HANUMAN VIDYAVARDHAK SANGH Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) The petitioners, who claim to be the Secretary and President of Hanuman Vidya Vardhak Sangha, Korwar, Sindagi taluka, Vijayapur district have filed the instant writ petition challenging the order dated 05/7/3/2018 vide Annexure-J passed by the first respondent and to restore the order passed by the third respondent dtd. 14/5/2013 vide Annexure-H.

(2.) Heard the learned counsel for the petitioners as well as the learned counsel appearing for the respondents.

(3.) Brief facts as revealed from the records which would be necessary for the purpose of disposal of this writ petition are that the Additional Commissioner to the Department of Public Education, Dharawad vide the order dtd. 14/5/2013 at Annexure-H had permitted the petitioners herein to fill up four vacant teaching posts in the high school and in the said order, Condition No.16 provided that if there is any dispute with regard to the management of the petitioner - Institution, then the petitioners are not entitled for approval of such appointments for the benefit of grant in aid. This order was challenged by the eighth respondent herein before the first respondent under Sec. 131 of the Karnataka Education Act, 1983. The first respondent vide the order impugned dated 05/7/3/2018 had allowed the said petition filed by the eighth respondent herein and the order at Annexure-H dtd. 14/5/2013 passed by the Additional Commissioner, Department of Public Education permitting the petitioner - Institution to fill up the vacant posts was quashed on the ground that a dispute regarding management of institution was pending adjudication in O.S.No.161/2011. Being aggrieved by the same, the present writ petition is filed.