Marimallappa Education Trust, Rep. By Its Honorary Secretary v. State Of Karnataka, Rep. By Its Principal Secretary, Department Of School Education And Literacy
2025-11-05
S.R.KRISHNA KUMAR
body2025
DigiLaw.ai
ORDER : S.R.KRISHNA KUMAR, J. Both these petitions take exception to the communication at Annexure K dated 04.07.2025 and orders, both dated 07.08.2025 at Annexure L (in W.P.No.32505/2025) and at Annexure Z (in W.P.No.25571/2025), issued by the State Government to the Director of Pre-University Education, whereby, the salary grant extended in favour of the four lecturers, viz. Sri. Prakash M., Sri. Shashikumar, Sri. Doddakale Gowda S.K. and Sri. Manjunath H.N., who are respondents in W.P.No.32505/2025 (petitioners in Writ Petition 25571/2025), was withdrawn by the Director of Pre-University Education. 2. Writ Petition No.32505/2025 is filed by Marimallappa's Education Trust and its Pre-University College Principal, while W.P.No.255712025 is filed by the aforesaid four Lecturers, whose salary grant has been withdrawn by the impugned orders. 3. Since common questions of law arise for consideration in both these petitions, they are taken up and disposed of by common order. 4. A perusal of the material on record will indicate that one Sri.A.S. Mallikarjunaswamy preferred Writ Petition No.18893/2021 (S-RES) which was disposed of by this Court vide final order dated 28.08.2024 as hereunder: "6.Consequently, this writ petition is allowed . The respondents are directed to furnish a copy of the three man committee report to the petitioner within one month from the date of receipt of a copy of this order. They shall also consider the allegations made by the petitioner in his representation dated 25.10.2018, in the light of the report of the three man committee and pass appropriate orders and duly intimate the petitioner, which shall be done within three months from the date of receipt of a copy of this order" 5. Since the said direction issued by this Court in the aforesaid writ petition was not complied with by the State Government and the Director of Pre-University Education, the said A.S. Mallikarjuna Swamy proceeded to initiate the contempt proceedings in C.C.C.No.258/2025 before the Hon'ble Division Bench of this Court. The said contempt proceedings are pending consideration before this Court. 6. Meanwhile, the respondent No.1 addressed a communication dated 04.07.2025 at Annexure K, calling upon the Director of Pre-University Education to take appropriate steps regarding withdrawal of grant in favour of the said four lecturers, who are the petitioners in Writ Petition No.25571/2025.
The said contempt proceedings are pending consideration before this Court. 6. Meanwhile, the respondent No.1 addressed a communication dated 04.07.2025 at Annexure K, calling upon the Director of Pre-University Education to take appropriate steps regarding withdrawal of grant in favour of the said four lecturers, who are the petitioners in Writ Petition No.25571/2025. In pursuance of the aforesaid communication, the second respondent/ Director of Pre-University Education proceeded to pass the impugned order dated 07.08.2025, aggrieved by which, the Trust and the Principal of the College on the one hand and the four lecturers on the other, are before this Court by way of the present petitions. 7. Learned counsel for the petitioners submits that though show cause notice dated 15.07.2025 was issued by the second respondent/Director of Pre-University College to the Management (petitioner No.1 in Writ Petition No.32505/2025), the petitioner submitted a representation dated 28.07.2025, inter alia, requesting the respondent Nos.1 and 2 to furnish documents for the purpose of submitting suitable reply to the show cause notice and contest the claim of the respondents. 8. It is submitted that though a specific request was made by the petitioner/Management dated 28.07.2025 which is being referred to at Sl.No.8 in the impugned order dated 07.08.2025, the second respondent/Director of Pre-University Education has proceeded to pass the impugned order in violation of the principles of natural justice and without conducting any enquiry nor providing sufficient and reasonable opportunity to the petitioner Management or the petitioners/lecturers or furnishing the documents as sought for by them and as such, the impugned orders deserve to be set aside and the matter remanded back to the second respondent for reconsideration afresh by conducting necessary enquiry and to proceed further in the matter. 9. Per contra, learned High Court Government Pleader for respondents No. 1 to 3, opposes the petitions and submitted that there is no merit in the petitions and the same are liable to be dismissed. 10. A perusal of the undisputed material on record will indicate that in the impugned orders themselves, the second respondent/Director of Pre-university Education has referred to the specific written representation dated 28.07.2025 at Sl.No.8 at Annexure L (in W.P.No.32505/2025) and at Annexure Z (in W.P.No.25571/2025).
