IN THE HIGH COURT OP KiRN.ATAKA AT BANGAIORE DATED THIS THE 18TH DAY O1 JUNE 1998 BEFORE THE RON’ BLE MR. JUSTICE G. C .BHARUXA WRIT PETITION NO :5330—331/1 96 1. Shri eh].kkasiddeih, s/c Sicjdaiah, major, Peon—cum—sweeper, z 2. 5 hri 0 s/o K.LBasavrju, maot, Librarisn—cum—Clerk, 01 13oti pete re at Sri Sbrad High School, Kodihili, Krniakpura Thiuk, angalore rl istrict. (By 5 rj R,padniansbha, Ad) ..PetitionE U0 AND: D0V 1. 4ate of Kaniatka, rep by its Secretary, Education Departiait, M.3.Buildizigs, Bangelore..5 60001. -2— 2. The Commissioner for Public Instructions, in Karnataka, New Public Offices, Nrupethunga Road, Bangalore—1. 2 3. The Joint Director of Public Instructions, Bangalore Division, Bangalore. I0 4. The Dy.Director of Public Instructions, Bangalore Rural Diet. Bangalore. z 5. The Chief Executive Officer, O Zi].la Panchayat, K.G.Road, I- Bangalore. 0V 6. The Secretary, Shri Gurukar Thimmegowda V1.dya Samatbe, kodthaili, Kanakepurs Taj.uk, Bangalore Rural District. (By Sri G.Papireddy, GA for 1-4; R_5 & 6 served;) S ..Respondente . . . This writ petition le filed under Articles 226 and 227 of the Constitution of India with a prayer to dispose of the Case of the petitioners in terms of the judgment dated 6.9.93 passed in W.P.No.32482—93/94 vide nn.G. and etc., hi petition coming on for orders thie day the Court made the following: —: 1 :— LP.5330—5331/96 ORDER Heard the learned counsel for the petitioner and Mrs. V. Yidya, learned H.C.G.P. for the respondents 2. The petitioners are employees of a Private Educational institution. The relief claimed by them in the present writ petition pertains to their employment. The Division Bench of this Court in W.A. No. 1833 to 1836/95 and connected matters (DD 30.05.1998) has held that even if the private educational institution has been admitted to grant—in—aid under the provisions of the Grant—in—Aid Code by the State government, still no relationship of master and servant between the government and the persons like the petitioners comes into being and therefore, the writ petitions filed by such employees are not maintainable under Article 226 of the Constitution of India, since they have effective, efficacious and alternative statutory remedies available under the Karnataka Education Act, 1983 (in short the Act’). 3. In paragraph 12 of the judgment it has been held that. ‘As regards the locus standi of staff working in the aforesaid edqcational institutions to maintain the writ petitions, they have got the remedy of appeal under Section 94 of the Education Act against an order of dismissal or removal from service or reduction in rank. Under Section 130, appeal is provided against any order passed by an officer or authority under the Act. Section 131 provides for revision by Government either suo moto or on an application from any person interested. section 132 of the Education Act provides for ICr review by I hr. tatc (ov€r nrr ut it u rot op 3fl p)1i o iv f ri n r n I ntr.v COt C Thr. er 1 od i U DOWC to J110ii)fl jndr tir “] f tho Sid Ut t( FIkE 1J1 t kE idt€ roc eed j r C on r f) of’ o o other ffjcer not. Uw ibr-” iñ” :f 0.1’rjrt ‘duatin31 Off r nd to urnit r “ t , Thus, t h F’ J v t I t r ‘1 1€ f 1 v i r ‘0 ‘ ‘f’ ‘f ‘m’Or r’ (f o ny crdo” t h (ve’ prrint or ‘r- rreH uir r’- r hr t n I r f Ito power u rde or t inn I O Ind t t f f n v i I t ho odid rerno’io Fpen wth rnrrj p’mept of whit is tCtOCI flbnve with roorc t rJ’ Inc nh non’ I ing tUf ol th U otaff oioo, L1ithot r.jtjp iih oltornatjje emedy they -.n not b pnrrc I tec 4 1’c nioke th- extra’direiry juiisdction rf thU Court undcr y t U f Ii C not rU I j n. 4. For the fooid recoono ho writ politicos ore disrnisd 10 the ground of a ouch lity of Ufi -c iou ani effect inc altcrnativo rerpory, However • aN the ‘ighte Olki ont nt ion f thc n t io fr ‘I ker I IC O1 I in ajtteH hfore th npror te ftt’ry ojhorfoo if so o i i d h po I i n r rn o j I t h I r r mc d P01’ rf fjlinq opponi / o’is]on / opflJr’1nr rr.t. F r H n f ir o do r I n I fiIinn rf th’ ome, thr. ‘-rerr mtLo’itirs i rHsc:, or3crzaI ‘ rovi’rr’cn / c’crl I’ t jr 0 wtthi n TOP F fl(n1 1 a’ frl’r,g H cv’ , I -o “ P cC F’. 1 ic d/ ‘19i1Cd. ‘hr ‘h.e ‘rrr <ihord,”i ho dioci ,f pth n rromi H firm Fr.. iot H nrrunic r jr cf I H Sd/ JUDGE