AI Structured Summary
Not yet generated for this judgment
Judgment
B.S. Patil, J.—Petitioner was working as a Lecturer in respondent No.4/College, which is an aided educational institution. According to him, due to differences between petitioner and the Principal of the institution with regard to evaluation of examination papers, the Principal had forcibly taken the resignation of petitioner from the institution, based on which he was relieved from his duties on 03.08.2009. Though, petitioner requested the Principal to revoke the order accepting resignation, bringing to his notice pressure exerted on him to submit the resignation, the Principal did not revoke the order. Therefore, he has been constrained to approach this Court by filing this writ petition.
I have heard the learned counsel for petitioner.
Annexure ''C'' is the order dated 03.08.2009 issued by the Principal of B.V.B. Engineering and Technology College, Hubli, informing the petitioner that his resignation letter dated 03.08.2009 resigning from the post of Senior Grade Lecturer in Electronics and Communication Engineering, had been accepted and he was relieved from his duties with effect from 03.08.2009. It is this order that is sought to be challenged in this writ petition, along with a direction by way of writ of mandamus to respondent No.4, to consider the request of the petitioner to revoke the order accepting his resignation.
At the outset, as rightly contended by the learned counsel for the respondent/College, this writ petition filed against a private management, though it is an aided institution, is not maintainable. If at all, there was any grievance by the petitioner against the order passed by the Principal relieving him from his duties based on the letter of resignation submitted, the remedy available to petitioner was not by way of filing writ petition, but by invoking the provisions contained in Karnataka Education Act, 1983. Therefore, without entering into the merits of the matter, this writ petition is dismissed as not maintainable.
If petitioner is entitled in law to prosecute his remedy under Karnataka Education Act, 1983, dismissal of this writ petition will not come in the way.