MUNAF Vs. BHEEMAPPA LACHAPPA LAMANI

JUDGEMENT

(1.) Though this writ appeal is listed for preliminary hearing, with the consent of learned counsel on both sides, it is heard finally.

(2.) The legality and correctness of order dated 18.06.2015 passed in W.P.No.1729/2008 is called in question in this appeal. The appellant herein was respondent No.5 in the writ petition whereas the first respondent herein was the petitioner. Petitioner assailed the correctness of order dated 21.01.2008 passed in Revision Petition No.23/19/2007 by the Commissioner for Public Instruction (respondent No.3 herein). Learned single Judge by order dated 18.06.2015, has set aside the order passed in the aforesaid revision petition and has given effect to resolution dated 30.01.2006 and order of approval dated 07.11.2006 passed by the Additional Commissioner of Public Instruction, Dharwad promoting the writ petitioner to be appointed as Principal with all benefits mentioned therein.

(3.) Brief ly stated the facts are that writ petitioner was working as Principal of J.N.Arts School of fourth respondent Institution. He was promoted as a Principal on 01.10.2004. Admittedly, petitioner is junior to fifth respondentappellant herein. At the time of promotion, fifth respondent was the Principal of the Institution. He resigned from the said post on 24.08.2004 and continued. Consequently, petitioner was appointed as the Principal. Fifth respondent was herein directed to handover charge to the petitioner. Aggrieved by the same, fifth respondent filed revision under Section 131 of the Karnataka Education Act, 1983 (hereinafter referred to as the Act for the sake of brevity) before the Commissioner for Public Instruction seeking quashing of resolution dated 30.01.2006 promoting the petitioner as Principal. The Commissioner allowed the revision petition and held that fifth respondent was entitled to be promoted as Principal of the Institution. Aggrieved by the same, the writ petition was filed. Learned single Judge while allowing the writ petition has quashed the order of the Commissioner dated 21.01.2008 passed Revision Petition No.23/19/2007 and directed that the writ petitioner be promoted to the post of Principal. It is the said order which is assailed in this appeal.