Karnataka High Court
Dr. Gururaj S/O Bhimrao Kulklarni, vs The State Of Karnataka, on 11 December, 2015
Author: Raghvendra S. Chauhan
Bench: Raghvendra S. Chauhan
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 11th DAY OF DECEMBER, 2015
BEFORE
THE HON'BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN
WRIT PETITION Nos.111105/2015 AND
WRIT PETITION Nos.112233-112250/2015(S-RES)
BETWEEN:
1. DR. GURURAJ S/O BHIMRAO KULKARNI,
AGE:54 YEARS, OCC:PRINCIPAL,
SRI. S R NARSAPUR ARTS &
SRI. M B SHIRUR COMMERCE
COLLEGE, BAGALKOT,
DIST: BAGALKOT.
2. SHRI. SHESHASAYAN S/O ANNARAO
GUMASTEDESHAPANDE,
AGE:54 YEARS, OCC:ASSOCIATE
PROFESSOR, (SOCIOLOGY),
SRI. S R NARSAPUR ARTS &
SRI.M B SHIRUR COMMERCE COLLEGE,
BAGALKOT, DIST: BAGALKOT.
3. SHRI. SURESH S/O BANDERAO PARWATIKAR,
AGE:53 YEARS, OCC:ASSOCIATE
PROFESSOR, (COMMERCE),
SRI. S R NARSAPUR ARTS &
SRI.M B SHIRUR COMMERCE COLLEGE,
BAGALKOT, DIST: BAGALKOT.
2
4. DR. MAHADEV S/O GANESH DIXIT,
AGE:57 YEARS, OCC:ASSOCIATE
PROFESSOR, (ECONOMICS),
SRI. S R NARSAPUR ARTS &
SRI.M B SHIRUR COMMERCE COLLEGE,
BAGALKOT, DIST: BAGALKOT.
5. SMT. SHAKUNTALA GOVINDAPPA NAVALAGI,
AGE:52 YEARS, OCC:ASSOCIATE
PROFESSOR, (KANNADA),
SRI. S R NARSAPUR ARTS &
SRI.M B SHIRUR COMMERCE COLLEGE,
BAGALKOT, DIST: BAGALKOT.
6. DR. (SMT.) VIJAYAMALA SANGAYYA MATH,
AGE:51 YEARS, OCC:ASSOCIATE
PROFESSOR, (ENGLISH),
SRI. S R NARSAPUR ARTS &
SRI.M B SHIRUR COMMERCE COLLEGE,
BAGALKOT, DIST: BAGALKOT.
7. DR. DATTATRAYA S/O GAJANARAO KULKARNI,
AGE:56 YEARS, OCC:ASSOCIATE
PROFESSOR, (HISTORY),
SRI. S R NARSAPUR ARTS &
SRI.M B SHIRUR COMMERCE COLLEGE,
BAGALKOT, DIST: BAGALKOT.
8. DR. (SMT.) REVATI RAMACHANDRA DESHMUKH,
AGE:53 YEARS, OCC:ASSOCIATE
PROFESSOR, (STATISTICS),
SRI. S R NARSAPUR ARTS &
SRI.M B SHIRUR COMMERCE COLLEGE,
BAGALKOT, DIST: BAGALKOT.
9. DR. HUSENSAB S/O MAHAMMADGOUSE ATTAR,
AGE: 52 YEARS, OCC: ASSOCIATE
PROFESSOR (HINDI),
SRI. S R NARSAPUR ARTS &
3
SRI. M B SHIRUR COMMERCE
COLLEGE, BAGALKOT,
DIST: BAGALKOT.
10. DR. PRALHAD S/O SRINIVASRAO HUILGOL,
AGE: 56 YEARS, OCC: ASSOCIATE
PROFESSOR (COMMERCE),
SRI. S R NARSAPUR ARTS &
SRI. M B SHIRUR COMMERCE
COLLEGE, BAGALKOT,
DIST: BAGALKOT.
11. DR. VASANT S/O DATTATRAYA KULKARNI,
AGE:55 YEARS, OCC: ASSOCIATE
PROFESSOR (SOCIOLOGY),
SRI. S R NARSAPUR ARTS &
SRI. M B SHIRUR COMMERCE COLLEGE,
BAGALKOT, DIST: BAGALKOT.
12. SHRI. MARUTI S/O VENKATARAO MAHADIKAR,
AGE:52 YEARS, OCC:ASSOCIATE
PROFESSOR, (ECONOMICS),
SRI. S R NARSAPUR ARTS &
SRI. M B SHIRUR COMMERCE
COLLEGE, BAGALKOT, DIST: BAGALKOT.
13. DR. PRADEEP S/O RANGACHARYA JOSHI,
AGE:52 YEARS, OCC:ASSOCIATE
PROFESSOR (POLITICAL SCIENCE),
SRI. S R NARSAPUR ARTS &
SRI. M B SHIRUR COMMERCE
COLLEGE, BAGALKOT, DIST: BAGALKOT.
14. SRI. SHRINIVAS S/O NARASIMHARAO NARGUND,
AGE:48 YEARS, OCC:ASSOCIATE
PROFESSOR (COMMERCE),
SRI. S R NARSAPUR ARTS &
SRI. M B SHIRUR COMMERCE
COLLEGE, BAGALKOT, DIST: BAGALKOT.
