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2023 Supreme(Online)(Kar) 38238
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WP NO.104261 OF 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH
WRIT PETITION NO.104261 OF 2022 (S-RES)
BETWEEN:
1.
SHRI RAGHUNATH S/O BHIKAJI BHAT
AGE. 58 YEARS,
OCC. ASSISTANT TEACHER,
R/O. UTTUR-591107,
TALUKA. AJARA,
DIST. KOLHAPUR,
MAHARASTRA STATE
…PETITIONER
(BY SMT SUNANDA P PATIL, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
R/BY THE COMMISSIONER FOR
PUBLIC INSTRUCTION
HXFP+FVQ, NEW PUBLIC OFFICE,
NEAR RBI,
NRUPATHUNGA ROAD,
BENGALURU-560001
2.
THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
CHIKKODI-591 201
DISTRICT. BELAGAVI.
3.
THE BLOCK EDUCATION OFFICER,
HUKKERI-591309
TALUKA. HUKKERI,
DIST. BELAGAVI.
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WP NO.104261 OF 2022
4.
THE CHAIRMAN
PANCHKROSHI SHIKSHAN PRASARAK MANDAL,
BUGATE ALUR-591313,
TAL. HUKKERI,
DIST. BELAGAVI.
…RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 TO R3;
SRI SOURABH HEGDE, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO,
ISSUE A WRIT IN THE NATURE OF MANDAMUS THEREBY
DIRECTING RESPONDENTS 1 TO 3 TO CONSIDER THE CASE OF
THE PETITIONER AS PER THE REPRESENTATIONS DATED
01.08.2022 AND 05.08.2022 PRODUCED AT ANNEXURE-D,F
AND H RESPECTIVELY; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
B- GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
The management of a minority institution has the authority to determine the conditions of service for appointment/promotion.
Headnote:
MINORITY INSTITUTION - PROMOTION - CONDITIONS OF SERVICE
Fact of the Case:
The petitioner sought promotion in a minority institution, respondent No.4.
Finding of the Court:
The court dismissed the petition, holding that the conditions of service for appointment/promotion in a minority institution lie with the management of the institution.
Issues: Whether the petitioner's case for promotion in a minority institution should be considered.
Ratio Decidendi: The Supreme Court has held that the conditions of service for appointment/promotion in a minority institution lie with the management of the institution.
Final Decision: The petition was dismissed.
Heard the learned counsel appearing for the parties.
2. Undisputably, the petitioner is seeking redressal of his
grievance by contending that his case has to be considered for
promotion in respondent No.4-Institution, which is a minority
institution. In view of the declaration of law by the Hon'ble
Supreme Court in the case of P.A. INAMDAR v. STATE OF
MAHARASHTRA AND OTHERS reported in AIR 2005 SC 3226;
and in the case of T.M.A. PAI FOUNDATION AND OHTERS v.
STATE OF KARNATAKA AND OTHERS reported in (2002)8 SCC
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481, the conditions of service for appointment/promotion lies
with the Management of the Institution if the institution is a
Minority Institution and accordingly, writ petition does not
survive consideration as there is no infringement of the legal
right by the respondent-authorities. Petition is, accordingly,
dismissed.
Sd/-
JUDGE
LNN
List No.: 1 Sl No.: 58
