Karnataka High Court
Dr Babu Jagajeevanaram vs State Of Karnataka on 20 September, 2024
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
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NC: 2024:KHC-D:13483
WP No. 104614 of 2024
C/W WP No. 103344 of 2023
WP No. 104234 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 20TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
WRIT PETITION NO.104614 OF 2024 (S-RES)
C/W
WRIT PETITION NO. 103344 OF 2023
WRIT PETITION NO. 104234 OF 2024
W.P.NO.104614/2024:
BETWEEN:
1. SRI SANGAPPA S/O. VEERAPPA SUTAGUNDAR,
AGED ABOUT 47 YEARS, OCC: TEACHER,
BASAVESHWAR GIRLS HIGH SCHOOL,
BAGALKOT, R/O: BAGALKOT,
TQ. AND DIST: BAGALKOT - 587 101.
2. SRI SOMANATH S/O. CHANNAYYA BANGARGUND,
AGED ABOUT 41 YEARS, OCC: TEACHER,
BASAVESHWAR GIRLS HIGH SCHOOL,
BAGALKOT, R/O: BAGALKOT,
TQ. AND DIST: BAGALKOT - 587 101.
3. SMT. KUSUMA D/O. SIDDARAYA HALASANGI,
AGED ABOUT 54 YEARS, OCC: TEACHER,
Digitally signed by
CHANDRASHEKAR
SIDDESHWAR HIGH SCHOOL, BILAGI,
LAXMAN
KATTIMANI R/O: BILAGI, TQ: BILAGI,
Location: High
Court of Karnataka DIST: BAGALKOT - 587 101.
4. SRI MALLAPPA S/O. MALIYAPPA BALADANDANNAVAR,
AGED ABOUT 43 YEARS, OCC: TEACHER,
SRI SHIVASHARANA SHIV APPAYYA
HIGH SCHOOL, NEELGUND, TQ: BADAMI,
DIST: BAGALKOT - 587 101.
5. SRI PRAKASH S/O. SHIVAPUTRAPPA KUMBAR,
AGED ABOUT 41 YEARS, OCC: TEACHER,
KADASIDDESHWAR HIGH SCHOOL
GULEDGUDD, TQ: GULEDGUDD,
DIST: BAGALKOT - 587 101.
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WP No. 104614 of 2024
C/W WP No. 103344 of 2023
WP No. 104234 of 2024
6. SRI SANGANAGOUDA S/O. SHIVANAGOUDA BIRADAR,
AGED ABOUT 39 YEARS, OCC: TEACHER,
SRI SHIVASHARANA SHIVAPPAYYA
HIGH SCHOOL, NEELGUND, R/O: NEELGUND
TQ: BADAMI, DIST: BAGALKOT - 587 101.
7. SRI SIDRAM S/O. BASAPPA DESAI,
AGED ABOUT 51 YEARS, OCC: SDC ADRSH
HIGH SCHOOL, NAVANAGAR, BAGALKOT,
R/O: BAGALKOT, DIST: BAGALKOT - 587 101.
...PETITIONERS
(BY SRI G. I. GACHCHINAMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY
TO PRIMARY AND SECONDARY,
EDUCATION DEPARTMENT,
VIDHANA VEEDHI, BENGALURU - 560 001.
2. THE BLOCK EDUCATION OFFICER,
BAGALKOT, DIST: BAGALKOT - 587 101.
3. THE DEPUTY DIRECTOR OF PUBLIC
INSTRUCTIONS, BAGALKOT,
DIST: BAGALKOT - 587 101.
4. THE ADDITIONAL COMMISSIONER,
DEPARTMENT OF PUBLIC INSTRUCTIONS,
DHARWAD, DIST: DHARWAD - 580 001.
5. THE MANAGEMENT,
DR. BABU JAGAJEEVANRAM
VIDYAVARDAKA AND SOCIAL WELFARE
COMMITTEE (R), R/O: BILLAKERUR,
BAGALAKOTE TALUK AND DISTRICT.
6. THE HEAD MASTER,
DR. BABU JAGAJEEVANRAM,
HIGH SCHOOL, R/O: BILLAKERUR,
BAGALAKOTE.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R4;
SRI S.H.MITTALKOD, ADVOCATE FOR R5 AND R6)
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WP No. 104614 of 2024
C/W WP No. 103344 of 2023
WP No. 104234 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, QUASH THE
IMPUGNED ORDER DATED 22-7-2024 BEARING NO.KRA.SAM.JI2.
