Dr. Noorjahan Shaik vs The President, Kanakadas Shikshana Samit, Smt. Jayshree S. Benakanawari and The Commissioner of Collegiate Education

Ashok B. Hinchigeri, J.—Sri K.S. Patil, the learned High Court Government Pleader is directed to take notice for the respondent No. 3. Notice to the respondent Nos. 1 and 2 is dispensed with. The petitioner has called into question the first respondent''s letter, dated 02.09.2013 (Annexure-D) imposing the reduction in her rank. She is directed to hand over the charge to the second respondent.

Sri S.S. Patil, the learned counsel for the petitioner submits that the petitioner joined the first respondent College in 1990, that she is promoted to the cadre of Reader in 1997 and that she became the Principal of the said College in 2005. He submits that by virtue of her seniority as the Principal of the College, she is made the member of the Syndicate and Academic Council of the Karnataka University, Dharwad.

Sri Patil submits that the second respondent is far junior to the petitioner and that the second respondent is not even a Ph.D. holder. Even when the second respondent does not have the eligibility to become the Principal, she is made the Principal. The petitioner is being stripped of her position as the Principal without assigning any reason. He submits that the second respondent is the daughter of the first respondent President of the Kanakadas Shikshana Samiti.

Whatever be the grievances of the petitioner, I am disinclined to entertain this petition on merits on the short ground of the availability of alternative remedy. Keeping all the contentions open and reserving the liberty to the petitioner to avail of the remedy of filing an appeal before the Educational Appellate Tribunal, invoking Section 94 of the Karnataka Education Act, 1983, I dispose of this petition. Further, it is for the Educational Appellate Tribunal to consider the petitioner''s I.A. for stay in the anticipated appeal in accordance with law and as expeditiously as possible, preferably within three-four days from the date of its filing. This petition is accordingly disposed of. No order as to costs.