Petitioner challenged government refusal to approve her non-aid appointment. Court held efficacious remedy of appeal existed under Karnataka Education Act. Disposed petition, directing appeal within four weeks with time exclusion.
Petitioner directed to file appeal within four weeks; time spent before this court excluded.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 6746 OF 2023 (S-RES)
BETWEEN:
SMT. V.H. RAJIYA BEGUM, W/O SRI. RASHEED AHMED, AGED ABOUT 49 YEARS, WORKING AS ASSISTANT TEACHER, SRI. ANANDA VIDHYABHIVRUDHISAMSTHE, SMT. DEVAMMA ARB HIGH SCHOOL, R.M.C ROAD, DAVANGERE AND RESIDING AT C/O SRI. DADA PEER PALLAGATTE POST, JAGALUR TALUK, DAVANGERE DISTRICT - 577 513.
…PETITIONER
(BY SRI. NAGABHUSHANA S,ADVOCATE)
AND:
Digitally signed by V KRISHNA Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:8619 WP No. 6746 of 2023
…RESPONDENTS
(BY SMT. B. SUKAHYA BALIGA, AGA FOR R1 TO R5; SRI. V.R. SARATHY, ADVOCATE FOR R6)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS PERTAINING TO ORDER BEARING NO.ED 49 SES 2017 DATED 14.02.2018 VIDE ANNEXURE-G AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned petition is filed by the petitioner assailing the impugned order dated 06.01.2023, passed by respondent No.3 as per Annexure-L, wherein the Government has declined to approve the appointment of petitioner for grant in aid on the ground that her appointment by the management was without seeking approval from the Government.
learned AGA and learned counsel for respondents No.6 and 7.
post. To substantiate the said contention, he has placed reliance on Annexure-R3. Consequent to directions issued by the concerned authority, the management has issued a recruitment notice, aspirant candidates have participated, selection is complete and an appointment order is issued, which is approved by the Government, excluding one candidate in the light of pendency of the writ petition.
appeal, the captioned petition is disposed of .
It is made clear that if petitioner files an appeal
within a period of four weeks, the time spent before this court shall be excluded by the authority while entertaining
the appeal.
Sd/JUDGE
hdk
1 issue framed by the court
Whether a writ petition challenging refusal of grant-in-aid appointment is maintainable when an efficacious remedy by way of appeal exists under the Karnataka Education Act.
SMT. V.H. RAJIYA BEGUM
THE STATE OF KARNATAKA
THE COMMISSIONER OF PUBLIC INSTRUCTION
THE DIRECTOR OF SECONDARY SCHOOL
THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADMINISTRATION)
THE BLOCK EDUCATION OFFICER
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