2421. KHAPROUSHA: DR. BABUJARAPROUSHA. SHIKSHAKARU/MA.
RA: 2020-21/1076 ISSUED BY THE RESPONDENT NO.3 PRODUCED
AS ANNEXURE-K BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER
SUITABLE WRIT OR ORDER OR DIRECTION AND ETC.
W.P.NO.103344/2023:
BETWEEN:
DR. BABU JAGAJEEVANARAM,
VIDHYAVARDHAK AND SAMAJA KALYANA
SAMEETI (R), AT BILKERUR,
TQ. AND DIST: BAGALKOT,
BY ITS PRESIDENT,
KUM. BHUVANESHWARI DYAMAPPA BILKERUR,
AGE: 29 YEARS, OCC: SOCIAL WORK,
R/O: BILKERUR, TQ AND DIST: BAGALKOT.
...PETITIONER
(BY SRI S. H. MITTALKOD, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY PRINCIPAL SECRETARY,
PRIMARY AND HIGH EDUCATION DEPARTMENT,
M. S. BUILDING, BENGALURU - 560 001.
2. THE COMMISSIONER,
PUBLIC INSTRUCTIONS, DHARWAD - 580 001.
3. THE DEPUTY DIRECTOR, PUBLIC INSTRUCTIONS (ADMN.),
BAGALKOT - 587 101.
4. THE BLOCK EDUCATION OFFICER,
BAGALKOT - 587 101.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT
OF MANDAMUS TO CONSIDER THE REPRESENTATION OF
PETITIONER AT THE ANNEXURE-S DATED 14/03/2023 IN THE LIGHT
OF ANNEXURE - A ORDER 11-04-2022 OF THIS COURT IN WP
100836/2022, NOTWITHSTANDING THE ORDER PASSED BY THIS
HON'BLE COURT IN WP 102029/2022 DATED 21/06/2022 PRODUCED
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WP No. 104614 of 2024
C/W WP No. 103344 of 2023
WP No. 104234 of 2024
AT ANNEXURE-J, THE INTEREST OF JUSTICE. ISSUE A WRIT OF
MANDAMUS TO RESPONDENTS TO COMPLY THE ORDER OF THIS
COURT IN WP 100836/2022 IN LETTER AND SPIRIT OF GRANT
PERMISSION TO RECRUIT NEW CANDIDATES IN PLACE OF SIX
TEACHERS AND ONE SDA WHO ARE STAFF OF PETITIONER, WHO
ARE NOW DEPUTED IN PURSUANCE OF THE ORDER PASSED BY THIS
HON'BLE COURT IN WP 102029/2022 DATED 21/06/2022 PRODUCED
AT ANNEXURE-J, IN THE INTEREST OF JUSTICE AND EQUITY
AND ETC.
W.P.NO.104234/2024:
BETWEEN:
1. SRI SANGAPPA S/O. VEERAPPA SUTAGUNDUR,
AGE: 48 YEARS, OCC: TEACHER,
R/O: BILKERUR VILLAGE,
TQ AND DIST: BAGALKOT - 587 101.
2. SRI SOMANATH S/O. CHANNAYYA BANGARGUND,
AGE: 41 YEARS, OCC: TEACHERS,
R/O: DHAVALAGI VILLAGE,
TQ: MUDDEBIHAL, DIST: VIJAYAPUR,
NOW R/O: BILKERUR VILLAGE
TQ AND DIST: BAGALKOT - 587 101.
3. SMT. KUSUMA D/O. SIDDARAYA HALASANGI,
AGE: 54 YEARS, OCC: TEACHER,
R/O: VIDYAGIRI.
TQ AND DIST: BAGALKOT - 587 101.
4. SRI MALLAPPA S/O. MALIYAPPA BALADANDANNAVAR,
AGE: 43 YEARS, OCC: TEACHER,
R/O: KESNUR VILLAGE,
TQ AND DIST: BAGALKOT - 587 101.
5. SRI PRAKASH S/O. SHIVAPUTRAPPA KUMBAR,
AGE: 42 YEARS, OCC: TEACHER,
R/O: BILKERUR VILLAGE,
TQ AND DIST: BAGALKOT - 587 101.
