Allowed

M/S Madkarei Education Society (R) v. the Secretary

Karnataka HC4 Jan 2024WP/26434/2023

Case brief

AI extract

What is this about?

A private aided society challenged appellate orders directing State takeover of its school management for failing to process two retired employees' pension papers. Since pension papers were since processed and placed before the Accountant General, and the AGA consented, the court quashed both orders, keeping open the question of the State's Section 67(1) power.

What did the court decide?

Orders dated 16/10/2023 passed by respondent No.2 in Appeal Nos.13/2023 and 12/2023 quashed/set aside; issue of take-over power under Section 67(1) kept open.

M/S Madkarei Education Society (R) Vs the Secretary — Education and Admissions | Karnataka HC (2024)

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NC: 2024:KHC:399 WP No. 26434 of 2023 C/W WP No. 27076 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.26434 OF 2023 (S-RES)

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C/W

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WRIT PETITION NO.27076 OF 2023 (S-RES)

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IN W.P.NO.26434/2023 BETWEEN:

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Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA

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M/S.MADAKARI EDUCATION SOCIETY (R) OBALAPURA SHIVAPURA POST HAGALAVADI HOBLI GUBBI TALUK TUMKUR DISTRICT - 572 216. (SOCIETY REGISTERED UNDER THE PROVISIONS OF KARNATAKA SOCIETIES REGISTRATION ACT, 1960) BY ITS SECRETARY SRI DHANANJAYA S/O LATE SRI SANNASIDDAIAH AGED ABOUT 63 YEARS R/O OBALAPURA SHIVAPURA - 572 222 HAGALAVADI HOBLI GUBBI TALUK TUMKUR DISTRICT.

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…PETITIONER

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(BY SRI.M.V.HIREMATH, ADVOCATE)

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AND:

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NC: 2024:KHC:399 WP No. 26434 of 2023 C/W WP No. 27076 of 2023

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THE SECRETARY DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION

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GOVERNMENT OF KARNATAKA MS BUILDING

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BENGALURU - 560001

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THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS GOVERNMENT OF KARNATAKA NRUPATHUNGA ROAD

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BENGALURU - 560 001

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THE DIRECTOR DEPARTMENT OF SECONDARY EDUCATION O/O THE COMMISSIONER GOVERNMENT OF KARNATAKA NRUPATHUNGA ROAD

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BENGALURU - 560 001

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THE DEPUTY DIRECTOR (ADMINISTRATION) DEPARTMENT OF PUBLIC INSTRUCTIONS TUMAKURU - 572 101

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THE BLOCK EDUCATION OFFICER TUMAKURU TALUK TUMAKURU 572 101

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SRI. K V KRISHNAMURTHY S/O LATE SRI VENKATA BHOVI AGED ABOUT 61 YEARS RETIRED SDA ADARSHA HIGH SCHOOL KONTIHALLI TUMAKURU TALUK TUMAKURU 572 138

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…RESPONDENTS

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(BY SRI.B.RAVINDRANATH, AGA FOR R.1 TO R.5; SRI.THYAGARAJA S, ADVOCATE FOR R.6)

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3 - NC: 2024:KHC:399 WP No. 26434 of 2023 C/W WP No. 27076 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 16/10/2023 PASSED BY R2 IN APPEAL NO.13/2023 AS PER ANNEXURE-K BY ISSUE OF WRIT IN THE NATURE OF CERTIORARI OR ANY WRIT OR DIRECTION AS THE CASE MAY BE AND ETC.

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IN W.P.NO.27076/2023 BETWEEN:

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BY ITS SECRETARY SRI DHANANJAYA S/O LATE SRI SANNASIDDAIAH AGED ABOUT 63 YEARS R/O OBALAPURA SHIVAPURA - 572 222 HAGALAVADI HOBLI GUBBI TALUK TUMKUR DISTRICT.

