ANATHASEVASHRAMA TRUST MALLADIHALU Vs. H C RAMAKRISHNA RAO

JUDGEMENT

(1.) A public charitable trust called "Anathaevashrama Trust of Malladihalli, Holalkere Taluk, Chitradurga Dist. (hereinafter referred to as the Trust), among others, is running a residential college of physical education at Malladihalli (hereinafter referred to as the institution).

(2.) On 5-7 1969, the Trust appointed respondent No. 1 as a clerk in the said institution (Ext. A). While the petitioner was working as a clerk, the Trust by its memo No. 1474/70-71 dated 11-2-1971 (Ext. B) appointed him as a Physical Education Teacher (hereinafter referred to as the Teacher) in that very institution, from which date he was working in that capacity.

(3.) In Memo No. 618 dated 20-8-1974 (Ext. C) the Trust terminated the services of respondent No. 1 and "another person by name Marthandappa, with whom we are not concerned in this petition. Against the said order of the Trust, respondent No. 1 filed an appeal on 18-11 1974 before the District Judge and Educational Appellate Tribunal, Chitradurga (hereinafter referred to as the Tribunal) under S. 6 of the Karnataka Private Educational Institutions (Discipline and Control) Act, 1973 (Kar. Act No. 21 of 1973) (hereinafter referred to as the 1973 Act) which was opposed by the petitioner on diverse grounds. On an examination of the contentions urged before it, the Tribunal by its order dated 5-3-1976 (Ext. D) has allowed the said appeal filed by respondent No. 1 and has made an order in these terms :