High CourtsSingle Bench(2018) 01 KAR CK 0126

Sri Durga Vidya Kendra (R) vs The State of Karnataka & Ors.

Karnataka High Court · Decided on 4 January 2018

HON’BLE JUDGES
B.V.Nagarathna
CASE NUMBER
229-230 of 2018

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Judgment

10 paragraphs · 188 words
1.

Petitioner is stated to be a High School. It has assailed Order dated 22.12.2017 (Annexure-A) issued by the fourth respondent - Block

Education Officer, Kunigal Taluk, Kunigal.

2.

Learned Additional Government Advocate appearing for respondents on advance notice submits that as against the impugned order, the

petitioner has an alternative statutory remedy under Section 130 of the Karnataka Education Act, 1983 read with the Karnataka Educational

Institutions (Appellate Authority) Rules, 1998 before the Commissioner of Public Instructions in terms of Rule 3 of the said Rules.

3.

In the circumstances, the writ petitions are not entertained at this stage on account of the availability of alternative statutory remedy. Writ

petitions are dismissed as not maintainable, reserving liberty to the petitioner to avail alternative statutory remedy, if so advised. In the event there is

any delay in filing of the said appeal, the fact that the petitioner had preferred writ petitions before this court may be taken note of by the Appellate

Authority. Office to return Annexure-A and other certified copies to the petitioner''s Counsel forthwith subject to filing copies of the same for the

purpose of record.