Case Note & Summary
The appellant, Dakshin Bharath Hindi Prachar Sabha (Karnataka), an educational institution, filed a writ appeal against an order of a learned Single Judge dismissing their writ petition. The writ petition had challenged the maintainability of proceedings before the Karnataka Educational Appellate Tribunal instituted by the respondent, Dr. A.S. Gadag, challenging his termination as a Lecturer in the college run by the appellant. The appellant contended that it is an institution recognised by the Indian Medical Council Act, 1956 (I.M.C. Act) and therefore excluded from the purview of the Karnataka Education Act, 1983 (K.E. Act). The learned Single Judge had disposed of the writ petition by recording that since admittedly the institution is recognised by the I.M.C. Act, it is excluded from the K.E. Act, and thus the Tribunal had no jurisdiction. However, the Single Judge dismissed the petition on the ground that the appellant had already participated in the proceedings before the Tribunal. The Division Bench, in the writ appeal, considered the preliminary objection regarding maintainability. The court held that the appellant's institution, being recognised by the I.M.C. Act, is excluded from the K.E. Act, and therefore the Karnataka Educational Appellate Tribunal has no jurisdiction to entertain the dispute. The court further held that participation in proceedings cannot confer jurisdiction on a tribunal that lacks inherent jurisdiction. Consequently, the appeal was allowed, the order of the learned Single Judge was set aside, and the proceedings before the Tribunal were quashed.
Headnote
A) Education Law - Jurisdiction of Educational Tribunal - Exclusion from Karnataka Education Act - Institution recognised by Indian Medical Council Act, 1956 is excluded from the purview of Karnataka Education Act, 1983 - The appellant institution, being recognised by the Indian Medical Council Act, 1956, is not governed by the Karnataka Education Act, 1983, and therefore the Karnataka Educational Appellate Tribunal has no jurisdiction to entertain the respondent's challenge to his termination - Held that the proceedings before the Tribunal are without jurisdiction and the writ petition challenging maintainability ought to have been allowed (Paras 1-3).
Issue of Consideration
Whether an educational institution recognised by the Indian Medical Council Act, 1956 is excluded from the purview of the Karnataka Education Act, 1983, and consequently, whether the Karnataka Educational Appellate Tribunal has jurisdiction to entertain a dispute regarding termination of a lecturer employed by such institution.
Final Decision
The writ appeal is allowed. The order dated 23.08.2012 passed by the learned Single Judge in W.P. No. 64298/2012 is set aside. The proceedings before the Karnataka Educational Appellate Tribunal are quashed.
Law Points
- Exclusion from purview of Karnataka Education Act
- 1983
- Jurisdiction of Karnataka Educational Appellate Tribunal
- Applicability of Indian Medical Council Act
- 1956
