K SHANKAR Vs. DIRECTOR PRE UNIVERSITY EDUCATION

JUDGEMENT

(1.) WRIT petition by a person who was employed in a private aided institution and who, it appears, was aggrieved by certain action on the part of the management, who it appears, displaced the petitioner from being the head of the department of Chemistry, by allowing fourth respondent to function as such.

(2.) PETITIONER, it appears, had preferred an appeal purported to be under Section 130 of the karnataka Education Act, 1983 (for shorty 'the Act'), before the first respondent and the grievance of the petitioner is that inspite of the matter being pending before the Appellate authority for quite sometime, the appeal has not been disposed of and therefore has sought for issue of a writ in the nature of mandamus to direct the first respondent to dispose of the appeal expeditiously.

(3.) WHILE Sri Srinivasan, learned Counsel for the petitioner submits that there is no reason for the appellate Authority in not disposing of the appeal for a long time when the petitioner is without any remedy and therefore a writ of mandamus is justified, Sri L. K. Srinivasa Murthy, learned additional Government Advocate appearing for the first respondent submits that there is no appeal filed or pending before the first respondent as is averred in the writ petition and the question of disposing of a non-exist appeal does not arise. Alternative submission is that the appeal of this nature does not lie under Section 130 of the Act to the Appellate Authority, as the order which is sought to be made subject-matter is not passed either by an officer or Competent authority, but the management of the institution-a private body.