PANCHAXARI SHIDRAMAPPA YELIGAR Vs. SHIGGAON TALUKA SHIKSHANA SAMITHI

JUDGEMENT

(1.) IN this writ petition, the petitioner has challenged the order passed by the Educational Appellate Tribunal, Dharwad, on an appeal filed under Section 8 of the Karnataka Private Educational Institutions (Discipline and Control) Act, 1975 ('the Act' for short ).

(2.) FROM 1989, orders of Educational Appellate Tribunals have been challenged by filing revision petitions under Section 115 of the Code of civil Procedure, having regard to the decision of a Full Bench of this court in the case of Excellent Education Society and Others v Smt. G. Shahida Begum and Others.

(3.) A learned Single Judge of this Court in the case of Excellent Education Society and Others v Smt. G. Shahida Begum and Others, and connected cases had considered the question whether an order of the educational Appellate Tribunal should be challenged by filing a civil revision petition or by filing a writ petition. By order dated 16-6-1987, he held that such orders are revisable under Section 115 of the Civil Procedure Code and therefore writ petitions to challenge such orders were not maintainable and directed the Registry to treat all such writ petitions as civil revision petitions. The said order was challenged in W. A. Nos. 1101 to 1103 of 1987. The Division Bench by order dated 5-9-1988 referred the matter to a Full Bench, having regard to the important question of law that arose for consideration. The question referred to the Full Bench was: