IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1763 OF 2024 (S-DIS)

BETWEEN:

1. THE COMMISSIONER FOR COLLEGIATE EDUCATION, PALACE ROAD, BANGALORE - 560001.

2. THE DIRECTOR OF COLLEGIATE EDUCATION PALACE ROAD, BENGALURU - 560001.

…APPELLANTS (BY SRI. M.N.SUDEV HEGDE, AGA)

Digitally AND:

signed by VASANTHA KUMARY B K

1. SMT. NAZHATH JABEEN Location:

HIGH W/O SRI MOHAMMED ZAFRULLA KHAN COURT OF AGED ABOUT 60 YEARS, KARNATAKA WORKING AS PRINCIPAL HASANATH COLLEGE NO.5, 8/2, BYRAWESHWARA LAYOUT HENNURBANDE, KALYANA NAGAR BANGALORE R/AT NO. 229, 4TH A CROSS, KALYAN NAGAR, 3RD BLOCK, BANGALORE-560084.

2. THE PRESIDENT THE HASANATH EDUCATION SOCIETY NO.43, DISKENSON ROAD, BANGALORE - 560042.

3. THE HON SECRETARY THE HASANATH EDUCATION SOCIETY NO.43, DISKENSON ROAD, BANGALORE - 560042.

…RESPONDENTS (BY SRI. M.S.PARTHASARATHI, ADVOCATE FOR C/R1;

SRI. R.NAGENDRA NAIK, ADVOCATE FOR R2 & R3)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 21.12.2023 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP No-9521/2024.

THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present intra Court appeal has been filed impugning the judgment and order dated 21.12.2023 passed by the learned Single Judge in W.P.No.9521/2014 (S-DIS) filed by respondent No.1 herein.

2. The parties are referred to as per their ranking before the writ Court for the sake of convenience.

3. The petitioner faced the disciplinary proceedings conducted by the Management of Hasanath College, which is run by the Hasanath Education Society. The petitioner was working as a Principal in the said College. After conclusion of the departmental inquiry, the Management passed the punishment order imposing the major penalty of dismissal from service on 29.05.2005.

4. Aggrieved by the said order dated 29.05.2005, dismissing the petitioner from service, the petitioner filed an appeal before the Educational Appellate Tribunal. The Tribunal however, vide order dated 08.11.2013 passed in MA(EAT) No. 13/2005 dismissed the appeal filed by the petitioner.

5. The State Authorities in their statement of objection have categorically stated in paragraph Nos.30 to 35 as under :-

"30. It is submitted that, perusal of para-47 of the EAT judgment clearly goes to show that the petitioner has not participated in the enquiry) proceedings. It is also clear on perusal of the charge-sheet, enquiry report etc. that the college authorities nowhere have mentioned as to under which rule they have proceeded / conducted enquiry against the petitioner because if they had proceeded against the petitioner as per Karnataka Private Educational Institutions (Discipline and Control) Rules, 1978 it is illegal/ incorrect because the said rules were framed in pursuance to Karnataka Private Educational Institutions (Discipline and Control) Act, 1975 which was repealed as per Section 146(1) of the Karnataka Education Act, 1983 and when the Act, 1975 has been repealed, the Rules 1978 is not force after coming into force of Karnataka Education Act, 1983.

31. It is submitted that, it was mandatory on the part of the college authorities to proceed/enquire against the petitioner only as per Karnataka Educational Institutions (Collegiate Education) Rules, 2003, but none of the records produced along the petition proves the point that they have conducted enquiry as per 2003 rules.

32. It is submitted that the statement made by the petitioner In para-26 to 39 all pertain to the decision rendered by the EAT which has upheld the dismissal of the Petitioner, but the petitioner nowhere state that the enquiry was held as per which rule.

Even If it is presumed that the colle