Disposed¶35

M/S Kanara College Society(Regd) v. the State of Karnataka

Karnataka HC6 Jan 2025WP/17535/2011

Case brief

AI extract

What is this about?

High Court of Karnataka, Dharwad Bench; NC: 2025:KHC-D:86; WP No. 17535 of 2011 (S-TR); decided 06.01.2025 by Justice M. Nagaprasanna. Kanara College Society v. State of Karnataka and others; protection of a college lecturer's service till superannuation on 31.07.2025 during a fourteen-year-old interim stay of orders dated 01.07.2010, 15.03.2011 and 06.04.2011; Articles 226, 227, 14 and 16(1) of the Constitution; no precedents cited.

What did the court decide?

Respondents directed not to disturb the third respondent's service in the petitioner's Society till her retirement on 31.07.2025; petitioner entitled to all consequential benefits. ¶35

M/S Kanara College Society(Regd) Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Respondents directed not to disturb the third respondent's service in the petitioner's Society till her retirement on 31.07.2025; petitioner entitled to all consequential benefits.

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Issue for consideration

Whether, with the interim order of stay operating for fourteen years and the third respondent due to retire on 31.07.2025, she may be permitted to continue her service in the petitioner's Society till the date of retirement.

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Court's answer

The submission that the third respondent be permitted to continue her service in the petitioner's Society merits acceptance, as the act of the Court would prejudice no person, the interim order having operated for the last fourteen years.

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Ratio / Principle

Interfering at this stage would put the third respondent's service into jeopardy; as she is due to retire within the next six months, her retirement should be peaceful.

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Key takeaways

The respondents are directed not to disturb the third respondent's service in the petitioner's Society till her date of retirement, i.e., 31.07.2025, and the petitioner shall be entitled to all consequential benefits.ratio¶35

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution by M/s Kanara College Society (Regd.) calling in question orders dated 01.07.2010, 15.03.2011 and 06.04.2011 relating to the services of the third respondent, a lecturer in mathematics, as arbitrary, illegal and violative of Articles 14 and 16(1). A Co-ordinate Bench had stayed the impugned order on 17.05.2011, and the interim order remained in operation for fourteen years. At hearing, the third respondent had six months of service left and was due to retire on 31.07.2025 on superannuation. Holding that interference at that stage would jeopardise her service and that her retirement should be peaceful, the Court (M. Nagaprasanna, J.) directed the respondents not to disturb her service in the petitioner's Society till 31.07.2025, with the petitioner entitled to all consequential benefits; ordered accordingly.

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NC: 2025:KHC-D:86 WP No. 17535 of 2011

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO. 17535 OF 2011 (S-TR)

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BETWEEN:

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M/S KANARA COLLEGE SOCIETY (REGD), REPRESENTED BY ITS SECRETARY, KUMTA, U.K.DISTRICT-581342

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… PETITIONER

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(BY SRI. VISHWANTH HEGDE, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF EDUCATION (COLLEGIATE), M.S.BUILDING, BANGALORE-560001

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THE DIRECTOR OF COLLIGIATE EDUCATION, SASHADRIPAOAD, BANGALORE-1.

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SMT. VIDYA N.TALAGERI, LECTURER IN MATHAMATICS, DR. A.V.SALIGA ARTS & SCIENCE COLLEGE, KUMTA, U.K.DISTRICT.

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Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka

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THE JOINT DIRECTOR OF COLLEGIATE, EDUCATION, REGIONAL OFFICE, DHARWAD.

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THE PRINCIPAL, A.V.BALIGA ARTS & SCIENCE COLLEGE, KUMTA U.K.DISTRICT

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… RESPONDENTS

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(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1, R2 & R4; SHRI S.B. TOTAL, ADVOCATE FOR R3; R5 - SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTCIELS 226 AND 227 OF THE CONSTITUTION OF INDIA, PRYAING TO CALL FOR THE RECORDS RELATING TO IMPUGNED ORDERS DATED 01.07.2010 VIDE ANNEXURE-F & ORDER DATED 15.03.2011 VIDE ANNEXURE-K & ORDER DATED 06.04.2011 VIDE ANNEXURE-L PERUSE & QUASH THE SAID ORDER AS ARBITRARY, ILLEGAL & WITHOUT APPLICATION OF MIND, THUS BEING VIOLATIVE OF ARTICLE 14 & 16 (1) OF THE CONSTITUTION OF INDIA AS ALSO TO THE PRINCIPLES OF NATURAL JUSTICE.

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2 - NC: 2025:KHC-D:86 WP No. 17535 of 2011

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THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioner is before this Court calling in

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question an order dated 01.07.2010 and orders dated 15.03.2011 and 06.04.2011, by which the services of the third respondent were handed over the petitioner’s Society. The Co-ordinate Bench of this Court in terms of its order, dated 17.05.2011 stayed the aforesaid order impugned in this petition. The interim order is operating for last fourteen years.

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2. Learned counsel for the petitioner submits that

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the third respondent is now left with six months of service and is due to retire on 31.07.2025 on attaining the age of superannuation. He would therefore submit that in light of the interim order subsisting, all the fourteen years, she may be permitted to continue her service in the petitioner’s Society. The submission would merit acceptance for the

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3 - NC: 2025:KHC-D:86 WP No. 17535 of 2011

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reason that the act of the Court would prejudice no person

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as the interim order operating for the last fourteen years.

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In the considered view of this Court interfering

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now put the service of the third respondent into jeopardy as the third respondent is due to retirement in the next six months, the retirement of the third respondent should be peaceful.

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Therefore, I deem it appropriate to direct the respondents not to disturb the third respondent’s service in the petitioner’s Society, till the date of retirement i.e., 31.07.2025. The petitioner shall be entitled to all the consequential benefits.

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Ordered accordingly.

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Sd/(M.NAGAPRASANNA) JUDGE

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VNP / CT: ASC List No.: 1 Sl No.: 140

M/S Kanara College Society(Regd) v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S Kanara College Society(Regd) v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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