MALNAD EDUCATIONAL SOCIETY Vs. KARNATAKA EDUCATIONAL APPELLATE TRIBUNAL

JUDGEMENT

(1.) The petitioner (The Malnad Education Society, Chickmagalur) has challenged in this writ petition the order made by the Educational Appellate Tribunal, Chickmagalur in case No.Edn.A.1 of 1973 d .30th Jany '75.

(2.) Respondent 2 was the head-master in the school run by the petitioner. By order d/.3rd July 1973 he was dismissed from service. Respt 2 challenged the said order of dismissal in appeal before the Joint Director of Public Instructions, Mysore, who by his order d/.27th Octr 1973 set aside the order made by the Board of Management dismissing Respt 2 from service. The petitioner has preferred an appeal against the order of the Joint Director of Public Instructions to the Director of Public Instructions under the relevant provisions of the Grant-in-Aid Code. During the pendency of the said appeal Respt 2 requested the petitioner to reinstate him in service as per the order of the Joint Director of Public Instructions, particularly in view of the fact that the management has not been able to secure an order of stay from the Director of Public Instructions. The management did not reinstate Respt 2 in service and it appears to have informed so to Respt 2 by its letter d/.7th Novr 1973. It is in these circumstances that Respt 2 preferred an appeal to the Educational Appellate Tribunal, Chickmagalur, under Sec.6 of the Karnataka Private Educational Institutions (Discipline and Control) Act, 1973 (hereinafter referred to as the Act) The management raised several objections in regard to the maintainability of the appeal of respondent 2.

(3.) The Tribunal overruled those objections holding that the appeal is maintainable and that it has jurisdiction to entertain the appeal and directed that the appeal be set down for hearing. It is the said order that is challenged by the petitioner under Arts.226 and 227 of the Constn in this writ petitiion.