Disposed

Sri H M Basavaraju v. the State of Karnataka

Karnataka HC6 Mar 2024WP/6921/2024

Case brief

AI extract

What is this about?

A college staff member challenged a KSAT interim order that stayed his appointment as in-charge Principal and directed the prior incumbent to continue. The High Court held the Tribunal had granted final-type reliefs at an interim stage, relied on an Apex Court decision, disposed of the petition directing the Tribunal to decide the application within a week with all contentions left open.

What did the court decide?

Petition disposed of; parties directed to appear before KSAT on 15.03.2024 and Tribunal directed to dispose Application No.730/2024 within a week; all contentions left open.

Sri H M Basavaraju Vs the State of Karnataka — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:9296-DB WP No. 6921 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF MARCH, 2024

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE MR JUSTICE RAJESH RAI K

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WRIT PETITION NO. 6921 OF 2024 (S-KSAT)

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BETWEEN:

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SRI. H.M BASAVARAJU, S/O LATE MUNIGOWDA, AGED ABOUT 59 YEARS, WAS WORKING AS IN-CHARGE PRINCIPAL, MAHARANI ARTS COLLEGE FOR WOMEN, MYSORE-570 005.

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…PETITIONER

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(BY SRI. PRITHVEESH M.K, ADVOCATE FOR SRI. JAYARAMU N.N, ADVOCATE)

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Digitally signed by K S RENUKAMBA Location: HIGH COURT OF KARNATAKA

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER (COLLEGIATE) EDUCATION, M.S. BUILDING BENGALURU-560 001.

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THE COMMISSIONER, DEPARTMENT OF COLLEGIATE AND TECHNICAL EDUCATION, TANTRIKA SHIKSHANA BHAVANA, PALACE ROAD, BENGALURU-560 001.

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2 - NC: 2024:KHC:9296-DB WP No. 6921 of 2024

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THE CHEIF ADMINISTRATIVE OFFICER, DEPARTMENT OF COLLEGIATE AND TECHINICAL EDUCATION, TANTRIKA SHIKSHANA BHAVANA, PALACE ROAD, BENGALURU-560 001.

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THE REGINAL JOINT DIRECTOR, DEPARTMENT OF COLELGIATE EDUCATION, VINOBA ROAD, MYSORE -570 005.

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DR. B.V VASANTH KUMAR, AGED ABOUT 57 YEARS, S/O LATE B. VEERABHARAPPA, PRINCIPAL (IN-CHARGE) MAHARANI ARTS COLLEGE FOR WOMEN, MYSURU-570 005. RESIDING AT: #03, HIG -2, GROUP-3, KHB COLONY, HOOTAGALLI, MYSORE, KARNATAKA-570 018.

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…RESPONDENTS

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(BY SRI. VIKAS ROJIPURA, AGA FOR R1 TO R4; SRI. ARUN SHYAM, SENIOR COUNSEL FOR SRI. SUYOG HERELE.E AND SRI. NISHANTH S.K, ADVOCATES FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) CALL FOR RECORDS FROM THE RESPONDENTS ii) SET ASIDE THE IMPUGNED ORDER DATED 21.02.2024 PASSED BY THE HONBLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION No. 730/2024 (ANNEXURE-A) INSOFAR AS GRANT OF INTERIM RELIEF IS CONCERNED AND CONSEQUENTLY REJECT THE INTERIM RELIEF AS SOUGHT BY THE RESPONDENT No. 5 IN THE SAID APPLICATION No. 730/2024, IN THE INTEREST OF JUSTICE.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, RAJESH RAI K, J., MADE THE FOLLOWING:

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3 - NC: 2024:KHC:9296-DB WP No. 6921 of 2024

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ORDER

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The petitioner, in this writ petition, has challenged the legality and correctness of the interim order passed in Application No.730/2024 dated 21.02.2024 by the Karnataka State Administrative Tribunal, Bengaluru (for short 'the KSAT'), wherein the KSAT stayed the order dated 09.02.2024 passed by respondent No.3 as per Annexure-A18.

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The facts that are apposite from the record, which are necessary for disposal of this writ petition, are as under:

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Respondent No.5 was serving as in-charge Principal of the Maharani Arts College for Women, Mysuru since 31.03.2023. On 09.02.2024, after obtaining prior approval from respondent No.2, respondent No.3 addressed a communication to respondent No.4 stating that the actions of respondent No.5 during his tenure as a incharge principal i.e., non-disbursement of scholarship funds as well as his talks regarding politics and election results, amounts to misconduct under 3(1))(2)(3)(4) and Rule 5 of Karnataka Civil Services (Conduct) Rules 2021. As such, respondent No.3 directed respondent No.4 to place the next senior most Professor as the in-charge Principal of the said college. Consequently on 12.02.2024, the petitioner took

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NC: 2024:KHC:9296-DB WP No. 6921 of 2024

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charge of the post of in-charge Principal of the Maharani Arts College for Women, Mysore. Aggrieved by the same, respondent No.5 has approached the KSAT by filing Application No.730/2024 challenging the communication of respondent No.3 dated 09.02.2024 as per Annexure-A18 and the communication of respondent No.4 dated 12.02.2024.

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The petitioner herein entered appearance before the Tribunal as caveator and filed his objections for the application filed by respondent No.5.

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The Tribunal, after hearing both the counsel for the respective parties so also on perusal of documents placed before it, stayed the operation of the communication of respondent No.3 dated 09.02.2024 as per annexure-A18 and held that the assumption of charge of the post of in-charge Principal by the petitioner is untenable under law and if he is continuing as Principal, he shall ceased to function forthwith and all action of respondent No.5 i.e., the petitioner herein shall be subject to review and issue of fresh orders as an order of an incompetent authority has no legal basis. Further, it is clarified that respondent No.5 herein shall continue to function

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5 - NC: 2024:KHC:9296-DB WP No. 6921 of 2024

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as in-charge Principal until the final orders are passed in the case. The validity of the said order is challenged in this writ petition.

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We have heard Sri.Prithveesh.M.K., learned counsel for the petitioner so also Sri Arun Shyam, learned Senior counsel for respondent No.5 and learned AGA for respondent No.1 to 4 and perused the documents made available before us including the impugned order passed by the KSAT.

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On careful perusal of the interim order passed by the KSAT, the KSAT dealt the entire issues involved in the case and passed a detailed interim order even by discussing the merits of the case. Thereafter, granted the interim order by staying Annexure-A18 which otherwise amounts to grant of final reliefs itself in the application. Further, the KSAT also passed some mandatory orders by directing respondent No.5 to continue to function as in-charge Principal until the final orders are passed. These types of mandatory orders are not to be passed by the KSAT while disposing the interim application. Our view is fortified by the decision of the Hon'ble Apex Court in the

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6 - NC: 2024:KHC:9296-DB WP No. 6921 of 2024

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case of N.K.Bagayat vs. State of Karnataka and others in

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Special Leave to Appeal (C) No.13046/2019 dated 22.05.2019.

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In view of the same, without expressing any opinion on the merits of the case, we deem it appropriate to direct the KSAT to dispose of the application No.730/2024 within a week from the date of appearance of the parties. Accordingly, both the parties are directed to appear before the KSAT on 15.03.2024 without awaiting any further notice. All contentions left open.

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With the above observations, the petition is disposed of.

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Sd/JUDGE

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Sd/JUDGE

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VM List No.: 1 Sl No.: 18

Sri H M Basavaraju v. the State of Karnataka

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Sri H M Basavaraju v. the State of Karnataka

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