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…PETITIONER

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(BY SRI.M.V.HIREMATH, ADVOCATE)

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AND:

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NC: 2024:KHC:399 WP No. 26434 of 2023 C/W WP No. 27076 of 2023

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THE SECRETARY DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION GOVERNMENT OF KARNATAKA MS BUILDING

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BENGALURU - 560001

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THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS GOVERNMENT OF KARNATAKA NRUPATHUNGA ROAD

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BENGALURU - 560 001

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THE DIRECTOR DEPARTMENT OF SECONDARY EDUCATION O/O THE COMMISSIONER GOVERNMENT OF KARNATAKA NRUPATHUNGA ROAD

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BENGALURU - 560 001

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THE DEPUTY DIRECTOR (ADMINISTRATION) DEPARTMENT OF PUBLIC INSTRUCTIONS TUMAKURU - 572 101

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THE BLOCK EDUCATION OFFICER TUMAKURU TALUK TUMAKURU 572 101

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SRI.M.SHIVARUDRAIAH S/O LATE SRI.MUDDAVEERAIAH AGED ABOUT 61 YEARS RETIRED D GROUP EMPLOYEE ADARSHA HIGH SCHOOL KONTHIHALLI, TUMAKURU TALUK TUMAKURU – 572 138

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…RESPONDENTS

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(BY SRI.B.RAVINDRANATH, AGA FOR R.1 TO R.5; SRI.THYAGARAJA S, ADVOCATE FOR R.6)

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NC: 2024:KHC:399 WP No. 26434 of 2023 C/W WP No. 27076 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 16/10/2023 PASSED BY R2 IN APPEAL NO.12/2023 AS PER ANNEXURE-J AND ETC.

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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COMMON ORDER

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These captioned writ petitions are filed by the Private Aided Educational Society feeling aggrieved by the order passed by respondent No.2 vide Annexures –K and J respectively in directing respondent Nos.3 to 5 to take over the management of educational institution on account of inaction on the part of petitioner - Society in not processing pension papers relating to respondent No.6 in both petitions respectively.

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Respondent No.2, while entertaining an appeal

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filed by respondent No.6 in both petitions, has not only allowed the appeal but also by invoking Section 67(1) of the Karnataka Education Act, 1983, has directed

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6 - NC: 2024:KHC:399 WP No. 26434 of 2023 C/W WP No. 27076 of 2023

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respondent Nos.3 to 5 to take over the Management. The

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said order is under challenge.

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Learned counsel appearing for the petitioner

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has placed on record the order passed by respondent No.5

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Block Education Officer. At the instance of the petitioner

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– Society, the pension papers pertaining to respondent No.6 in both writ petitions are processed and the same are placed before the Accountant General for further course of action. Citing subsequent developments and by placing on record, the learned counsel appearing for the petitioner would request this Court to quash the order passed by respondent No.2 – Appellate Authority.

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Learned AGA on instructions submits to this Court that since petitioner – Society has rectified its mistake by processing pension papers pertaining to respondent No.6 in both matters, these petitions may be disposed off by quashing the order passed by respondent No.2 vide Annexures-K and J.

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NC: 2024:KHC:399 WP No. 26434 of 2023 C/W WP No. 27076 of 2023

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In the light of the subsequent developments, I am not inclined to examine the power of the State to take over the Management by having recourse under Section 67(1) of the Karnataka Education Act, 1983. Keeping the said issue open, I am of the view that the orders passed by the Appellate Authority are liable to be quashed.

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Accordingly, I pass the following;

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ORDER

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(i) The writ petitions are allowed .

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(ii) The order dated 16.10.2023 passed by respondent No.2 in Appeal No.13/2023 vide Annexure-K and the order dated 16.10.2023 passed by respondent No.2 in Appeal No.12/2023 vide Annexure-J are hereby set-aside.

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Sd/JUDGE

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NBM

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List No.: 1 Sl No.: 4

M/S Madkarei Education Society (R) v. the Secretary

Case brief

What is this about?

What did the court decide?

M/S Madkarei Education Society (R) v. the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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