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2023 Supreme(Online)(KAR) 4393

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NC: 2023:KHC:33149-DB

CCC No.532 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13TH DAY OF SEPTEMBER, 2023

PRESENT

THE HON'BLE MR. JUSTICE G.NARENDAR

AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

CIVIL CONTEMPT PETITION NO.532 OF 2023

BETWEEN:

1.

THE CATHOLIC BOARD OF EDUCATION

A SOCIETY REGISTERED UNDER THE

SOCIETY REGISTRATION ACT

HAVING ITS REGISTERED OFFICE

IN SHANTI KIRAN, BAJJODI

MANGALORE-575005

REPRESENTED BY ITS SECRETARY

REV. FR. ANTONY MICHAEL SHERA.

2.

ST. SEBASTIAN'S HIGH SCHOOL

PENMANNUR, MANGALORE SOUTH DIVISION

DAKSHINA KANNADA-575017

REPRESENTED BY THE SECRETARY

CATHOLIC BOARD OF EDUCATION

REV. FR. ANTONY MICHAEL SHERA.

3.

ST. MARY'S HIGH SCHOOL

KUNDAPURA

UDUPI DISTRICT-576201

REPRESENTED BY THE SECRETARY

CATHOLIC BOARD OF EDUCATION

REV. FR. ANTONY MICHAEL SHERA.

4.

ST. LAWRENCE HIGH SCHOOL

ATTUR, KARKALA

UDUPI DISTRICT-576117

REPRESENTED BY THE SECRETARY

CATHOLIC BOARD OF EDUCATION

Digitally

signed by

RUPA V

Location:

HIGH

COURT OF

KARNATAKA

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NC: 2023:KHC:33149-DB

CCC No.532 of 2023

REV. FR. ANTONY MICHAEL SHERA.

…COMPLAINANTS

(BY SRI. GANAPATI NARAYANA HEGDE, SR. ADV., FOR

SRI. GEORGE JOSEPH, ADV.,)

AND:

1.

DR. VISHAL .R

COMMISSIONER FOR PUBLIC INSTRUCTION

PUBLIC INSTRUCTION DEPARTMENT

NRUPATHUNGA ROAD

BENGALURU-560001.

2.

SRI. KRISHNAJI

S. KARICHANNANAVAR

THE DIRECTOR

SECONDARY EDUCATION

PUBLIC INSTRUCTION DEPARTMENT

NRUPATHUNGA ROAD

BENGALURU-560001.

3.

DAYANAND RAMACHANDRA NAYAK

DEPUTY DIRECTOR

(ADMINISTRATION)

PUBLIC INSTRUCTION DEPARTMENT

MANGALORE-575001

DAKSHINA KANNADA.

4.

GANAPATHY .K

DEPUTY DIRECTOR

(ADMINISTRATION)

PUBLIC INSTRUCTION DEPARTMENT

RAJATHADRI C BLOCK

3RD FLOOR, MANIPAL

UDUPI-576104.

5.

H.R. ESHWAR

THE BLOCK EDUCATIONAL OFFICER

PUBLIC INSTRUCTIONS DEPARTMENT

MANGALORE SOUTH

- 3 -

NC: 2023:KHC:33149-DB

CCC No.532 of 2023

MANGALORE-575001.

6.

KANHARAJU .C

THE BLOCK EDUCATIONAL OFFICER

PUBLIC INSTRUCTION DEPARTMENT

KUNDAPURA-576201.

7.

CHANDRAYYA B

THE BLOCK DEVELOPMENT OFFICER

PUBLIC INSTRUCTION DEPARTMENT

KARKALA-574104.

8.

THE STATE OF KARNATAKA

THROUGH THE PUBLIC INSTRUCTION

DEPARTMENT

NRUPATHUNGA ROAD

BENGLAURU

REPRESENTED BY COMMISSIONER.

…ACCUSED

(BY SRI. DEVRAJ ASHOK, GOVT., ADV.,)

THIS CCC IS FILED UNDER ARTICLE 215 OF THE

CONSTITUTION OF INDIA, AND SECTIONS 11 AND 12 OF

CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE

CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND

PUNISH THEM IN ACCORDANCE WITH LAW FOR HAVING

WILLFULLY COMMITTED CONTEMPT OF THE INTERIM ORDER

DATED 19.7.2021 PASSED BY THIS HONBLE COURT IN WA

NO.102/2020 (S-RES).

