PRESIDENT, KALPATHARU VIDYA SAMSTHE (R), TIPTNR, TUMKUR DISTRICT AND ANOTHER Vs. DR. R. OBALESHAPPA ALIAS DR. OBALESH GHATTI

JUDGEMENT

(1.) The petitioners have challenged the legality of the order dated 28.1.2016, passed by the Education Appellate Tribunal & Court of Prl. District and Sessions Judge, Tumakuru (for short 'the Tribunal'), whereby the learned Tribunal has set aside the dismissal order of the respondent, and has directed the petitioner to reinstate the respondent to his original post. He has also directed that the respondent is entitled to arrears of salary, with all consequential benefits as may be admissible during the period of dismissal from service till his reinstatement to his original post.

(2.) Briefly the facts of the case are that the petitioner- Institution is running schools and colleges including College of Education (B.Ed,) By order dated 29.1.2005, it had appointed the respondent, Dr. R. Obaleshappa, as the Principal to the College of Education run by the petitioner's Institution. A team of National Council for Teachers Education (for short 'NCTE') had inspected the college, and had found certain deficiencies in the college. Therefore. on 21.5.2012, the NCTE had issued a show cause notice to the college. One of the deficiencies pointed out by the NCTE is that "the Principal is not eligible for the post of Principal as the Institution has not submitted the experience certificate and copies of mark sheets in respect of the Principal". Therefore, the college issued a show cause notice to the respondent on 29.6.2012 asking the respondent to submit his mark sheets. The respondent submitted his reply on 3.7.2012. Subsequently, by order dated 31.7.2012, the respondent was dismissed from the post of Principal with immediate effect. Since the respondent was aggrieved by the dismissal order dated 31.7.2012, he filed an appeal before the learned Tribunal. By order dated 28.1.2016, the learned Tribunal set aside the dismissal order in the above mentioned terms. Hence, this petition before this Court.

(3.) Mr. Satyanarayana P. Hogade, the learned counsel for the petitioner, has vehemently contended that the termination order dated 31.7.2012 was a dismissal order simpliciter. Since it did not cast any stigma on the respondent, the appeal under Sec. 94 of the Karnataka Education Act, 1983 (for short 'the Act' ), was not even maintainable. Therefore, the learned Tribunal should have rejected the appeal on this basis alone. In order to buttress his plea, the learned counsel has relied on the case of Management of M.S. Ramaiah Medical College and Hospital Vs. Dr. M. Somashekar, ILK 2004 Kar 37J.