High Court Karnataka High Court

Sri Basavaraj Talawar vs State Of Karnataka on 30 July, 2009

Karnataka High Court
Sri Basavaraj Talawar vs State Of Karnataka on 30 July, 2009
Author: Mohan Shantanagoudar
3. HEAD MASTER, 2
snag MARZKAMBA GIRLS HIGH SCHOOL
xusanm 581320, HANGAL TALUK,
HAVERI DIS'I'RIC'I'.

4. ADDi'I'§ONAL COMMISSIONER OF' PUBLIC _   .
INSTRUCTIONS, Nomu KARNATAKAREGICSN H 
IJHATRWADSSOOOI.    = » '

5. DEPUTY I)IR'EC'l'OR OF' PUBLIC IN$'i'.R{:JI3'.I'iOi'~IS;'_~AA" - * " .
HAVERI msrmcr, HAVE?! .=as;4._:_V1o  V   

6. Sim ZILANI HONKON  .
s/0 IMAMSAB, AGED,A..a0UT43--s.YaAR-S,
AT AND POSTT'ILAVA!.,Li'-.. 5    , 
TALUK HANGAL, DIST. "1--:AvER_1 5s;11'3'.0f;   RESPONIJENTS

(BY SR1 R.K.}14;k'1*i1_'i,;'_Hct:?  i§¥1",'4 wt) 5
am smrosa £2,  mu". 1«*om2.:m.N 3
SR1 P.'£.SHYAf3.§;§'U'P}?'IV, AI43V.. FO_R«'R6 )

THIS PE'rz1f1'c$1«:.iTS« ..FiLE.9 UNDER ARTICLES 226 AND
227 0:? T1-fa ¢ON$"I'FI"?.}TI.§}Pé op" mam PRAYING TO QUASH
THE4;I'ML§PGNI§{)___VORDER DATED 26/3/09 ANNEXURE -c:

 "  .PAssEr; gY~«R1 SFATE 'GOVERNMENT AND ETC.

 T1g¢:i§ 4i:»E*rrr10n: COMING on: FDR PRELIMINARY

 7._HEARrNG:. IN 8 GROUP, THIS mar THE COURT MADE THE
V *   .FOLLQWiBZG:-



ORDER

The petitioner has prayed foft’m_=: ‘V

school.

1:) Direct the I*1s:spor:dTer£t’§: ‘V3 ‘riot to
prohibit petit:io1ié:z*’$ a Teacher in
R-3 School. ‘

(3) Pass or direction that
in the facts and
ci1ciz;I£$tan<:és'§3f and in the nature of

just1'csé" " V .

f péfififiner claim’ s that he is appointed

:i3f’;$lCheI’ an permanent basis with effect

frém €13’/” Q?’/A2007 in 3111 respondent school run by

“=. “th§=: Qhréspondexzt iristituticm. According’ to him, he

fr-ee:r1 teaching from the date of his appointment

% this day; that the school was unaided at the time

V of his appointment but later the school is admitted to

%~/>

“a) stay aPDI’ova1 of R-cvs R-+3” –

5

3. The releifs as sought for by the

cannot be granted at this stage _maf . s»__mu¢;h”‘as:: .4 2

disputed facts are arising in the ifinatteriv —i;i:f

may, rejection of the petiticihvjfilgzd %

issuing an cndorsemgnt d;;1t::V{Ai”._2t’:.i[L'()3/Qvi)-()9 the
State Gevemment is ‘4 .’V’?{ ‘f_xt:;V:%3:>£:1:itioner has

not Sought f9r_:¢itl_r1er:_’ “bf any order
and he mo, but he has

soixght %ferA’aL. V. vthié: State Govermznent

Kamaiaka Education

Act(herei§E19fter as the “Act”), 1983 by fi]mg’

a Th§ér*ev–i.:3.«11o bar under Section 133 of the

_ ~- petitioner to approach the State

directly with a View to get necessary

dhfictigéfisv to the concerned. Accurdingly, the

“IL-V fxéfiitioner has appmached the State government

‘ fjnder Section 333 01’ the Act. In View of the same,

the reasons assigned by the State Government

Qffi

6

rejecting the petition flied by the petifioneeas.’ A’

maiI’1ta1na’ ble Cannot be sustained and gwax fig’ is 1 ” 9

liable to be quashed.

4. According to the he .

appointed to the post of Assietefit

from 01/09/2007 of the
respondent that as a
honoraweteejcflefiifer 4’*te– months but is not
appoifitcd éias “teacher. According to

respondefit. No.6 is appointed tn the

on regular basis with effect

21 and he is working $0 in the said

till this day. Therefore, the name of

‘2__the pefifiefier is not sent for the purpose of admitting

W’

5. In View of the rival contentions,

that the facts are in dispute. ‘l’13erefore,” ‘fie:

order can be passed in the ;g>et.:itio;£3_’ ‘-of.

favour of the pe1:itioner*” ‘ax: .tP:£e
respondents 2, 3 and eofitsefiopen
is to direct the Consider the
application fled..bVy 133
of the Act, _ to get the
facts following order is

made:

V? end’ei’ee§:e;nt Annexure “C” dated

/ :iss;.1ed by the State Govermnent stands

A<:iua§E§1ed;' Government shall consider the

V 'v filed by the pefitiorzer under Section

., tile Act on merits and in aceordanec with iaw.

'state Government may even three' 1: the

V flidoiiamissiener for Public Instruction or the Director

gr;

8

or any other competent officer as mcntiéwnfiid’.

Section 133 of the Act to conduct’

matter. Such exercise shall <3 §)rié '.foi__fm

months from the date of of ml
then the quesiion 'to_ She)! riot be
considered by the _me post in
question. It "is the
inquiry the State
(3ov«arI1:3:1e«!1_'t:: £0': orders relating to

aid in %

stands disposed of with

saga–.9bseNafions. in View of the order

'I_;¥ét';iti0n, Misc.'W.61147/2009 filed for

. '_ ' ~ stands rejected.

Sd/-

JUDGE

U kmv