RAJASHEKARAIAH Vs. JAGADGURU ANNADANESHWARA SAMSTHAN MATH

JUDGEMENT

(1.) The question, which arises for decision in this revision petition, is of the executability of a decree made under Section 10(4)(c)(i) of the Karnataka Private Educational Institutions (Discipline and Control) Act, 1975 (for short 'the Act')-

(2.) Briefly stated, the facts are these: The petitioner here held the post of the Head Master in Jagadguru Annadaneshwara Samskritha Pathasala, Mundargi- a private educational institution run by Jagadguru Annadaneshwara Samsthana Mutt. Respondent-1 here and respondent-2 here are respectively the President and the Secretary of the Managing Committee of that Mutt. That Managing Committee, by its order dated 2-8-1982, dismissed the petitioner from his Head- Mastership. The petitioner impugned that order by presenting an appeal under Section 8 of the Act before the Court of District Judge at Dharwad-the Educational Appellate Tribunal (for short 'the Tribunal') constituted by the State Government for the purpose as provided for under Section 10 of the Act. That appeal was enquired into by the Tribunal and allowed by its order dated 13-12-1982. That order's operative portion read :

(3.) It was argued for the petitioner that the Tribunal, in dismissing the execution petition, had failed to exercise a jurisdiction which was vested in it under Section 10(4) (d) of the Act and that the reasons, which have weighed with the Tribunal for holding that the order under execution was inexecutable, totally ignore the nature of the order (decree) under execution and the duty required to be performed by an executing Court in executing an order of the kind sought to be executed.