THIS PETITION COMING ON FOR ORDERS, THIS DAY,

VIJAYKUMAR A. PATIL J., MADE THE FOLLOWING:

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NC: 2023:KHC:33149-DB

CCC No.532 of 2023

This contempt petition is filed under Article 215

of the Constitution of India and Sections 11 and 12 of

the Contempt of Courts Act, 1971 complaining

disobedience of the interim order of this Court dated

19.07.2021 passed in W.P.No.102/2020, wherein this

Court has passed the following order:

"Heard the learned Government Advocate for

the petitioner on the question of grant of

interim relief.

The facts of the case reveal that the

respondents before this Court have challenged

the constitutional validity of Rules 1(ii), 3, 6

and 7 in annexure 1 of the Karnataka

Educational

Institutions

(Recruitment

and

Terms

and

Conditions

of

Services

of

Employees in Private Aided Primary and

Secondary Educational Institutions) Rules,

1999

as

amended

by

the

Karnataka

Educational

Institutions

(Recruitment

and

terms and Conditions (Amendment) Rules,

2008 (vide Annexure-D). The learned Single

- 5 -

Judge has allowed the writ petition and has

directed the State Government to grant

approval in the matter of appointment within

three months.

Learned counsel for the respondents has

argued before this court that the learned

Single Judge was justified in allowing the writ

petition

keeping

in

view

the

judgment

delivered by the Hon'ble Apex Court in the

case of TMA Pai foundation v. State of

Karnataka, reported in (2002) 8 SCC 481. He

has also brought to the notice of this Court

that the subsequent judgment delivered by

the Hon'ble Supreme Court in the case of

Sindhi Education Society v. Chief Secretary,

Government of NCT Delhi, reported in (2010)

8 SCC 49.

The matter requires a detailed hearing.

Therefore, as it is a fit case for admission, the

appeal is admitted for final hearing. However,

in the meanwhile, the respondent - State

shall accord approval in respect of the

appointment in question as on account of non

approval, the teachers have not been paid

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salary. The issue is only in respect of Science,

Physical

Education

and

Hindi

and

the

academic session is going on.

Resultantly, the approval granted by the

State Government as ordered by the learned

Single Judge shall be subject to the outcome

of the result in the present writ appeal.

The interim order passed by this Court is

confined

to

the

peculiar

facts

and

circumstances of the case.

The appeal is admitted for final hearing as

stated earlier. List the appeal for hearing in

due course.

As the cross objection has already been

filed, the State shall also be free to file reply

to it within in six weeks."

The accused have entered appearance and

filed

compliance

affidavit

of

Sri.Krishnaji

S.Karichannavar,

Director

(Secondary

Education),

Department of School Education, Bengaluru dated

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03.08.2023. The paragraph Nos.3 to 6 of the affidavit

reads as under:

"3. I humbly submit that in compliance of the

Order passed by this Hon'ble Court in Writ

Petition Nos.29597 to 29600 to 2017 as well as

Writ

Appeal

No.102/2020,

the

State

Government has granted permission to accord

approval in respect of the appointment of the

teachers only in respect of Science, Physical

Education and Hindi Teacher vide Order dated

01.08.2023, subject to the outcome of Writ

Appeal No.102/2020, as per the Order dated

19.07.2021.

Copy

of

the

Order

dated

01.08.2023 bearing No.EP 8 SLB 2021 is

herewith produced and marked as Annexure-R1

for kind perusal of this Hon'ble Court.

4.

I respectfully submit that in view of the

above Order dated 01.08.2023, the Orders

passed by this Hon'ble Court have been partially

complied with in respect of obtaining permission

to

accord

approval

of

the

teachers.

I

respectfully submit and pray that 4 weeks' time

may be granted to seek proposals from the

Management and to pass orders granting

approval in accordance with law and in terms of

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the orders passed by this Hon'ble Court in Writ

Petition. There is no willful disobedience in the

order passed by this Hon'ble Court.

5.

I most respectfully submit that I have

great respect and regards for the orders passed

by th

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