RAVINDRA RAVINDRA VIDYA SAMSTHE, REP. BY ITS SECRETARY AND ANOTHER Vs. STATE OF KARNATAKA, REP. BY SECRETARY, DEPARTMENT OF REVENUE AND OTHERS

JUDGEMENT

(1.) THIS petition is filed by Sri Ravindra Ravindra Vidya Samsthe of Chalakere seeking for a writ of certiorari to quash the report dated 20.12.1997, Annexure 'K' and the subsequent order dated 27.2.1998, Annexure 'Q' with a direction to grant all consequential benefits and also to handover the records to the petitioner in the given circumstances. In the amended petition, the petitioner states that the petitioner -society was registered in the year 1984. It runs educational institutions at Chalakere. According to the petition averments at the instance of certain vested interest, in the year 1996, the teaching staff created certain problems. Management took some stern action in the matter. That action had an adverse affect in the matter. According to the petitioner, several reckless allegations were made at the instance of the vested interest in the matter. The petitioner was admitted to the Grant - in - Aid code in the year 1989. College was declared as an institution run by the linguistic minority in terms of an order dated 29.10.1994. The petitioner states that without notice and without opportunity, the 4th respondent was appointed as a special officer in terms of an order dated 8.7.1997, Annexure 'C' Writ Petition was filed in this Court in W.P. No. 24995/1997. The 4th respondent took charge and took all the records to his custody. Thereafter, the respondent withdrew the order in terms of another order dated 24.1.1.1994. This Court in the light of the memo disposed of the petition filed by the petitioner in terms of an order dated 24.11.1997, Annexure 'D' The petitioner refers to certain material details as referred to in Annexure 'C' in the petition. The management sought for some explanation from the teachers and also sought for permission from the 3 respondent to take appropriate action against the staff who was responsible for the poor results in the college. 'The staff made false allegations against the management by way of reckless allegations. Based on those allegations and without holding an enquiry, the 3rd respondent appointed a special officer. The special officer did not handover the charge to the petitioner even after disposal of the petition filed by the petitioner. A notice was received on 22.11.1997, Annexure 'E' under Section 25 of the Karnataka Societies Registration Act, 1960 (for short 'the Act'). In the said notice, it is stated that an enquiry has been initiated on the basis of the complaint made by the staff members in the matter. The petitioner sought for time to produce documents in the light of seizure of the documents by the special officer. Time was not granted. Enquiry proceeded and a report was submitted in terms of Annexure 'G'. In terms of the report, the 3rd respondent recommended for appointment of an Administrator.

(2.) A Show cause notice was issued dated 16.1.1998. The petitioner was asked to show cause as to why an administrator was not to be appointed under Section 27A of the Act. Time was again sought for by the petitioner in the light of the documents being not available with them. Time was granted. The petitioner refers to various material facts with regard to the documents and with regard to handing over the charge in the matter. They however, sought for copies of the documents in terms of a letter dated 16.2.1998, Annexure 'L'. They also sought for handing over the documents which was seized from the petitioner. No documents were furnished to the petitioner. Thereafter, an order was passed in terms of an order dated 27.2.1998 and an administrator has been appointed. The petitioner in the lengthy petition challenges the report of the appointment of an administrator in terms of Annexures 'K' and 'Q' in this petition.

(3.) THE 6th respondent has filed a statement of objection and in the statement of objection, the 6th respondent justifies the matter.