6. SRI SANGANAGOUDA
S/O. SHIVANAGOUDA BIRADAR,
AGE: 39 YEARS, OCC: TEACHER,
R/O: BILKERUR VILLAGE,
TQ AND DIST: BAGALKOT - 587 101.
...PETITIONERS
(BY SRI NAVEEN CHATRAD, ADVOCATE)
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WP No. 104614 of 2024
C/W WP No. 103344 of 2023
WP No. 104234 of 2024
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY TO
PRIMARY AND SECONDARY EDUCATION DEPARTMENT,
VIDHAN VEEDHI, BENGALURU - 560 001.
2. THE ADDITIONAL COMMISSIONER,
DEPARTMENT OF PUBLIC INSTRUCTIONS,
DHARWAD, DIST: DHARWAD - 580 001.
3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS,
BAGALKOT, DIST: BAGALKOT - 587 101.
4. THE BLOCK EDUCATION OFFICER,
BAGALKOT, DIST: BAGALKOT - 587 101.
5. DR. BABU JAGAJEEVANRAO VIDYAVARDHAK
AND SOCIAL WELFARE COMMITTEE (R),
BILKERUR, TQ: BAGALKOT,
DIST: BAGALKOT - 587 101,
REPRESENTED BY ITS CHAIRMAN.
6. THE HEAD MASTER, DR BABU JAGAJEEVANRAO
HIGH SCHOOL, BILKERUR, TQ: BAGALKOT,
DIST: BAGALKOT - 587 101.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R4;
SRI S.H.MITTALKOD, ADVOCATE FOR R5 AND R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, A WRIT OR ORDER
OR DIRECTION IN THE NATURE OF MANDAMUS, DIRECTION TO THE
RESPONDENT NO.2 TO 4 TO CONSIDER THE REPRESENTATION
SUBMITTED BY THE PETITIONERS ONLY DATED 08-02-2024,
29-04-2024 AND 22-05-2024 VIDE ANNEXURE-D, F AND G. A WRIT
OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS,
DIRECTION TO THE RESPONDENT NO.2 TO 4 TO RELEASE THE
SALARY OF THE PETITIONERS ONLY BY TAKING NECESSARY
DOCUMENTS FROM THE 5TH AND 6TH RESPONDENTS OR FROM ANY
MODES AND ETC.
THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 104614 of 2024
C/W WP No. 103344 of 2023
WP No. 104234 of 2024
ORAL ORDER
W.P.no.103344/2023 is filed seeking for direction to consider petitioners' representation dated 14.03.2023 at Annexure-S in light of order dated 11.04.2022 at Annexure-A in W.P.no.100836/2022 without regard to order passed in W.P.no.102029/2022 dated 21.06.2022 at Annexure-J and further mandamus directing respondents to comply order passed in W.P.no.100836/2022, or grant permission to recruit new staff etc.
2. It was submitted petitioner was running aided educational institution by name Dr.Babu Jagajeevanram High School at Bilkerur, Bagalakote Taluk with due recognition. It was submitted an order was passed withdrawing recognition of School on ground of lack of infrastructure. Said order was questioned by Management in W.P.no.100836/2022. On 11.04.2022, said writ petition was allowed and order canceling recognition was quashed. It was submitted, in meanwhile, teaching and non-teaching staff of petitioner- School were redeployed to other aided institutions. In view of quashing of order canceling recognition, Teaching and -7- NC: 2024:KHC-D:13483 WP No. 104614 of 2024 C/W WP No. 103344 of 2023 WP No. 104234 of 2024 Non-teaching staff was required to be repatriated. As staffs were redeployed to other institutions, petitioner submitted representation at Annexure-S either to permit petitioner institution to make fresh recruitment or requesting Government to pay expenses for engaging guest lecturers to discharge work or to repatriate staff of petitioner's institution back to respondent no.6 - School. It was submitted by order dated 22.07.2024, Deputy Director of Public Instructions, Bagalakote had passed an order redeploying staff of petitioner's institution back to said School. However, said staff had filed writ petition and obtained interim order against said order. Therefore, though petitioner's grievances would have been addressed by virtue of said order, it would revive only in case said order was set aside or modified in W.P.no.104614/2024 filed by staff.
3. W.P.no.104614/2024 is filed seeking for quashing of order dated 22.07.2024 passed by respondent no.3 at Annexure-K etc.