4
15. SHRI. GURURAJ S/O JAYATIRTHACHAR MORAB,
AGE:53 YEARS, OCC:ASSOCIATE
PROFESSOR (KANNADA),
SRI. S R NARSAPUR ARTS &
SRI. M B SHIRUR COMMERCE
COLLEGE, BAGALKOT,
DIST: BAGALKOT.
16. SHRI. HANAMANT S/O SIDDAPPA GIDAGANTI,
AGE:50 YEARS, OCC:ASSOCIATE
PROFESSOR (GEOGRAPHY),
SRI. S R NARSAPUR ARTS &
SRI. M B SHIRUR COMMERCE
COLLEGE, BAGALKOT,
DIST: BAGALKOT.
17. DR. SIDDHARAM S/O SHANTAPPA HANGARAGI,
AGE:49 YEARS, OCC:ASSOCIATE
PROFESSOR (GEOGRAPHY),
SRI. S R NARSAPUR ARTS &
SRI. M B SHIRUR COMMERCE
COLLEGE, BAGALKOT,
DIST: BAGALKOT.
18. SHRI. APPASAHEB S/O SHIVAMURTHY LIGADE,
AGE:50 YEARS, OCC:PHYSICAL INSTRUCTOR,
SRI. S R NARSAPUR ARTS &
SRI. M B SHIRUR COMMERCE
COLLEGE, BAGALKOT,
DIST: BAGALKOT.
19. SHRI. DODDAPPA S/O HANAMAPPA BIRADAR,
AGE:49 YEARS, OCC:LIBRARIAN,
SRI. S R NARSAPUR ARTS &
SRI. M B SHIRUR COMMERCE
COLLEGE, BAGALKOT, DIST: BAGALKOT.
... PETITIONERS
(BY SRI A S PATIL, ADVOCATE)
5
AND:
1. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
REPRESENTED BY ITS PRINCIPAL
SECRETARY, VIDHANA SOUDHA,
BENGALURU.
2. THE STATE OF KARNATAKA,
TO THE DEPARTMENT OF EDUCATION
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA, BENGALURU.
3. THE COMMISSIONER,
DEPARTMENT OF COLLEGIATE
EDUCATION, NRUPATUNGA,
BENGALURU.
4. THE DIRECTOR OF COLLEGIATE EDUCATION,
VISHWESHWARAIAH TOWER,
DR. B.R.AMBEDKAR VEEDHI,
BENGALURU.
5. THE REGIONAL JOINT-DIRECTOR,
COLLEGIATE EDUCATION,
MINI VIDHANA SOUDHA,
D.C.COMPOUND, DHARWAD.
... RESPONDENTS
(BY SMT. K. VIDYAVATHI, AGA)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO STRUCK DOWN THE PROVISION OF THE
ACT NO. 07 OF "KARNATAKA PRIVATE AIDED
EDUCATIONAL INSTITUTIONS EMPLOYEES
(REGULATION OF PAY, PENSION AND OTHER
6
BENEFITS) ACT, 2014" AND CONSEQUENTLY TO QUASH
THE GAZETTE NOTIFICATION DATED 12.02.2014
PUBLISHED IN KARNATAKA GAZETTE IN
NO.SAMVYASHAE 60 SHASANA 2013, BANGALORE
DATED 12.02.2014 IN PART IV(A) BY THE RESPONDENT
NO.1 AS PER ANNEXURE-D AND ETC.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
The learned counsel for the petitioners submit that in the present petitions, they have challenged the constitutional validity of the Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and other Benefits) Act, 2014. According to the learned counsel, the issue raised in the present petitions was also raised in W.P. No.21216 of 2014 and connected matters. The said writ petitions have been decided by this Court by order dated 10-7-2015. By the said order, the co-ordinate Bench has struck down the said Act as being unconstitutional.
2. The operative portion of the said order is as under:
7
(i) Writ Petitions are hereby allowed.
(ii) The Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and other Benefits) Act, 2014 (Karnataka Act No.07/2014) is hereby struck down as ultravires of Constitution of India as it is opposed to Article 14 of Constitution of India and also encroaches upon the judicial powers of the Courts as discussed herein above.
(iii) Respondent - State shall continue to pay salary or pension as the case may be, to petitioners and similarly placed persons as was being paid pursuant to its earlier orders or in other words, as it was being paid prior to impugned enactment.
OR Respondent - State shall comply with the directions already issued by this Court extending the monetary benefits and treating the 8 petitioners working in Private Aided Educational Institutions on par with the employees working in Government Institutions.
(iv) In the event of respondent - State having recovered any amount/s pursuant to the impugned enactment, same is hereby ordered to be refunded to the respective petitioner/s by the State expeditiously, at any rate within eight weeks from the date of receipt of certified copy of this order.
3. Therefore, the learned counsel for the petitioners submit that the present petitions are equally covered by the said order.
Since the legal issue in the present petitions is the same, these petitions are hereby allowed in the terms of the decision in W.P. No.21216 of 2014.
Sd/-
JUDGE gab/-