Sri Chayadevi Vidyanikhetana Trust (R) Vs Dr. Basavaraju S.

SRI CHAYADEVI VIDYANIKHETANA TRUST ® RAJENDRANAGARA, MYSORE - 570 007 BY ITS PRESIDENT, SRI BANUPRAKASH S/O LATE BEERAPPA, AGED ABOUT 44 YEARS (REGISTERED UNDER TRUST ACT).

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…PETITIONER

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(BY SRI. JAGADEESHACHARI.,ADVOCATE)

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AND:

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Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

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DR. BASAVARAJU S., S/O SATIGOWDA, AGE ABOUT 51 YEARS, SINDENAHALLI VILLAGE, HAMPAPURA HOBLI, ALANAHALLI POST, K.D. KOTE TALUK, MYSORE DISTRICT - 571 114.

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN EAT NO. 1/2024 ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE AND EDUCATION APPELLATE TRIBUNAL MYSORE FILED BY THE RESPONDENT AND QUASH THE PROCEEDED SAME BY WAY OF WRIT OF CERTIORARI AS PER ANNX-J AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:50180 WP No. 34330 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

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ORAL ORDER

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This writ petition is filed to call for the reports in EAT No.1/2024, on the file of the Principal District and Sessions Judge, Mysore (hereinafter referred to as 'Educational Appellate Tribunal') filed by the respondent and quash the proceedings, the same by way of writ of certiorari as per Annexure-J.

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Brief facts, leading rise to the filing of this writ petition are as follows:

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The respondent was terminated from service. The respondent aggrieved by the order of termination preferred the appeal under Section 94 of the Karnataka Education Act before the Educational Appellate Tribunal in EAT No.1/2024.

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The Educational Appellate Tribunal issued a notice to the petitioner. The petitioner appeared and filed objections to the appeal memo. Respondent has filed an application in I.A.No.1 to stay the execution and operation of the impugned order of termination. The Educational Appellate Tribunal posted

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the matter for hearing on I.A.No.1, in the meanwhile the petitioner has filed this writ petition contending that the appeal

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NC: 2025:KHC:50180 WP No. 34330 of 2025

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HC-KAR

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filed by the respondent is not maintainable. Hence prays to quash the proceedings.

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Learned counsel for the petitioner submits that the appeal filed by the petitioner is not maintainable. The Educational Appellate Tribunal committed an error in entertaining the appeal. Hence, on this ground seeks to allow the writ petition.

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Heard and perused the records and considered the submissions of the learned counsels' for the parties.

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It is an undisputed fact that the respondent was terminated from service by the petitioner. The respondent aggrieved by the order of termination, preferred an appeal before the Educational Appellate Tribunal under Section 94 of the Karnataka Education Act, 1983 along with the appeal memo, the respondent filed an application in I.A.No.1 to stay the execution and operation of the order of termination. The matter was posted for hearing on I.A.No.1. In the meanwhile the petitioner has filed this writ petition challenging the proceedings on the ground that the appeal is not maintainable.

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Though the petitioner has filed the statement of objections, praying for the hearing on maintainability of the

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4 - NC: 2025:KHC:50180 WP No. 34330 of 2025

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HC-KAR

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appeal before the Educational Appellate Tribunal, instead of pressing for hearing on the maintainability of the appeal before the Educational Appellate Tribunal filed this writ petition. The perusal of the order sheet of EAT No.1/2024 discloses that

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no adverse orders are being passed against the petitioner.

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