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1998 Supreme(Kar) 282

R.P.SETHI, V.GOPALA GOWDA
STATE OF KARNATAKA – Appellant
Versus
B. R. CHOWDAPPA – Respondent


Advocates:
B.M.SIDDAPPA, BASAVA PRABHU S.PATIL, DESAI AND CO., G.G.CHAGASHETTY, HEMATATHA MAHISHI, I.R.BIRADAR, K.I.BHATTA, K.O.VIJAYAKUMAR, K.SUBBA RAO, K.VISHVANATHA RAO, M.A.SEBASTIAN, M.S.ANADARAMU, M.V.HIREMATH, M.V.MANJUNATH, MAHESHWARASWAMY HIREMATH, MOHAN SHANTANA GOUDAR, PRABHULING K.NAVADGI, R.B.SADASHIVAPPA, R.PADMANABHAM, Ravivanna Kumar, S.P.KULAKARNI, S.P.SHANKAR, Vagdevi Associates, VIJAYASHANKAR ASSOCIATES

SETHI, J.

( 1 ) IN this batch of Writ Appeals and Writ Petitions, the question involved pertains to grant of aid under the Grant-in-Aid Code (hereinafter referred to as 'the Code') to the educational institutions run by the private managements for payment of salary to the teaching and non-teaching staff, whose appointments have been approved by the Government under the Code.

( 2 ) WHILE in some of the Writ Petitions filed by the teaching and non-teaching staff the prayer is for a mandamus to release the salary from the respective dates of approval of the appointments, in the writ Petitions filed by the managements of private educational institution the petitioners are aggrieved by the discriminatory action of the State Government in the matter of grant of aid. The Writ appeal are filed by the State and the Educational Department being aggrieved by the directions issued in the Writ Petitions for release of salary or grant, as the case may be.

( 3 ) THE contention of the Government is that the staff are being appointed by the respective managements of the Schools and the relationship between the managements and the staff is that of master and servant and therefore the state is not li

































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