10. A perusal of the undisputed material on record will indicate that in the impugned orders themselves, the second respondent/Director of Pre-university Education has referred to the specific written representation dated 28.07.2025 at Sl.No.8 at Annexure L (in W.P.No.32505/2025) and at Annexure Z (in W.P.No.25571/2025). It is relevant to state that having regard to the aforesaid representation/request made by the petitioners dated 28.07.2025, the second respondent/Director of Pre-University Education has proceeded to pass the impugned orders without conducting necessary enquiry nor furnishing the documents nor providing sufficient and reasonable opportunity to the petitioners, thereby violating the principles of natural justice and consequently, on this short ground alone, I am of the considered opinion that the impugned orders deserve to be set aside and the matter remitted back to the second respondent/Director of Pre-University Education, for reconsideration afresh, in accordance with law. 11. Insofar as the contention urged on behalf of the petitioners that the impugned communication at Annexure K dated 04.07.2025 issued by the State Government to the second respondent/Director of Pre-University Education cannot be construed or treated as delegation of power, in the absence of any Notification as contemplated under Section 143 of the Karnataka Education Act, 1983 coupled with the fact that it is only the State Government which is empowered to withdraw the grant under Section 53 of the said Act of 1983 is concerned, it will always be open for the petitioners to raise their ground regarding lack/want of jurisdiction/authority of law on the part of the second respondent/Director of Pre-University Education to initiate proceedings while filing their objections before the second respondent, who would be directed to consider these objections also at the time of taking appropriate decision in accordance with law. 12. Learned High Court Government Pleader for the respondent Nos.1 to 3 and the learned counsel for the petitioners jointly submit that since the genesis of the impugned orders was the final order dated 28.08.2024 passed in Writ petition No.18893/2021(S-RES) and the contempt proceedings in C.C.C.No.258/2025 filed by the Sri. A.S. Mallikarjunaswamy, who is the complainant in the contempt proceedings, which is posted tomorrow, the respondent No.2 may be directed to notify the said Sri.A.S. Mallikarjunaswamy / writ petitioner in W.P.No.18893/2021 (S-RES) and provide an opportunity to him also and hear him before proceeding further in the matter. 13. The said submission is placed on record. 14.
A.S. Mallikarjunaswamy, who is the complainant in the contempt proceedings, which is posted tomorrow, the respondent No.2 may be directed to notify the said Sri.A.S. Mallikarjunaswamy / writ petitioner in W.P.No.18893/2021 (S-RES) and provide an opportunity to him also and hear him before proceeding further in the matter. 13. The said submission is placed on record. 14. In the result, I pass the following: ORDER i) Both the petitions are hereby allowed. ii) The impugned order at Annexure L dated 07.08.2025 passed by the second respondent in W.P.No.32505/2025 and the impugned order at Annexure Z dated 07.08.2025, passed by the second respondent in Writ Petition No.25571/2025, are hereby set aside and the matter is remitted back to the second respondent/Director of Pre-University Education, for reconsideration afresh, in accordance with law. iii) The petitioners in W.P.No.32505/2025 as well as the petitioners in W.P.No.25571/2025 are directed to furnish a list of documents sought for by them at the time of appearance before the second respondent/Director of Pre-university education by appearing before him on 17.11.2025. iv) Upon the respondent No.2/Director of Pre-University Education furnishing requisite documents to the petitioners, liberty is reserved in favour of the petitioners to furnish pleadings, documents, objections, etc., which shall be considered by the second respondent, who shall provide sufficient and reasonable opportunity to the petitioners and proceed further in accordance with law. v) While doing so, the second respondent shall also notify Sri. A.S. Mallikarjunaswamy, the petitioner in Writ Petition No.18893/2021 (S-RES)/complainant in the contempt proceedings in C.C.C.No.258/2025 and hear him and provide him sufficient and reasonable opportunity to him and proceed further in accordance with law, and conclude the proceedings as expeditiously as possible. vi) It is further directed that till the second respondent passes appropriate orders and takes appropriate decision, as stated supra, in view of quashment of the impugned orders dated 07.08.2025 in both the petitions, the first respondent/State shall continue to pay the grant in favour of the petitioners in Writ Petition No.25571/2025. vii) All the rival contentions on all aspects of the matter including legality, validity and correctness of the communication dated 04.07.2025 issued by the first respondent to the second respondent/Director of Pre-University Education are kept open and no opinion is expressed on the same.