Dismissed¶4

Samue Emoral Little Angels Educations Societys Samuel Memorial Pre University College v. the State of Karnataka

Karnataka HC9 Apr 2025WA/100215/2025

Case brief

AI extract

What is this about?

Writ appeal rejected — interim prayer — adjournment at petitioner's counsel's own request defeats grievance of non-consideration — Karnataka High Court, Dharwad Bench — WA No.100215 of 2025 (EDN-RES) against order in WP No.102168/2025 — Samuel Memorial Little Angel’s Educations Society’s Samuel Memorial Pre-University College, Mudhol v. State of Karnataka, Director of Public Instruction and Deputy Director of Public Instruction, Bagalkot — S.4, Karnataka High Court Act, 1961 — decided 09.04.2025 — coram S G Pandit and C.M. Poonacha, JJ.

What did the court decide?

None; the prayer to modify the learned Single Judge's order dated 02.04.2025 and to grant the interim order prayed for in the writ petition was declined. ¶4

Samue Emoral Little Angels Educations Societys Samuel Memorial Pre University College Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC-D:6328-DB WA No. 100215 of 2025

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 9^TH DAY OF APRIL, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE S G PANDIT

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AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA

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WRIT APPEAL NO.100215 OF 2025 (EDN-RES)

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BETWEEN:

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SAMUEL MEMORIAL LITTLE ANGEL’S EDUCATIONS SOCIETY’S SAMUEL MEMORIAL PRE-UNIVERSITY COLLEGE, AISHWARYA COLONY, ANAND NAGAR, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT 587313, R/BY ITS PRESIDENT, VICKY S. TEGUR, AGE. 33 YEARS, OCC. BUSINESS, R/O. MAHARAJ COLONY, NEAR JUDGE QUARTERS, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT 587313.

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…APPELLANT

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(BY SRI. GIRISH A. YADAWAD, ADVOCATE)

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AND:

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ASHPAKKASHIMSAMALAGALADINNI Digitally signedby ASHPAKKASHIMSAMALAGALADINNILocation: HIGHCOURT OFKARNATAKADHARWADBENCH

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, 18^TH CROSS ROAD, MALLESHWARAM, BENGALURU 560012.

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THE DIRECTOR OF PUBLIC INSTRUCTION DEPARTMENT OF SCHOOL EDUCATION (PRE-UNIVERSITY), 18^TH CROSS ROAD, MALLESHWARAM, BENGALURU 560012.

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION, SCHOOL EDUCATION DEPARTMENT (PRE-UNIVERSITY), BAGALKOT DISTRICT, DIST. BAGALKOT 587301.

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…RESPONDENTS

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(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)

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NC: 2025:KHC-D:6328-DB WA No. 100215 of 2025

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THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, MODIFY THE IMPUGNED ORDER DATED 02.04.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.102168/2025 (EDN-RES) BY GRANTING THE INTERIM ORDER AS PRAYED IN THE SAID WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS WRIT APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT

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AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE S G PANDIT)

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This appeal under Section 4 of the Karnataka High Court, 1961 is filed against following order passed in WP

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No.102168/2025:

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“ Learned Additional Government Advocate accepts notice for respondent Nos.1 to 3.

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Learned counsel for the petitioner prays for time to address the arguments.

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List this matter after ensuring summer vacation. ”

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2. Heard the learned counsel Sri. Girish A Yadwad for

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the appellant/petitioner and perused the entire writ appeal papers.

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3. The main grievance of the learned counsel for the appellant/petitioner is that the interim prayer sought in the writ petition is not considered and no order is passed.

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NC: 2025:KHC-D:6328-DB

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WA No. 100215 of 2025

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4. However, on going through the impugned order, we are of the opinion that the submission of learned counsel for the appellant/petitioner is contrary to what is recorded in the order sheet dated 2.4.2025. The writ petition is adjourned at request of the learned counsel for the petitioner. When the petition is adjourned at the request of learned counsel for the petitioner, the petitioner cannot turn around and say that the learned Single Judge has not considered the interim prayer. We are not inclined to entertain the writ appeal. Accordingly, the writ appeal stands rejected .

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Pending applications, if any, are disposed of as not surviving for consideration.

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Sd/(S G PANDIT) JUDGE

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Sd/(C.M. POONACHA) JUDGE

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LIST NO.: 1 SL NO.: 34

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JTR CT:VP

Samue Emoral Little Angels Educations Societys Samuel Memorial Pre University College v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Samue Emoral Little Angels Educations Societys Samuel Memorial Pre University College v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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