PARVATHAGOWDA BASANAGOWDA PATIL Vs. VEERAMAHESWARA VIDYA VARDHAKA SANGHA

JUDGEMENT

(1.) THE Petitioner is the Principal of Shri G.B. Shankar Rao Composite Junior College, Kudapali, Hirekerur Taluk, Dharwad District. He was suspended by the Management of the College expressed through an order made by the 3rd Respondent Sri Mahadevappa Basappa Kuppelur. That order of suspension has been challenged by the Petitioned before the Educational Appellate Tribunal, Dharwar, in Miscellaneous Appeal (KPEI) No. 11 of 1984.While presenting the appeal, the Petitioner also filed I.A. No. 1 for stay of the suspension order. Notice of the appeal and the I.A. was served on the Respondents and after contest I.A. No. I came to be rejected. Aggrieved by the order made by the Educational Appellate Tribunal in I.A. No. I, the Petitioner * W.P. No. 13851 of 1984 Dated 27th August 1984 has approached this Court under Article 226 of the Constitution, inter alia contending that the order is made by the learned District Judge without applying his mind, without considering the evidence and without noticing that the order of suspension had not obtained the approval of the Joint Director of Public Instructions.I have perused the impugned order. It indicates that these very grounds were urged before the 4th Respondent Educational Appellate Tribunal and each one of those grounds have been considered by him and disposed of by a rather lengthy order. In that circum-stance, it is not appropriate for this Court to test under Article 226 of the Constitution whether discretion exercised by the Tribunal would not have been the discretion that this Court would have exercised on the same facts and circumstances. Interim relief is always a matter of discretion and as long as there is evidence that the Tribunal has acted on material before it and the discretion has been exercised reasonably in favour of the one or the other party, there will be no cause for interference. That this Court might have taken a different view will not entitle the Petitioner for any relief against the interim order. THErefore this Petition is rejected.