NARASIMHARAJU Vs. MANAGEMENT OF MAHATMA GANDHI VIDYAPEETA

JUDGEMENT

(1.) In this writ petition, the petitioner is challenging order dtd. 5/8/2017 passed in MA(EAT) No.6 of 2010 on the file of the Educational Appellate Tribunal, Bengaluru City (for short, hereinafter referred to as 'Tribunal'), wherein, the appeal preferred by the petitioner is dismissed.

(2.) Heard Sri. Narashimharaju, Petitioner/Party-in-Person and Sri. H.M. Muralidhar, learned counsel appearing for the respondents.

(3.) I have noticed that the Tribunal, after considering the pleadings on record formulated the points for consideration. The said questions framed by the Tribunal is contrary to the judgment of this Court in the case of THE PRESIDENT, GOLDEN VALLEY EDUCATION TRUST, OORGAUM, KOLAR GOLD FIELDS vs. THE DISTRICT JUDGE AND EDUCATIONAL APPELLATE TRIBUNAL, KOLAR AND OTHERS reported in ILR 1978 KAR 526. The Tribunal is required to formulate the questions relating to the legality of the enquiry, wherein the principles of natural justice is complied with or not. In the event, prima-facie, if the Tribunal comes to the conclusion that the enquiry held by the Management is found to be defective, then the validity of the case on merits has to be considered. In that view of the matter, impugned order passed by the Tribunal requires to be set-aside and matter is required to be remanded to the Tribunal for fresh consideration, after affording an opportunity of hearing to both the sides and pass appropriate orders in accordance with law. Accordingly, I pass the following: