Dismissed

Anil Antony v. the State of Karnataka

Karnataka HC18 Jan 2021WP/698/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a writ petition challenging the appointment policy of the Karnataka Minorities Development Corporation. The court held that mandamus cannot be issued absent a statutory obligation to appoint specific community members on a rotation basis as chairperson.

What did the court decide?

Prayer for appointment of members from specific communities on rotation basis as chairperson was dismissed.

Anil Antony Vs the State of Karnataka — Service and Employment | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF JANUARY, 2021 PRESENT

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THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE

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AND

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THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.698 OF 2021(GM-RES-PIL)

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BETWEEN:

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ANIL ANTONY AGED ABOUT 45 YEARS SON OF LATE S. ARUL RAJ FLAT NO. 006, GROUND FLOOR BHOOMI DIVINE APARTMENT VICTORIA LAYOUT BOREWEL ROAD NALLURHALLI VILLAGE WHITEFIELD POST BENGALURU - 560 066

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... PETITIONER

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(BY SHRI. UMAPATHI .S, ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY DEPARTMENT OF ENERGY MINORITY WELFARE HAJ AND WAKF ROOM NUMBER 236 2^ND FLOOR, VIKASA SOUDHA BENGALURU - 560 001

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2 . THE CHAIRMAN KARNATAKA MINORITIES DEVELOPMENT CORPORATION LIMITED 12^TH FLOOR, MAIN TOWER VISWESHWARAYA CENTRE DR.B.R.AMBEDKAR VEEDHI

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BENGALURU - 560 001

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3 . THE MANAGING DIRECTOR KARNATAKA MINORITIES DEVELOPMENT CORPORATION LIMITED 12^TH FLOOR, MAIN TOWER VISWESHWARAYA CENTRE DR.B.R.AMBEDKAR VEEDHI BENGALURU - 560 001

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... RESPONDENTS

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(BY SHRI. VIJAYKUMAR .A. PATIL, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS, AN ORDER OR DIRECTION DIRECTING THE FIRST RESPONDENT TO APPOINT MEMBERS FROM CHRISTIANS, SIKHS, PARSIS, JAIN AND BUDDHISTS ALSO AS THE CHAIRPERSON OF THE CORPORATION ON ROTATION BASIS WITHIN THE TIME FRAME FIXED BY THIS HON'BLE COURT AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel appearing for the petitioner.

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2. The only substantive prayer made in this writ

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petition is prayer A which reads thus:

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“A. Issue a Writ in the nature of Mandamus, an order or direction directing the First Respondent to appoint Members from Christians, Sikhs, Parsis, Jain and Buddhists also as the Chairperson of the Corporation on rotation basis within the time frame fixed by this Hon’ble Court.”

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When we made a query to the learned counsel appearing for the petitioner whether there is any law or statutory rule which enjoins the first respondent to appoint persons from Christians, Sikhs, Parsis, Jain and Buddhists as the Chairperson to the Karnataka Minorities Development Corporation Limited by rotation, he is unable to show any such provision.

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A writ of mandamus cannot be issued unless a legal obligation on the part of the respondents is shown to do a particular thing. In absence of any legal obligation, the prayer sought for in this writ petition cannot be granted.

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The writ petition is accordingly rejected.

Sd/-

CHIEF JUSTICE

Sd/JUDGE

*alb/-.

Anil Antony v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Anil Antony v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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