On the other hand, the statement of objections filed by the respondent No.1 Management does indicate in paragraph 3 that the petitioner after reporting to duty at Belavanur worked only for four days but thereafter went on applying for leave on medical grounds.ĥ. While this could constitute a disputed question of fact, which if at all was required to be properly verified by the tribunal, the tribunal could not have assumed this fact against the petitioner.Ĥ. Writ averments while indicate that the petitioner in fact on being transferred from Dodda Aladamara High School, Chunchanakuppe, Bangalore, Belavanur, Davanagere District but was not able to attend to her work regularly due to her ill health, the tribunal appears to have formed an impression that she has never worked at Maganur Basappa High School, Belavanur in Davanagere District. The Tribunal suo mottu framed the issue regarding jurisdiction, being of the impression that the petitioner was working at a school run by the respondent No.1 Management located at Dodda Aladamara High School Chunchanakuppe, Bangalore and though she was transferred to Maganur Basappa High School, Belavanur in Davanagere District she having not worked in any position within the jurisdiction of the appellate tribunal, the tribunal cannot entertain an appeal against the order of termination dated passed by the respondent No.1 Management for the reason that she had remained unauthorisedly absent from work at Maganur Basappa High School, Belavanur in Davanagere District and therefore directed return of the appeal papers to be presented before the appellate tribunal having proper jurisdiction.ģ. Writ petition by a person who was working as a Teacher in a private aided educational institution who it appears suffered an order of dismissal in terms of the order dated passed by the respondent No.1 Management of Sri Taralabalu Jagadguru Education Society (Regd.,), Sirigere, Chitradurga District and which order had been questioned by the petitioner by filing an appeal under Section 94 of the Karnataka Education Act, 1983 (for short the Act ) before the Educational Appellate Tribunal at Chitradurga, but the appeal having been declined to be considered by the tribunal on the premise that it has no jurisdiction to entertain the appeal as the petitioner was not serving within the territorial jurisdiction of the tribunal and having returned the memorandum of appeal to the petitioner to be presented before the appellate tribunal having jurisdiction, the present writ petition questioning the validity of the order dated passed by the District Judge at Chitradurga acting as Educational Appellate Tribunal under the Act.Ģ.
(This Writ Petition is filed under articles 226 & 227 of the constitution of india praying to quash the order passed by him on in E.A.T.
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