon'ble Court willfully. I tender my unconditional apology before this Hon'ble Court because there appears to be some delay in complying with the order passed by this Hon'ble Court, the said delay has occurred primarily due to Covid-19 Pandemic and the delay also has occurred due to certain administrative exigencies, my unconditional apology may be accepted and aforementioned contempt proceedings may be dropped.

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Thereby, Sri Kiran Kumar, learned HCGP submits that the order passed in the writ petition has been complied.

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Sri G.R. Mohan, learned counsel for the complainant submits that liberty may be reserved to the complainant to challenge the Endorsements at Annexure - R1 dated 15.7.2021 and Annexure - R2 dated 2.11.2021 accompanying the compliance affidavit.

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The said submissions are placed on record.

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In view of the above, we pass the following:

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O R D E R

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i) The contempt proceedings are dropped .

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ii) However, it is needless to observe that it is always open for the complainant to challenge the Endorsements at Annexure - R1 dated 15.7.2021 and Annexure-R2 dated 2.11.2021 accompanying the compliance affidavit.

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Sd/JUDGE

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Sd/JUDGE

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Gss*

Associated Managements of Primary and Secondary Schools in Karnataka (Kams) v. Dr Selvakumar IAS

Case brief

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Associated Managements of Primary and Secondary Schools in Karnataka (Kams) v. Dr Selvakumar IAS

Case brief

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