Karnataka High Court
Shri. S S Angadi, vs The State Of Karnataka, on 5 August, 2013
Bench: N.Kumar, H.S.Kempanna
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
Dated this the 5th day of August, 2013
PRESENT
THE HON'BLE MR. JUSTICE N. KUMAR
AND
THE HON'BLE MR. JUSTICE H.S. KEMPANNA
W.A. NO. 30281 OF 2013 (S-PRO)
BETWEEN:
SHRI S S ANGADI,
AGE: 47 YEARS,
OCC: HEAD MASTER
NEW ENGLISH
HIGH SCHOOL,
GOKAK, AT: GOKAK
R/O: #99, "SHIVALINGESHWARA
KRUPA" MAHALINGESHWARNAGAR,
FALLS ROAD, GOKAK.
DIST: BELGAUM.
... APPELLANT
(By Sri. JAGADISH PATIL, ADV.)
AND
2
1. THE STATE OF KARNATAKA,
DEPARTMENT OF PRIMARY AND
SECONDARY EDUCATION,
REP. BY ITS SECRETARY,
M.S.BUILDING,
BANGALORE-560 001.
2. UNDER SECRETARY,
DEPARTMENT OF PRIMARY AND
SECONDARY EDUCATION,
REP. BY ITS SECRETARY,
M S BUILDING,
BANGALORE-560 001.
3. THE COMMISSIONER,
OFFICE OF THE COMMISSIONER,
DEPARTMENT OF PUBLIC
INSTRUCTIONS,
DHARWAD.
4. THE DIRECTOR,
DEPARTMENT OF PUBLIC
INSTRUCTIONS, DHARWAD,
DIST: DHARWAD.
5. THE DEPUTY DIRECTOR,
DEPARTMENT OF PUBLIC
INSTRUCTIONS, BELGAUM,
DIST: BELGAUM.
6. THE CHAIRMAN,
NATIONAL EDUCATION SOCIETY,
GOKAK, DIST: BELGAUM.
7. KALAVATI MARUTI BHARNATTI,
D/O. MARUTI L BHARNATTI,
AGED ABOUT: 42 YEARS,
OCC: ASSISTANT TEACHER,
PJN HIGH SCHOOL, KALLOLI,
3
R/O: LAKSHMI BUILDING,
NEAR LET COLLEGE,
ADITYA NAGAR, AT: GOKAK,
DIST: BELGAUM.
... RESPONDENTS
(By Sri. G K HIREGOUDAR, ADV. FOR C/R7)
THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO, SET ASIDE THE ORDER OF
THE LEARNED SINGLE JUDGE PASSED IN
WP.NO.67420/2010(S-PRO) DATED:17/01/2013 AND
CONSEQUENTLY ISSUE WRIT IN THE NATURE OF CERTIORARI
TO QUASH THE IMPUGNED ORDER DATED:30/12/2009
PASSED BY RESPONDENT NO.3, IN APPEAL NO.6/2009-10 VIDE
ANNEXURE-L AND ALSO QUASH THE IMPUGNED ORDER
DATED:21/09/2010 PASSED BY RESPONDENT NO.2, IN APPEAL
NO.33/2010 VIDE ANNEXURE-M.
This Writ Appeal coming on for orders this day,
N. KUMAR J., delivered the following:
JUDGMENT
This appeal is preferred challenging the order passed by the learned single Judge who has declined to interfere 4 with the order passed by the Appellate Authority and dismissed the Writ Petition.
2. The subject matter of this proceedings is, the promotion of Sri S.S.Angadi as the Headmaster of New English High School, Gokak. The same was challenged on the ground that it is not in accordance with the 1979 roaster. The Appellate Authority after considering the rival contentions and taking note of the earlier orders passed, held that the said promotion is contrary to 1979 roaster and therefore the same was set aside. The said order was challenged by S.S.Angadi by filing a Writ Petition. The learned single Judge after considering the rival contentions was of the view that the Appellate Authority's order is in accordance with law and no case for interference is made out. It is against the said order this appeal is filed.
3. From the material on record it is clear that it is the 1979 roaster which has to be operated to grant promotions. 5 Therefore, the order passed by the Appellate Authority is in accordance with law. The learned single Judge was justified in not interfering with the order of the Appellate Authority. Hence, there is no merit in this Writ Appeal and accordingly it is dismissed.
SD/-
JUDGE SD/-
JUDGE ckl/-