4. Sri Gurudev I.Gachchinmath learned counsel for petitioners submitted that petitioners were teaching and -8- NC: 2024:KHC-D:13483 WP No. 104614 of 2024 C/W WP No. 103344 of 2023 WP No. 104234 of 2024 non-teaching staff, earlier working at respondent no.6- School run by respondent no.5-Management. It was submitted on 02.02.2022, an order was passed withdrawing recognition of respondent no.6 due to short fall in infrastructure. Consequent thereto petitioners were redeployed to other aided Schools by order dated 28.02.2022 by respondent no.3.
5. It was submitted though management had filed writ petition against order of withdrawal of recognition in W.P.no.100836/2022, in order dated 11.04.2022 allowing said petition, a condition was imposed that management shall report compliances with required norms, within four months. It was submitted despite lapse of said period, there was no compliance. Consequently, restoration of recognition of petitioner was under cloud. Such being case, impugned order passed redeploying petitioners back to respondent no.6
- Institution would subject their services to hazard. In case of withdrawal of recognition, they were likely not to be paid salaries by respondent-State. It was submitted, petitioners were subjected to multiple orders of transfer and they are -9- NC: 2024:KHC-D:13483 WP No. 104614 of 2024 C/W WP No. 103344 of 2023 WP No. 104234 of 2024 dutifully obeyed them. That apart, petitioners had suffered misery at hand of management during their tenure and were apprehensive about vengeance being meted out against them.
6. It was submitted Rule 4 of Karnataka Educational Institutions (Karnataka Educational Institution Recognition of Primary and Secondary School) Rules, 1999 ('Rules, 1999' for short) provided mandatory conditions for grant of recognition. Rule 4(1)(a) of Rules, 1999, required that land on which building is constructed should be in name of Educational Institution. It was submitted, said requirement was not complied. It was further submitted, land on which School was constructed was subject matter of civil litigation between management and its owner and there was an interim order of status-quo. Therefore, there was no compliance with mandatory conditions. Consequently, petitioner cannot claim benefit of order in
7. In W.P.no.100836/2022, also serious dispute about gift deed, based on which respondents no.5 and 6 were claiming right in respect of land. Attention was drawn
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NC: 2024:KHC-D:13483 WP No. 104614 of 2024 C/W WP No. 103344 of 2023 WP No. 104234 of 2024 to notice issued by Gram Panchayath against illegal water connection and construction put up without permission etc., as per Annexures-P and Q. On said grounds sought for allowing writ petition.
8. Smt.Girija S.Hiremath, learned High Court Government Pleader for official-respondents in both writ petitions submitted that after passing of order in W.P.no.100836/2022, recognition stood restored and institution was running. Taking note of same, order at Annexure-K dated 22.07.2024 in W.P.no.104614/2024 was passed redeploying petitioners staff back to respondent no.6- school. In view of said order, nothing survived for consideration in W.P.no.103344/2023.
9. Sri Aravind D.Kulkarni, learned counsel appearing for impleading applicant on I.A.no.5/2024 submitted that applicant had filed O.S.no.14/2009 for declaration of his rights in respect of land on which school was constructed and pendency of said litigation was noted in order passed in W.P.no.100836/2022. It was in such context application for impleading was filed.
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10. Sri Prakash R.Badiger, learned counsel for proposed respondent no.9 on I.A.no.3/2024 submitted that petitioner no.2 was working at their school in pursuance of order of redeployment. For protection of said arrangement application for impleading was filed.
11. Likewise, Sri Shiva Shirur, learned counsel for proposed respondent no.8 on I.A.no.4/2024 submitted petitioners no.4 and 6 are working at their institution. Hence, application was filed.
12. Sri Naveen Chatrad, learned counsel for petitioner in W.P.no.104234/2024 submitted, writ petition was filed for mandamus directing respondent no.4 to consider petitioners' representations dated 08.02.2023, 29.04.2024 and 22.05.2024 at Annexures-D, F and G respectively and to release salary by obtaining service records from respondents no.5 and 6-institution. It was submitted, petitioners had complied with order of redeployment and reported to redeployed institution. However, as their service records were not transmitted by respondents no.5 and 6-institution, transferee institutions could not draw their salaries. Hence,
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NC: 2024:KHC-D:13483 WP No. 104614 of 2024 C/W WP No. 103344 of 2023 WP No. 104234 of 2024 they were not paid salaries and therefore, they had filed representation and sought for direction for consideration.
