PRAKASH VIDHYALAYA EDUCATION SOCIETY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner - Institution has filed the instant writ petition seeking a writ in the nature of certiorari quashing the show cause notices issued by respondent Nos.2, 3 and 4 vide Annexures- E, E1 and E2.

(2.) Brief facts of the case that would be relevant for disposal of this writ petition are that one Rajaram Shankar Rao Bhonsali and Shadik were appointed to the post of the Second Division Assistant and Watchman respectively by the petitioner - Institution in the year 1998 and relevant documents were also forwarded for approval of their appointment. In spite of the repeated reminders, the approval of appointment was not considered by the competent authority and it is under these circumstances, W.P.No.41977/2003 was filed before this Court, which was disposed of by this Court vide order dtd. 7/7/2006 directing the respondents therein to grant approval of appointment with consequential benefits. The said order has been challenged by the State in W.A.No.479/2007, which was dismissed by the Division Bench of this Court vide order dtd. 29/7/2008 and being aggrieved by the same, the State had preferred Civil Appeal No.1965/2011 before the Hon'ble Supreme Court of India, which was dismissed by the Hon'ble Supreme Court of India vide order dtd. 5/10/2021. However, the Hon'ble Supreme Court of India has directed the petitioner - Institution to pay the arrears of salary to the aforesaid Rajaram Shankar Rao Bhonsali and Shadik within a period of three months from the date of the order and keep on paying their salary till the date of their superannuation. Being aggrieved by the said order, the petitioner has filed a review petition before the Hon'bel Supreme Court of India, which is pending consideration. In the mean while, the impugned notices vide Annexures-E, E1 and E2 have been issued by respondent Nos.2, 3 and 4 proposing action against the petitioner under the provisions of the Karnataka Education Act for withdrawal of registration as well as withdrawal of grant in aid of the petitioner - Institution. The said notices have been questioned by the petitioner in this writ petition.

(3.) Learned counsel for the petitioner submits that the provision of law mentioned in impugned notices cannot be invoked by the respondent Nos.2 to 4 and the same has been done only to coerce the petitioner to comply the order passed by the Hon'ble Supreme Court of India in Civil Appeal No.1965/2011 because the parties who are beneficiaries of the said order have initiated contempt proceedings, which is pending before the Division Bench of this Court.