Raghuram L Naik & Others vs Government Of Karnataka By Its Principal Secretary Department Of Higher Education (Department Of Techical Education) Gate No. 2, 6th Floor, M S Building Bengaluru 560001 & Others

E.S. Indiresh, J

In this writ petition the petitioner has challenged the order dated 01.09.2022, passed by the respondent No.3 (Annexure-E) in respect of the compliance under Section 101 of the Karnataka Education Act, 1983 (hereinafter referred to as ‘the Act’, for short).

It is the case of the petitioners that, the impugned order passed by respondent No.3 is without jurisdiction and not as per Section 101 of the Act.

Heard the learned counsel appearing for the parties.

Having heard the Learned counsel appearing for the parties, in terms of the notification dated 20.03.2004 issued by the respondent-Government, the competent authority to pass the appropriate order is the Commissioner and In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioners. Accordingly, I pass the following:

ORDER

i. The writ petition is allowed.

ii. Impugned order dated 01.09.2022 passed by respondent No.3 is set aside.

iii. The matter is remitted to respondent No.2 – Commissioner, to consider the grievance of the petitioners and pass appropriate orders in accordance with law.

iv. The parties are directed to appear before the respondent No.2 - Commissioner on 06.03.2023 at 3.00 pm, without waiting for further notice.

v. Liberty is reserved to the impleading applicant herein to participate in the said proceedings.

In view of disposal of the main petition, I.A.2/2022 for impleading is also disposed of as does not survive for consideration.