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: 1 : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH Dated this the 5 th day of April 2016 Before THE HON’BLE MR.JUSTICE B.S.PATIL Writ Petition No.110837/2014 (S-RES) Between Khadaklat Education Society, Khadaklat, Tq: Chikodi, Dist: Belgaum, Rep. by its Chairman, …Petitioner (By Sri P.G.Chikkanaragund, Advocate) A n d 1. The State of Karnataka, Secretary to Government, Primary and Secondary Education Department, M.S.Building, Bangalore. 2. The Commissioner of Public Instructions, Nrupatunga Road, Bangalore. 3. The Addl. Commissioner of Public Instructions, College Road, Dharwad. 4. The Deputy Director of Public (Administration) Chikkodi Education District, Chikkodi, Dist: Belgaum. : 2 : 5. The Block Education Officer, Chikkodi Taluk, Chikkodi, Dist: Belgaum. ...Respondents (By Sri M.Kumar, Addl. Government Advocate) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the show-cause order dated 22.05.2014 passed by the 4 th respondent vide Annexure-E. This writ petition coming on for Preliminary Hearing this day the Court made the following:- ORDER Petitioner is an aided educational institution. It is calling in question notice dated 22.05.2014 issued by the Deputy Director of Public Instruction, Chikkodi, notifying the petitioner that in the M.N.D. High School at Khadaklat village, Taluk Chikkodi, run by the petitioner-management though there were 12 teachers admitted to grant-in-aid who were discharging their duties in the High School, as per the inspection conducted by the authorities and in terms of the government circulars issued it was found that students/teachers ratio had been reduced and two teachers were in excess for the permitted strength and hence, the institution was called upon to suggest the names of two : 3 : teachers who were junior most in the seniority so that aid granted to them could be withdrawn or they could be allocated to some other school. According to the petitioner, there was no such excess teaching staff in the High School and that without providing an opportunity to the petitioner, impugned notice calling upon the petitioner-educational institution to suggest the names of two junior most teacher for withdrawing aid or posting them elsewhere had been issued. 2. Learned Additional Government Advocate brings to the notice of the Court that after the impugned show-cause notice was issued, authorities have identified the teachers who had to be shifted from the high school run by the petitioner and have posted them to different places, as is evident from Annexures-G, H & J. It is his submission that the said teachers are not aggrieved as they have been accommodated in other aided institutions. 3. A perusal of petition averments and the documents produced, particularly, at Annexures-G, H & J, it is evident : 4 : that teachers who were found excess in the high school run by the petitioner have been shifted by issuing necessary orders so as to accommodate them in other institutions. In view of the same, challenge to the impugned show-cause notice issued as per Annexure-E cannot survive for consideration. If at all there is any fresh cause of action, it is open for the petitioner-institution to take steps in accordance with law to assert their rights. Writ petition is accordingly dismissed. Sd/- JUDGE Kms.

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