Jai Bhavani Education Society vs The State Of Karnataka And Ors
11 May, 2023
Bench: Hon’ble E.S.Indiresh
Introduction
The case of Jai Bhavani Education Society v. State of Karnataka and others, decided on 11th May 2023, presented an interesting legal scenario regarding the maintainability of a writ petition. The petitioner, Jai Bhavani Education Society, challenged a notification issued by the fourth respondent, which raised an important question regarding the exhaustion of remedies under the Karnataka Education Act, 1983. In this blog post, we will delve into the details of the case and explore the significance of exhausting statutory remedies before resorting to writ jurisdiction.
Background:
Jai Bhavani Education Society, represented by its President, Sharubai, filed a writ petition under Articles 226 and 227 of the Constitution of India. The petitioner sought to quash a notice issued by the fourth respondent, Deputy Director of the Department of Public Instruction, Bidar, Karnataka. The impugned notice, dated 25th April 2023, was challenged on the grounds of its legality and validity.
Legal Proceedings:
During the hearing, the learned Additional Government Advocate, representing respondent Nos. 1 to 5, raised a preliminary objection regarding the maintainability of the writ petition. The contention was based on the argument that the petitioner should have first exhausted the remedies provided under the Karnataka Education Act, 1983, before approaching the court through a writ petition.
Decision and Analysis:
After considering the arguments put forth by both parties, the Hon’ble Mr. Justice E.S. Indiresh acknowledged that the impugned notification was an appealable order. Consequently, the court held that the writ petition was not maintainable due to the availability of alternative statutory remedies. However, the court granted liberty to the petitioner to approach the competent authority as per the provisions of the Karnataka Education Act, 1983, to seek redressal for their grievance.
Significance of Exhausting Statutory Remedies:
The case of Jai Bhavani Education Society v. State of Karnataka highlights the significance of exhausting statutory remedies before seeking recourse through writ jurisdiction. It is a well-established principle of law that a petitioner must explore all available remedies under the relevant legislation before approaching the court for extraordinary relief. This requirement ensures that specialized tribunals or administrative bodies can first address the issue and provide an opportunity for redressal.
Conclusion:
In conclusion, the case of Jai Bhavani Education Society v. State of Karnataka serves as a reminder of the importance of exhausting statutory remedies before resorting to writ jurisdiction. The court, while disposing of the writ petition, emphasized the need for the petitioner to pursue the remedies available under the Karnataka Education Act, 1983. This case reaffirms the established legal principle and the hierarchy of remedies, contributing to the effective functioning of the justice system.
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JUDGEMENT REVIEWED BY SHREEYA S SHEKAR
