Allowed¶79

St Josephs Evening College v. Karnataka Information Commission

Karnataka HC25 Jan 2025WP/476/2021

Case brief

AI extract

What is this about?

Karnataka Information Commission; enforcement of first appellate authority order dated 30.04.2015; order dated 30.04.2015 set aside and matter remitted in W.P.Nos.22850/2015, 22851/2015, 22887/2015; stay by order dated 09.06.2015; Proceedings KIC 10845, KIC 10846, KIC 10847 APL 2015; direction to furnish information; St. Joseph's Evening College; St. Joseph's College; St. Joseph's College of Commerce; caveator Sudha Katwa; quashing of impugned order dated 09.12.2020; Articles 226 and 227 Constitution of India; GM-RES; Justice K. V. Aravind; decided 25.01.2025; NC: 2025:KHC:4880.

What did the court decide?

The appeals (writ petitions) were allowed and the order dated 09.12.2020 passed by respondent No.1-Karnataka Information Commission vide Annexure-A was quashed. ¶79

St Josephs Evening College Vs Karnataka… — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC:4880 WP No. 476 of 2021 C/W WP No. 481 of 2021 WP No. 494 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE K. V. ARAVIND WRIT PETITION NO. 476 OF 2021 (GM-RES)

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C/W

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WRIT PETITION NO. 481 OF 2021 (GM-RES) WRIT PETITION NO. 494 OF 2021 (GM-RES)

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IN WP NO. 476/2021

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BETWEEN:

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ST. JOSEPH'S EVENING COLLEGE NO.35, MUSEUM ROAD, BANGALORE - 560 025. REPRESENTED BY ITS PRINCIPAL AT PRESENT ALBERT JOSEPH SMITH S/O TERENCE SMITH, AGED ABOUT 45 YEARS.

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...PETITIONER

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Digitally signed by REKHA R Location: High Court of Karnataka

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(BY SRI. CYRIL PRASAD PAIS, ADVOCATE)

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AND:

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KARNATAKA INFORMATION COMMISSION MAHITI SOUDHA, NO.104, 1ST FLOOR, DEVARAJ URS ROAD, BEHIND KPSC OFFICE PREMISES, OPPOSITE TO VIDHANA SOUDHA WEST GATE-2, BANGALORE - 560 001. REPRESENTED BY THE COMMISSION

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JOINT SECRETARY AND APPELLATE AUTHORITY GOVERNMENT OF KARNATAKA, HIGHER EDUCATION DEPARTMENT,

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2 - NC: 2025:KHC:4880 WP No. 476 of 2021 C/W WP No. 481 of 2021 WP No. 494 of 2021

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SESHADRI ROAD, BANGALORE - 560 009.

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THE UNDER SECRETARY TO GOVERNMENT GOVERNMENT OF KARNATAKA, EDUCATION DEPARTMENT, MULTI-STORIED BUILDING, VIDHANA VEEDHI, BANGALORE - 560 001.

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THE COMMISSIONER, DIRECTOR 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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SRI. SUDHA KATWA FATHER'S NAME NOT KNOWN R/AT NO.1202, 12TH FLOOR, F-BLOCK, JALAVAYU HEIGHTS APARTMENT, HMT MAIN ROAD, JALAHALLI, BANGALORE - 560 013.

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...RESPONDENTS

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(BY SMT. VIDYA R. GOWDA, ADVOCATE FOR SRI. G.B. SHARATH GOWDA, ADVOCATE FOR R1; SRI. R.A. MACHAKANUR, AGA FOR R2 TO R5; SRI. UMAPATHI S. ADVOCATE FOR C/R6)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 09.12.2020 PASSED BY KARNATAKA INFORMATION COMMISSION THE R-1 IN PROCEEDIGS NO.KIC 10845 APL 2015 WHICH AT ANNEXUREA.

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3 - NC: 2025:KHC:4880 WP No. 476 of 2021 C/W WP No. 481 of 2021 WP No. 494 of 2021

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IN WP NO. 481/2021

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BETWEEN:

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ST. JOSEPH'S COLLEGE (EARLIER KNOWN AS ST. JOSEPH'S ARTS AND SCIENCE COLLEGE) NO.36 LANGFORD ROAD, BANGALORE - 560 027. REPRESENTED BY ITS PRINCIPAL AT PRESENT REV. FR. VICTOR LOBO SJ S/O JOSEPH LOBO AGED ABOUT 49 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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KARNATAKA INFORMATION COMMISSION MAHITI SOUDHA, NO.104, 1ST FLOOR, DEVARAJ URS ROAD, BEHIND KPSC OFFICE PREMISES, OPPOSITE TO VIDHANA SOUDHA WEST GATE-2, BANGALORE - 560 001. BY ITS COMMISSION

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JOINT SECRETARY AND 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 MULTI-STORIED BUILDING, VIDHANA VEEDHI, BANGALORE - 560 001.