13. In reply, Sri S.H.Mittalkod, learned counsel for respondents no.5 and 6-institution, sought to submit that only after petitioners joined back to respondents no.5 and 6- institution as per order of redeployment dated 22.07.2024, they would be able to send records for Government for payment of salary. Until then it would not be their salary Drawing Officer. It was further submitted, insofar as period from date of withdrawal of recognition till order of redeployment dated 22.07.2024, respondents had obtained orders of redeployment without permission of or making management as a party and therefore, it was not obliged to send their service records.
14. Heard learned counsel and perused writ petition records.
15. Insofar as W.P.no.104614/2024, grievances of petitioners teaching and non-teaching staff of respondents no.5 and 6-institution are that there was withdrawal of
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NC: 2024:KHC-D:13483 WP No. 104614 of 2024 C/W WP No. 103344 of 2023 WP No. 104234 of 2024 recognition on account of various non-compliances and though order was passed in W.P.no.100836/2022, same was subject to condition of compliance. It is their contention that compliance was not yet complete and therefore, recognition would be deemed to be cancelled. Under such circumstances, they cannot be redeployed back to institution lacking recognition.
16. But, in view of categorical admission by respondent no.3-Deputy Director of Public Instructions, Bagalkote that recognition insofar as respondent no.6-school stood restored, apprehensions of petitioners would be without much basis.
17. Various instances of non-compliances still remaining would not be within scope of powers of duties of teaching and non-teaching staff. It is for official respondents
- authorities to verify compliance and take appropriate action in case of shortfall. Authorities having passed orders for redeployment, petitioners would not be justified in expressing apprehensions without proper basis.
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18. It would be however open to petitioners to espouse any grievances against management before authorities insofar as their service conditions are concerned as was sought to be contended by learned counsel for petitioners. In case grievances are reported, respondent - authorities to take timely and appropriate action. At same time submission by learned counsel for respondents no.5 and 6-institution that apprehensions are baseless is also noted.
19. In view of above, petitioners' challenge insofar as Annexure-K would be untenable and is rejected. Consequently, W.P.no.104614/2024 is dismissed.
20. In view of dismissal of above writ petition, grievance of management in W.P.no.103344/2023 would not survive for consideration. Therefore said writ petition is dismissed as having become infructuous.
21. In W.P.no.104324/2024, grievance of petitioners is non-payment of salary for work discharged by them, after on their redeployment consequent upon withdrawal of recognition of respondents no.5 and 6-institution. It is not in
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NC: 2024:KHC-D:13483 WP No. 104614 of 2024 C/W WP No. 103344 of 2023 WP No. 104234 of 2024 dispute that petitioners have obtained order of redeployment and reported at redeployed institution. If it is so, petitioners would be entitled for salary for period they have worked. In this regard, respondents no.5 and 6-institution would not be justified on any count to deny or refuse to submit petitioners' service records as during that period, recognition granted to respondents no.5 and 6-institution stood withdrawn. As petitioners were working in aided posts, they were rightly redeployed to other aided institutions having vacancies. Having worked in such institutions, there could be no justification whatsoever to deny payment of their salaries. Therefore, direction is issued to respondents no.5 and 6- institution to submit service records of petitioners to respondent no.3-DDPI within a period of two weeks from date of receipt of certified copy of this order.
22. Thereafter, respondent no.3 shall forthwith forward them to schools where petitioners were redeployed and worked until now, for purposes of drawing their salary. Respondent no.3 shall supervise and ensure that petitioners' salary proposals are processed as expeditiously as possible,
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NC: 2024:KHC-D:13483 WP No. 104614 of 2024 C/W WP No. 103344 of 2023 WP No. 104234 of 2024 within an outer limit of four weeks and thereafter ensure return of service books of petitioners back to respondent no.6-institution.
23. Petitioners are directed to report for duty, in terms of order dated 22.07.2024 at respondents no.5 and 6- institution, within two weeks from today. Respondents no.5 and 6-institution shall accept their duty report forthwith. Thereafter respondents shall pass appropriate orders for treating said period as on duty, taking note of interim order passed by this Court. With above directions, writ petition stands disposed of.
Failure to forward service book of petitioners as directed shall render respondents no.5 and 6 liable for imposition of costs or compensation in addition to their claims of salary.
In view of disposal, pending applications are dismissed as unnecessary.
Sd/-
(RAVI V.HOSMANI) JUDGE EM/CLK List No.: 1 Sl No.: 15