2.
(av M1s.vAsoEv:Aséo«:,iArE$) -_ u
i
N THE HiGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
mm: mas THE ?'"" DAY OF JULY 2008
BEFORE
THE HON'BLE MR. JUSTJCE N.K. PATi_l;.:''''*~'.' :
wnrr PETITJON NO. 33313 of 2002 !,s;aI-:8) {
BETWEEN:
1. 5:22. mas. KUMAR BHSMAJI DESHPANDE, *
SIO. BHSMAJI, AGED 37 YEARS, A
P.E. TEACHER, ._
JAGADAMBA KARNATAKA GIRLS HSGHER
PRSMARY SCHOOL, _ K
HITTANAHALLI, swans: TA:.,t_.:K,a:aAPua E}l$":"-.
sRa.R.M..1osH:, _. 2 * "
SIC}. MANOHAR JOSE-I3. A_G&"£Z> 30"YE.EAR$., ' V'
ASSlSTANTTEACHEFi.,
JAG'-ADAMBA :<ARt~wAi<A ems HIGHER "
PREMARYSCHQOL, " ,
H:TTANAHAu.:;...s:ND'en.TAL-in * _
suapuauasr . . a '
PETITIONERS
AND; _. .
1.
3» A
V ' ._$E<:RETARv_ BIJAPUR.
{Ev 312:. M. KUMAR, ASA FOR R3 TO 3;
:THE' é'r.4né or ;§iARr;m«TAxA REPRESENTED
BY--!_TS SECRETARY; 'EDUCATION DEPARTMENT,
(PRIrs-!ARi'{. ANC3. $&CONGAE€Y EDUCATION}
MS. BUILEBING, ' A 'V ' "
,,._W . gANc;A:.ofzE.'saQ '; _ A.
THE DIREC;§QR;\QF i5'%2IMARY EDUCAUGN IN
.1'jv»*;VtJ '1"~.r nmecroa OF PUBLSC iNSTRUCTiONS,
' BIJAF-1VJ_R'£3!3TR%CT,BIJAPUR.
aézée JAGADAMBA VIDYAVARDHAKA SANGHA,
YAMBH, IND! TALUK, REPRESENTED BY ITS
RESPONDENTS
R4 — SERVED AND UNREPRESENTED)
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December 1996 and his appointment has been approved
on 11*” March 1997 and even now, they are working in
the respective Schools. it is their specific case
Court that, in spite of forwarding flue
the second respondent through the ” »
where they are working, the .
considered fine said recornrr:§endation__ any’
decision on flue same,’ in einiiiajr rna;ttere,’tl*lie”V§C3ourt had
issued a direction in3e47/1992 stating
mat, the reepondenti1:$tete”1′{sha_il:f’ on the basis of
inepections’V’.V°’icrr;§§L;$feéi;….pgreuant to its circular dated 15′
June Private Educational Institution
do no’t«…_o.oesess the minimum infrastructural
.’Vfacilitiee’lpreecribed for such institutions in terms of the
and the ruim framed under Education Act and
Ainitie7te_1A’3~prcceedinge under Section 53 of the Act for
of aid to such institutions, etc. Accordingly,
Department has under taken verification of the
appointment of all the Teachers at Bijapur and Gulbarga
..,.____~___«_w__WmNWm_.
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and after hearing respective parties, the second
respondent has passed the order on 17″‘ Januaafy~–.»2_O01
declaring that, 210 teachers are appointed es.
and flwey are eligible to continue in
teachers have been treated; not». “I ”
accordance with Rules. -The heroes
pefitioners are found st in
the iist of eligibie’*–.V:'{e_ache:fs itdep;-spared by second
respondent. V <_:i'*t.__is ioefitioners that, in
spite respondent has neither released
the seiary. of nor considered their request.
Therefore!' Were. constrained to redress their
of giving representations and
it vseverai requests Waugh the institutions
are working. in'. spite of that, the said
it "austerity has failed to take a final dmision. Therefore,
Atpetitioners are constrained to redress flieir grievance
it V' H before dais Court by presenting the instant writ petition.
A
I/–~—«~_.~._.,
S
3.” I have heard learned counsel appearing for
petitioners and learned Addifional Government Advocate
appearing for respondents 1 to 3.
4. After cerefu! peruse! of the materiei
file and the statement of objecéiioris filed by L1;
to 3 dated 20*” October
respondents have stated Eegehriy
appointed teachers has been
placed beforethe (Primary
for orders in the matter.
Further, ‘eitdis smted that, the names of “dress
petitioners V.h_eve inoiuded and the eatery of such
‘ are reteesed in View of the order to be
, second rmpondent. Therefore, in View of
{he made in the statement of objecfions filed
V ” by responden’ts, wifiaout expressing any opinion on merits
hdofhflve case, to meet flue ends ofjuwoe, it would suffice for
‘ this Court to issue appropriate direction to second
respondent to consider the request of petitioners for
sd/..
6
release of the salary and to take appropriate decision in
accordance with iaw.
5. Accordingiy, the writ petition filed
is disposed of with a direction to smond..i’esperj:der’2fV’tcV’i»
consider the request of petitions: for..reie.§.se .of~.se»!’e~afiy and
take appropriate dmision 4…ecccrde’nce visyq
already taken any decision, possible,
at any rate, within a from the date
of receipt of epccpy ii
aeeawatiaes, the writ petition fiied by
pefitionere is iofie j
Judge