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THE COMMISSIONER DIRECTOR OF COLLEGIATE EDUCATION,

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NC: 2025:KHC:4880 WP No. 476 of 2021 C/W WP No. 481 of 2021 WP No. 494 of 2021

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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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SRI. SUDHA KATWA FATHER'S NAME NOT KNOWN RESIDING AT NO.1202, 12TH FLOOR, F-BLOCK, JALAVAYU HEIGHTS APARTMENT, HMT MAIN ROAD, JALAHALLI, BANGALORE - 560 013

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...RESPONDENTS

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(BY SMT. VIDYA R. GOWDA, ADVOCATE FOR SRI. SHARATH GOWDA, ADVOCATE FOR R1; SRI. R.A. MACHAKANUR, AGA FOR R2 TO R5; SRI. UMAPATHI S, ADVOCATE FOR C/R6)

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IN WP NO. 494/2021

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BETWEEN:

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ST. JOSEPH'S COLLEGE OF 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 59 YEARS, R/AT JESUIT NIWAS,

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5 - NC: 2025:KHC:4880 WP No. 476 of 2021 C/W WP No. 481 of 2021 WP No. 494 of 2021

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NO.35, MUSEUM ROAD, BANGALORE - 560 025.

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...PETITIONER

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(BY SRI. CYRIL PRASAD PAIS, ADVOCATE)

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AND:

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KARNATAKA INFORMATION COMMISSION MAHITI SOUDHA, NO.104, 1ST FLOOR, DEVARAJ URS ROAD, BEHIND KPSC OFFICE PREMISES, OPPOSITE TO VIDHANA SOUDHA WEST GATE-2, BANGALORE - 560 001. REPRESENTED BY ITS COMMISSIONER

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JOINT SECRETARY AND 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, MULTI-STORIED BUILDING, VIDHANA VEEDHI, BANGALORE - 560 001.

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THE COMMISSIONER, DIRECTOR 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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6 - NC: 2025:KHC:4880 WP No. 476 of 2021 C/W WP No. 481 of 2021 WP No. 494 of 2021

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SRI. SUDHA KATWA FATHER'S NAME NOT KNOWN R/AT NO.1202, 12TH FLOOR, F-BLOCK, JALAVAYU HEIGHTS APARTMENT, HMT MAIN ROAD, JALAHALLI, BANGALORE - 560 013.

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...RESPONDENTS

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(BY SMT. VIDYA R. GOWDA, ADVOCATE FOR SRI. SHARATH GOWDA, ADVOCATE FOR R1; SRI. R.A. MACHAKANUR, AGA FOR R2 TO R5; SRI. UMAPATHI S, ADVOCATE FOR C/R6)

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THESE PETITIONS, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE K. V. ARAVIND

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ORAL ORDER

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The order impugned in these writ petitions is the order of the State Information Commission(Respondent No.1) dated 09.12.2020 passed in appeal preferred by respondent No.6. The order of the first appellate authority was subject matter before this Court in W.P.Nos.22850/2015, 22851/2015 and 22887/2015. The operation of the order dated 30.04.2015 was stayed by

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7 - NC: 2025:KHC:4880 WP No. 476 of 2021 C/W WP No. 481 of 2021 WP No. 494 of 2021

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this Court in above referred writ petitions by order dated 09.06.2015. Respondent No.6 has preferred appeal before the first respondent seeking enforcement of order dated 30.04.2015. The Karnataka Information Commission vide impugned order has directed the petitioner to furnish the information as stated therein.

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Heard learned Counsel Shri Cyril Prasad Pais, appearing for petitioners and learned Counsel Smt.Vidya R Gowda for respondent No.1/Karnataka Information Commission, learned AGA Shri R A Machakanur for respondent Nos.2 to 5 and learned Counsel Sri Umapathi S, for Caveator/respondent No.6.

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Shri Cyril Prasad Pais, learned counsel for the petitioners submits that the order impugned dated 09.12.2020 is passed while executing the order dated 30.04.2015. When the order dated 30.04.2015 was stayed by this Court, enforcement of such order by the first respondent-Commission would not arise. Learned

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8 - NC: 2025:KHC:4880 WP No. 476 of 2021 C/W WP No. 481 of 2021 WP No. 494 of 2021

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Counsel submits that this aspect was placed before the Karnataka Information Commission.

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4. Considered the submissions of learned counsel

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for the parties and perused the writ papers.

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The impugned order at Annexure-A dated 09.12.2020 is passed while executing the order dated 30.04.2015. In W.P.Nos.22850/2015, 22851/2015 and 22887/2015, this Court has set aside the order dated 30.04.2015 and remitted the matter to the first appellate authority for fresh consideration after granting the opportunity to the petitioner-Institution. In view of the order dated 30.04.2015 is set aside, impugned order passed while enforcing the said order does not survive.

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