St Josephs Evening College Vs the Joint Secretary & Appellate Authority

NC: 2025:KHC:3356 WP No. 22850 of 2015 C/W WP No. 22851 of 2015 WP No. 22887 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K. V. ARAVIND WRIT PETITION NO. 22850 OF 2015 (GM-RES) C/W WRIT PETITION NO. 22851 OF 2015 (GM-RES), WRIT PETITION NO. 22887 OF 2015 (GM-RES)

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IN WP No. 22850/2015

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BETWEEN:

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ST. JOSEPH'S EVENING COLLEGE, 35, MUSEUM ROAD, BANGALORE - 560 025. REPRESENTED BY ITS PRINCIPAL AT PRESENT REV FR. MAXIM DIAS, S/O LAWRENCE DIAS, AGED ABOUT 36 YEARS

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…PETITIONER

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(BY SRI. CYRIL PRASAD PAIS, ADVOCATE)

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AND:

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Digitally signed by REKHA R Location: High Court of Karnataka

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THE JOINT SECRETARY & APPELLATE AUTHORITY, GOVERNMENT OF KARNATAKA, HIGHER EDUCATION DEPARTMENT, SESHADRI ROAD, BANGALORE - 560 009.

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THE UNDER SECRETARY TO GOVERNMENT, GOVERNMENT OF KARNATAKA, EDUCATION DEPARTMENT, MULTISTORIED BUILDING, VEEDHANA VEEDHI, BANGALORE - 560 001.

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THE COMMISSIONER DIRECTORATE OF COLLEGIATE EDUCATION, GOVERNMENT OF KARNATAKA, EDUCATION DEPARTMENT, SESHADRI ROAD, BANGALORE - 560 009.

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THE REGIONAL JOINT COMMISSIONER GOVERNMENT OF KARNATAKA, DEPARTMENT OF COLLEGIATE EDUCATION, SESHADRI ROAD, BANGALORE - 560 009.

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SMT. SUDHA KATTA RESIDING AT NO.F-1202, JALAVAYU APARTMENTS, HMT MAIN ROAD, JALAHALLI BANGALORE - 560 013.

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…RESPONDENTS (BY SRI. R.A. MACHAKANUR, AGA FOR R1 TO R4; SRI. UMAPATHI S, ADVOCATE FOR R5;)

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IN WP NO. 22851/2015

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BETWEEN:

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ST. JOSEPH'S COLLEGE COMMERCE 163, BRIGADE ROAD, BANGALORE - 560 025. REPRESENTED BY ITS PRINCIPAL AT PRESENT REV FR DANIEL FERNANDES S.J., S/O ROCKY FERNANDES, AGED ABOUT 54 YEARS.

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...PETITIONER

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(BY SRI. CYRIL PRASAD PAIS, ADVOCATE)

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AND:

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THE JOINT SECRETARY & APPELLATE AUTHORITY GOVERNMENT OF KARNATAKA, HIGHER EDUCATION DEPARTMENT, SESHADRI ROAD, BANGALORE - 560 009.

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THE UNDER SECRETARY TO GOVERNMENT GOVERNMENT OF KARNATAKA, EDUCATION DEPARTMENT, MULTISTORIED BUILDING, VEEDHANA VEEDHI, BANGALORE - 560 001.

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3 - NC: 2025:KHC:3356 WP No. 22850 of 2015 C/W WP No. 22851 of 2015 WP No. 22887 of 2015

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THE COMMISSIONER DIRECTORATE OF COLLEGIATE EDUCATION, GOVERNMENT OF KARNATAKA, EDUCATION DEPARTMENT, SESHADRI ROAD, BANGALORE - 560 009.

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THE REGIONAL JOINT COMMISSIONER GOVERNMENT OF KARNATAKA, DEPARTMENT OF COLLEGIATE EDUCATION, SESHADRI ROAD, BANGALORE - 560 009.

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SMT. SUDHA KATTA MAJOR, RESIDING AT NO.F-1202, JALAVAYU APARTMENTS, HMT MAIN ROAD, JALAHALLI, BANGALORE - 560 013.

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...RESPONDENTS

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(BY SRI. R.A. MACHAKANUR, AGA FOR R1 TO R4; SRI UMAPATHI S, ADVOCATE FOR R5)

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IN WP NO. 22887/2015

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BETWEEN:

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ST. JOSEPH'S ARTS & SCIENCE COLLEGE, 36, LANGFORD ROAD, BANGALORE - 560 027. REPRESENTED BY ITS PRINCIPAL, AT PRESENT REV FR. VICTOR LOBO S.J., S/O JOSEPH LOBO, AGED ABOUT 44 YEARS

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...PETITIONER

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(BY SRI. CYRIL PRASAD PAIS, ADVOCATE)

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AND:

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THE JOINT SECRETARY & APPELLATE AUTHORITY GOVERNMENT OF KARNATAKA, HIGHER EDUCATION DEPARTMENT,

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NC: 2025:KHC:3356 WP No. 22850 of 2015 C/W WP No. 22851 of 2015 WP No. 22887 of 2015

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SESHADRI ROAD,

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BANGALORE - 560 009.

