RAJARAJESHWARI DENTAL COLLEGE AND HOSPITAL Vs. SANJAY MURGOD

JUDGEMENT

(1.) This intra-court appeal seeks to lay a challenge to a learned Single Judge's order dtd. 24/1/2023 whereby the respondent's W.P.No.15873/2021 having been favoured the termination notice dtd. 11/6/2021 came to be voided coupled with a direction for reinstatement with immediate effect. Learned Single Judge also directed payment of backwages to the writ petitioner employee at the rate of 25% of the basic pay without emoluments within four weeks, for a period of twelve months. Of course, liberty is also reserved to the appellant-Institution to seek prior approval of the competent authority for discharging the respondent from service.

(2.) Learned Sr. Advocate appearing for the appellant-Institution vehemently argues that the learned Single Judge failed to see that the provisions of Sec. 98 of the Karnataka Education Act, 1983 (for short, '1983 Act') is not applicable to the unaided educational institution run by the linguistic minority institution. In support of this submission, he places reliance on the decision of the Apex Court in TMA PAI FOUNDATION VS. STATE OF KARNATAKA.;(2002) 8 SCC 481. In the alternative, according to the counsel, the permission taken from the Dental Council of India amounts to compliance with requirement of Sec. 98(1) of the 1983 Act.

(3.) Learned Sr. Advocate appearing for the counsel on record for the respondent through caveat opposes the appeal making submission in justification of the impugned order of the learned Single Judge and the reasons on which it has been constructed. He draws attention of the court to the pleadings of the appellant filed by way of Statement of Objections in the writ petition and seeks to demonstrate that the line of argument is not supported by such pleadings on facts.