Karnataka High Court
Sri K Ashwathanarayanappa vs The State Of Karnataka on 23 February, 2017
Author: A.N.Venugopala Gowda
Bench: A.N. Venugopala Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2017
BEFORE
THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA
WRIT PETITION NOs.34011-34015 OF 2010 (S-RES)
C/W
WRIT PETITION NOs.13246-13252 OF 2010 (S-RES)
WP Nos.34011-34015 OF 2010
BETWEEN:
1. SRI. K. ASHWATHANARAYANAPPA
AGED 47 YEARS
S/O. CHIKKAKAREPPA
ASSISTANT MASTER
SRI SARASWATHI CONVENT HIGH SCHOOL
SIDDLAGHATTA TALUK
SIDDLAGHATTA POST - 562 105
2. SRI. NANJAPPA
AGED 48 YEARS
S/O. THIPPANNA
ASSISTANT MASTER
SRI SARASWATHI CONVENT HIGH SCHOOL
SIDDLAGHATTA TALUK
SIDDLAGHATTA POST - 562 105
3. SRI. T.V. SRINIVASA REDDY
AGED 51 YEARS
S/O. VENKATARAMANNA
ASSISTANT MASTER
SRI SARASWATHI CONVENT HIGH SCHOOL
2
SIDDLAGHATTA TALUK
SIDDLAGHATTA POST - 562 105
4. SRI. SEENAPPA
AGED 50 YEARS
S/O. BATHYAPPA
ASSISTANT MASTER
SRI.SHARADA GIRLS HIGH SCHOOL
SIDDLAGHATTA TALUK
SIDDLAGHATTA POST - 562 105
5. SMT. M.P. RADHA
AGED 44 YEARS
W/O. K.R. VENKATESHA NAIK
ASSISTANT MISTRESS
SRI SHARADA GIRLS HIGH SCHOOL
SIDDLAGHATTA TALUK
SIDDLAGHATTA POST - 562 105
... PETITIONERS
(BY SRI.K.C.SHANTHA KUMAR, ADV., &
SMT. VIJAYALAKSHMI, ADV.,)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
EDUCATION DEPARTMENT
M.S. BUILDING
VIDHANA VEEDHI
BANGALORE - 560 001
2. THE COMMISSIONER FOR
PUBLIC INSTRUCTIONS IN KARNATAKA
NEW PUBLIC OFFICES
K.R. CIRCLE
BANGALORE - 560 001
3
3. THE DIRECTOR (SECONDARY EDUCATION)
DEPARTMENT OF PUBLIC INSTRUCTIONS IN
KARNATAKA
NEW PUBLIC OFFICES
BANGALORE - 560 001
4. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS
CHIKBALLAPUR DISTRICT
CHIKBALLAPUR
5. THE BLOCK EDUCATION OFFICER
CHIKBALLAPUR DISTRICT
CHIKBALLAPUR
6. THE BLOCK EDUCATION OFFICER
SIDDLAGHATTA
CHIKBALLAPUR DISTRICT
7. SRI. SARASWATHI EDUCATION TRUST (REGD)
SIDDLAGHATTA (TALUK)
SIDDLAGHATTA POST - 562 105
CHIKBALLAPUR DISTRICT
REPRESENTED BY ITS PRESIDENT
8. THE HEAD MISTRESS
SRI. SARASWATHI CONVENT HIGH SCHOOL
SIDDLAGHATTA TALUK
SIDDLAGHATTA POST - 562 105
CHIKBALLAPUR DISTRICT
9. SRI SHARADA EDUCATION TRUST (REGD)
SIDDLAGHATTA (TALUK)
SIDDLAGHATTA POST-562 105
CHIKBALLAPUR DISTRICT,
REPRESENTED BY ITS PRESIDENT
4
10. THE HEAD MISTRESS
SRI SHARADA GIRLS HIGH SCHOOL
SIDDLAGHATTA TALUK
SIDDLAGHATTA POST-562 105
... RESPONDENTS
(BY SMT.H.C.KAVITHA, HCGP. FOR R1 TO R6)
(R7 TO R10 ARE SERVED BUT UNREPRESENTED)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES OF 226 AND 227 OF THE CONSTITUTION OF
INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS
RELATING TO CONCERNING AND CONNECTED WITH THE
LETTER DATED 8.10.2010 VIDE ANNEXURE-G AND DATED
21.10.2010 VIDE ANNEXURE-H ISSUED BY THE DEPUTY
DIRECTOR OF PUBLIC INSTRUCTION, CHIKBALLAPUR
DISTRICT, CHIKBALLAPUR, PERUSE THE SAME AND
DECLARE THEM AS TOTALLY WITHOUT THE AUTHORITY
OF LAW AND HENCE ARBITRARY, FANCIFUL, CAPRICIOUS
AND VIOLATIVE INTERALIA OF ARTICLES 14, 21, 23 AND
24 OF THE CONSTITUTION OF INDIA, IN SO FAR AS THE
SAME PERTAINS TO THE PETITIONERS ONLY.
