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