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NC: 2024:KHC-D:6934
WP No. 102670 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
TH
DATED THIS THE 30 DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO.102670 OF 2024 (S-RES)
BETWEEN:
DR. MOHAMMEDRAFI M.DHALAYAT
S/O. MOHAMMED SHAFI,
AGED ABOUT 57 YEARS,
W/AS ASSOCIATE PROFESSOR IN ENGLISH,
NEHRU ARTS SCIENCE AND
COMMERCE COLLEGE, HUBBALLI,
AND R/AT. C/O.S.I.NAYAKAR BUILDING,
FIRST FLOOR, BERHIND KSRTC DEPOT,
NEAR KUMARESHWAR DHARMIKA PAATASHALE,
SIDDAMAHESHWAR NAGAR, GADAG-582101.
…PETITIONER
(BY SRI.ARAVIND UPADHYE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
EDUCATION DEPARTMENT (HIGHER EDUCATION),
DR. AMBEDKAR VEEDHI, BENGALURU-560001.
SHIVAKUMAR
HIREMATH
2. THE COMMISSIONER FOR COLLEGIATE AND
TECHNICAL EDUCATION, THANTRIKA BHAVAN,
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH PALACE ROAD, BENGALURU-560001.
Date: 2024.04.30
15:14:01 +0530
3. THE DIRCTOR FOR COLLEGIATE
AND TECHNICAL EDUCATION,
THANTRIKA BHAVAN,
PALACE ROAD, BENGALURU-560001.
4. THE REGIONAL JOINT DIRECTOR
COLLEGIATE EDUCATION,
UB HILLS, MALMADDI, DHARWAD-580001.
…RESPONDENTS
(BY SRI.MADANMOHAN M.KHANNUR, ADDL. GOVT. ADVOCATE)
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NC: 2024:KHC-D:6934
WP No. 102670 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER QUASHING
THE CIRCULAR BEARING NO NO.KASHIE/38/ITARE/ 2021-22/VA AND
NI DATED 06.01.2022 AT ANNEXURE-E ISSUED BY THE 2ND
RESPONDENT IN SO FAR AS THE PETITIONER IS CONCERNED AS
THE SAME IS ILLEGAL, ARBITRARY AND CONTRARY TO THE
JUDGMENT OF THE HON'BLE APEX COURT REFERRED TO ABOVE AND
ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Learned Additional Government Advocate accepts
notice for the respondents.
2. The petitioner herein is assailing the Circular
dated 06.01.2022 (Annexure-E) issued by respondent No.2
insofar as petitioner is concerned.
3. The petitioner has challenged this order on the
ground that this Court in identical writ petitions has quashed
the impugned Circular produced at Annexure-E by the writ
petitioner. Perusing the order dated 11.04.2023 in Writ
Petition No.7871/2022 connected with Writ Petition
No.4813/2022 (Annexure-G), I am of the view that the
petitioner has made out a case to quash the Circular dated
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NC: 2024:KHC-D:6934
WP No. 102670 of 2024
06.01.2022 (Annexure-E). The said aspect was not
countered by the learned AGA. Taking into consideration the
fact that the said Circular is quashed by this Court on the
earlier occasion, I pass the following:
ORDER
i) Writ petition is allowed.
ii) Circular dated 06.01.2022 (Annexure-E) issued by
respondent No.2 is quashed insofar as petitioner is
concerned and respondents are directed to grant
consequential benefits as claimed by the petitioner at
Annexure-E, in accordance with law.
Sd/-
JUDGE
KGK
List No.: 1 Sl No.: 13