WP Nos.13246-13252 OF 2010
BETWEEN:
1. G B GOPAL
AGED 40 YEARS
S/O G N BYRAPPA
P.E TEACHER
SRI SARASWATHI CONVENT HIGHER SCHOOL
SIDDLAGHATTA (TALUK)
SIDDLAGHATTA POST-562 105
CHICKBALLAPUR DISTRICT
2. SRI M R NANJUNDA MUTT
AGED 52 YEARS
S/O LATE H. RAMA RAO
ASSISTANT MASTER
5
SRI SARASWATHI CONVENT HIGH SCHOOL
SIDDLAGHATTA (TALUK)
SIDDLAGHATTA POST-562 105
CHICKBALLAPUR DISTRICT
3. SRI S VIJAYASHANKAR
AGED 42 YEARS
S/O T. SUBRAHMANYA SHASTRY
ASSISTANT MASTER
SRI SARASWATHI CONVENT HIGH SCHOOL
SIDDLAGHATTA (TALUK)
SIDDLAGHATTA POST-562 105
CHICKBALLAPURDISTRICT
4. SRI M ASWATHA REDDY
AGED 43 YEARS
S/O MUNIVENKATAPPA
ASSISTANT MASTER
SRI SARASWATHI CONVENT HIGH SCHOOL
SIDDLAGHATTA (TALUK)
SIDDLAGHATTA POST-562 105
CHICKBALLAPUR DISTRICT
5. SRI T V CHANDRASHEKAR
AGED 50 YEARS
S/O B C VENKATAROYAPPA
ASSISTANT MASTER
SRI SARASWATHI CONVENT HIGH SCHOOL
SIDDLAGHATTA (TALUK)
SIDDLAGHATTA POST-562 105
CHICKBALLAPUR DISTRICT
6. SMT FARHATUNNISSA
AGED 50 YEARS
W/O SHAFFIULLA KHAN
ASSISTANT MASTER
SRI SARASWATHI CONVENT HIGH SCHOOL
SIDDLAGHATTA (TALUK)
6
SIDDLAGHATTA POST-562 105
CHICKBALLAPUR DISTRICT
7. SMT PANKAJA R
AGED 39 YEARS
W/O BYRA REDDY
ASSISTANT TEACHER
SRI VENKATESHWARA HIGH SCHOOL
DIBBURAHALLI POST
SIDLAGHATTA TALUK
CHICKBALLAPUR DISTRICT
... PETITIONERS
(BY SRI.K.C.SHANTHA KUMAR, ADV., &
SMT. VIJAYALAKSHMI, ADV.,)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
EDUCATION DEPARTMENT
M.S BUILDING, VIDHANA VEEDHI
BANGALORE
2. THE COMMISSIONER FOR PUBLIC
INSTRUCTIONS IN KARNATAKA
NEW PUBLIC OFFICES
K.R CIRCLE, BANGALORE
3. THE DIRECTOR (SECONDARY EDUCATION)
DEPARTMENT OF PUBLIC INSTRUCTION IN
KARNATAKA, NEW PUBLIC OFFICES,
BANGALORE
4. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS CHICKBALLAPUR
DISTRICT,
CHICKBALLAPUR
7
5. THE BLOCK EDUCATION OFFICER
CHIKBALLPUR DISTRICT
CHIKBALLAPUR
6. THE BLOCK EDUCATION OFFICER
SIDDLAGHATTA
CHIKBALLAPUR DISTRICT
7. SRI SARASWATHI EDUCATION TURST (REGD)
SIDDLAGHATTA (TALUK)
SIDDLAGHATTA POST
CHICKBALLAPUR DISTRICT
REPRESENTED BY ITS PRESIDENT
8. THE HEAD MISTRESS
SRI SARASWATHI CONVENT HIGH SCHOOL
SIDDLAGHATTA (TALUK)
SIDDLAGHATTA POST
CHICKBALLAPUR DISTRICT
... RESPONDENTS
(BY SMT.H.C.KAVITHA, HCGP. FOR R1 TO R6)
(R7 AND R8 ARE SERVED BUT UNREPRESENTED)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES OF 226 AND 227 OF THE CONSTITUTION OF
INDIA, PRAYING TO CALL FOR THE RECORDS RELATING
TO CONCERNING AND CONNECTED WITH THE LETTER
BEARING DATED 26.3.2010 VIDE ANNEXURE-C AND THE
MEMO OF EVEN NUMBER DATED 12.4.2010 VIDE
ANNEXURE-D ISSUED BY THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTION, CHIKBALLAPUR DISTRICT,
CHIKBALLAPUR, PERUSE THE SAME AND DECLARE THEM
AS TOTALLY WITHOUT THE AUTHORITY OF LAW AND
HENCE ARBITRARY, FANCIFUL, CAPRICIOUS AND
VIOLATIVE INTERALIA OF ARTICLES 14, 21, 23 AND 24 OF
THE CONSTITUTION OF INDIA IN SO FAR AS THE SAME
PERTAIN TO THE PETITIONERS ONLY.
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THESE PETITIONS COMING ON FOR HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
In view of the submission made by Sri.K.C.Shantha Kumar, learned advocate that these cases do not survive for consideration on account of the subsequent event of counselling held, the petitions stand disposed of accordingly, with no order as to costs.
Sd/-
JUDGE GH