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Judgment
A.N. Venugopala Gowda, J.—This writ petition is to declare the appointment of the 3rd Respondent as Special Officer of the Petitioner institution as without jurisdiction and to set aside the appointment of Respondent No. 5 to the post of the principal of the Petitioner institution made by the 3rd Respondent,
Heard the learned Counsel on both sides and perused the record.
The 3rd Respondent was appointed as a Special Officer of the Petitioner institution on 28.8.2008, pursuant to the order dated 11.1.2007 passed in W.P. 25480/2004. After the 3rd Respondent was appointed to the Petitioner institution, the 5th Respondent was appointed as the Principal of the Petitioner institution w.e.f. 28.10.2009. In view of the subsequent events, the main prayer in the writ petition does not survive for consideration, since the 3rd Respondent has ceased to be the special officer of the Petitioner institution.
The Petitioner had filed Appeal 26/2009 before the 2nd Respondent. The said appeal was disposed of on 30.4.2010. While disposing of the said appeal, certain material observations have been made in the penultimate portion of the order as at Annexure-Z. The 4th Respondent herein was directed to consider the aspects noticed therein and to take decision in the matter. For various reasons, 4th Respondent has not completed the exercise as directed finality in the said order, which has attained.
Sri Jagadeesh Mundargi, learned AGA appearing for Respondents No. 1, 2 and 4 would submit that, the 4th Respondent would take up the matter on 29.4.2011 and would complete the exercise and pass order on or before 9.5.2011. In view of the submission made by the learned AGA, it is unnecessary to consider the second prayer in the writ petition.
The Petitioner and the Respondents 5 to 8 herein are represented by Sri D.C. Jagadeesh, learned Advocate, are directed to appear before the 4th Respondent on 29.4.2011 at 11 a.m. and receive further instructions. Both the parties to render necessary co-operation to the 4th Respondent to pass final order in pursuance of the remand order, noticed supra, passed by the 2nd Respondent on 30.4.2010, The 4th Respondent is directed to pass final order on or before 9.5.2011.
Writ petition stands disposed of accordingly.
A carbon copy of this order be made available on 23.4.2011, to the learned AGA.