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THE UNDER SECRETARY TO GOVERNMENT GOVERNMENT OF KARNATAKA, EDUCATION DEPARTMENT, MULTISTORIED BUILDING, VEEDHANA VEEDHI, BANGALORE - 560 001.

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THE COMMISSIONER DIRECTORATE OF COLLEGIATE EDUCATION, GOVERNMENT OF KARNATAKA, EDUCATION DEPARTMENT, SESHADRI ROAD, BANGALORE - 560 009.

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THE REGIONAL JOINT COMMISSIONER GOVERNMENT OF KARNATAKA, DEPARTMENT OF COLLEGIATE EDUCATION, SESHADRI ROAD, BANGALORE - 560 009.

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SMT. SUDHA KATTA RESIDING AT NO.F-1202, JALAVAYU APARTMENTS, HMT MAIN ROAD, JALAHALLI, BANGALORE - 560 013.

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...RESPONDENTS

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(BY SRI. R.A. MACHAKANUR, AGA FOR R1 TO R4; SRI UMAPATHI S, ADVOCATE FOR R5)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 30.04.2015 PASSED BY THE 1^ST RESPONDENT WHICH IS AT ANNEXURE-A AND CONSEQUENTLY DIRECT THE 1^ST RESPONDENT TO ISSUE NOTICE TO THE PETITIONER AND PROVIDE AN OPPORTUNITY TO FILE OBJECTIONS AND THEREAFTER HEAR THE PETITIONER AND PASS APPROPRIATE ORDERS ACCORDING TO LAW.

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THESE PETITIONS, COMING ON FOR FURTHER HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K. V. ARAVIND

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ORAL ORDER

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These writ petitions are filed challenging the order dated 30.04.2015 passed by respondent No.1-Joint Secretary, Higher Education Department, Government of Karnataka(Appellate Authority). Respondent No.5 filed an application under Section 6(1) of RTI Act, seeking details of the petitioner-Institution. Respondent No.4 by communication letter dated 02.03.2015 (Annexure-D) directed the petitioner's Institution to furnish information to the applicant as requested in the application. The petitioner's Institution by letter dated 01.04.2015 refused to provide information. The notice at Annexure-G dated 13.05.2015 was issued to the petitioner by respondent No.4 directing to furnish the information as requested in

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the application on the ground that the petitioner is grant-in-aid institution. The said direction was not complied.

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Respondent No.5 preferred the appeal before respondent No.1. Respondent No.1 by order dated 30.04.2015 directed the petitioner-Institution to provide the information as requested by respondent No.5. The impugned order held that the petitioner is an aided institution and would cover within ambit of public authority.

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This order is challenged in these petitions.

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Shri Cyril Prasad Pais, learned Counsel

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appearing for the petitioner submits that the impugned order dated 30.04.2015 is passed without providing an opportunity of hearing and thus violated the principle of natural justice. He further submitted that the notice was issued on 29.04.2015 and same was served on the petitioner on 04.05.2015, whereas impugned order has been passed on 30.04.2015.

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Shri R A Machakanur, learned Additional Government Advocate for respondent Nos.1 to 4 submits that the notice has been issued on the petitioner-

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Institution and an opportunity has been provided to the petitioner. Hence, there is no violation of principle of natural justice.

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Learned Counsel appearing for respondent No.5 submits that the impugned order has held that the petitioner is substantially financed due to Grant-in-Aid extended by the State Government and falls within ambit of a public authority. The impugned order considering the above aspect, has directed the petitioner-Institution to furnish the information.

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Considered the submissions of learned counsel

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for the parties and perused the writ papers.

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The primary contention raised by the learned counsel for the petitioner is violation of the principle of the natural justice on the ground that the impugned order is passed even before service of hearing notice. The notice was issued on 29.04.2015, whereas the contention of the petitioner is that notice was served after passing of the impugned order i.e., on 04.05.2015.

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Learned AGA was directed to produced the record evidencing the service of notice. In compliance of direction, Shri Sanjay B S, Under Secretary to Government, Higher Education Department, has produced the records. However, there is no proof of service of notice available in the record. In such circumstance, it is for the Court to draw inference. As rightly contended by the learned counsel for the petitioner, service of notice is not established. There is no reason to reject the contention of the petitioner.

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It is held that the impugned order is passed by respondent No.1 before the issuance of notice and thus violated the principles of natural justice. The interference is made only on this ground.

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In view of the above, the following;

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NC: 2025:KHC:3356 WP No. 22850 of 2015 C/W WP No. 22851 of 2015 WP No. 22887 of 2015

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ORDER

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(i) The appeals are allowed in part;

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(ii) The order dated 30.04.2015 passed by respondent No.1-Appellate Authority vide Annexure-A is set aside;

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(iii) The matter is remitted back to respondent No.1 for fresh consideration in accordance with law and the same shall be considered by respondent No.1 within four months from the date of receipt of a copy of this order.

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(iv) All other contentions of the petitioner as well as respondent No.5 are kept open and no opinion is expressed on merits of the case.

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Sd/(K. V. ARAVIND) JUDGE

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ASN/List No.: 1 Sl No.: 20

St Josephs Evening College v. the Joint Secretary & Appellate Authority

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St Josephs Evening College v. the Joint Secretary & Appellate Authority

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