Dated This the 13Th Day of January, 2016 Before The

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2016 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.3438/2015 (EDN-RES) BETWEEN: THE ACADEMY OF GENERAL EDUCATION HAVING ITS REGISTERED OFFICE AT UNIVERSITY BUILDING, MADHAV NAGAR, MANIPAL 576 104 REP. BY ITS ADMINISTRATIVE OFFICER, DR. H. SHANTHARAM, AGED 80 YEARS ... PETITIONER (BY SRI. N RAVINDRANATH KAMATH, ADV.) AND: 1. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, NEW PUBIC OFFICE BUILDING, GOVERNMENT OF KARNATAKA, NRUPATHUNGA ROAD, BANGALORE-560002 2. THE SECRETARY AGUMBE SHIKSHANA SAMITHY, AGUMBE, THIRTHALLI TALUK-577432 3. KRUPA, AGE:MAJOR D/O G PARAMESHWARA C/O SANJAYA MAIN ROAD, AGUMBE, THIRTHAHALLI TQ 4. JITHENDRA KUMAR AGE:MAJOR S/O T.G. RAMACHANDRAPPA, GEREKATTE, KONANDUR POST, THIRTHAHALLI TQ.-577432 2 5. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS SHIMOGA-577201 6. THE BLOCK EDUCATIONAL OFFICER THIRTHALLI-577432 7. SRI K. MAHESH S/O LATE K. THIMMAIAH, AGED 51 YEARS, HEAD MASTER, S.V.S HIGH SCHOOL, AGUMBE, THIRTHAHALLI TALUK, SHIMOGA DISTRICT 8. THE DRIECTOR OF PUBLIC INSTRUCTIONS (SEC) & APPELLATE AUTHORITY, NRUPATHUNGA ROAD, BANGALORE-560002 BY ITS DIRECTOR (SEC) ... RESPONDENTS (BY SRI. I THARANATH POOJARY, AGA. FOR R1,5, 6 & 8 SRI M S PARTHASARATHI, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT THE R-1 HEREIN TO CONSIDER APPLICATION FILED BY THE PETITIONER HEREIN UNDER ORDER 9 RULE 7 OF CPC AND SET ASIDE THE ORDER DTD.25.8.2014 IN DISPOSING THE APPEAL NO.45/2012 FOR DEFAULT ON MERITS VIDE ANNEX-A. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R The petitioner is before this Court seeking that the application filed by the petitioner under Order IX Rule 7 of CPC be directed to be allowed by the first respondent and set aside the order dated 25.08.2014 whereby Appeal No.45/12 has been dismissed for default. 3 2. The petitioner herein making out certain grievance with regard to the order passed by the Director of Public Instructions (Bangalore-2) had filed an Appeal in No.45/12. The order dated 25.08.2014 would disclose that the appellate authority has disposed of the appeal for default on noticing that the appellant has been continuously absent. The petitioner has thereafter filed an application under Order IX Rule 7 seeking recall of the said order dated 25.08.2014 by indicating the reasons for the absence on the day when the appeal was disposed of. However, the fact remains that on the said date there was no representation on behalf of the appellant. 3. Be that as it may, when the contentions to assail the order impugned have been raised and the valuable rights of the parties are involved, it is appropriate that the appeal be considered and disposed of on merits. Therefore, since the first respondent has not considered and disposed of the application filed by the petitioner 4 seeking recall of the order and since the petitioner is before this Court, at this stage, it is not necessary to pass any orders on the application since this Court is of the view that the appeal is to be restored and be considered on merits. 4. In that view, the order dated 25.08.2014 is set aside. The appeal No.45/2012 is restored to the file of the first respondent. The parties herein shall appear before the first respondent on 08.02.2016 at 3.00 p.m as the first date of appearance. The first respondent shall restore the proceedings, consider the case on merits and dispose of the same in accordance with law. The petition is disposed of accordingly. Sd/- JUDGE akc/bms .

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