Disposed

The Karnataka Public Service Commission v. Sri Somashekar M S

Karnataka HC19 Apr 2022WP/8137/2022

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a writ petition filed by the Karnataka Public Service Commission aggrieved by a Tribunal order directing consideration for a post. The Court extended the time limit for the KPSC to consider the case.

What did the court decide?

KPSC directed to consider and dispose of the applicant's case within one month from receipt of the order.

The Karnataka Public Service Commission Vs… — Pension and Retirement Benefits | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF APRIL, 2022

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PRESENT

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THE HON'BLE MR. JUSTICE G.NARENDAR

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AND

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THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.8137/2022 (S-KSAT)

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BETWEEN:

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THE KARNATAKA PUBLIC SERVICE COMMISSION, UDYOGA SOUDHA, PARK HOUSE ROAD, BENGALURU – 560 001 REPRESENTED BY SECRETARY.

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... PETITIONER

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(BY SMT. SINCHANA M.R, ADV.) AND: SRI SOMASHEKAR M.S. S/O SADASHIVAIAH M, AGED ABOUT 47 YEARS, R/O 72, MATHRUKRUPHA, SUBHASH NAGAR, 1^ST MAIN ROAD, 2^ND CROSS, HINDU VALLEY SCHOOL, VEERGONAGAR POST, K.R.PURAM, BENGALURU – 560 049.

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... RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT OF

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CERTIORARI QUASHING THE IMPUGNED ORDER DATED 28.02.2022 PASSED IN APPLICATION NO.3423/2021 BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL BENGALURU AS PER ANNEXURE-A AND CONSEQUENTLY DISMISS THE APPLICATION NO-3423/2021 (ANNEXURE-B) AND GRANT ALL CONSEQQUENTIAL RELIEFS.

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THIS WRIT PETITION COMING ON FOR ‘ORDERS’ THIS DAY, G.NARENDAR J, MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel for the petitioner.

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Petitioner is the State-KPSC and is before this Court being aggrieved by the order of the tribunal dated 28.02.2022 rendered in Application No.3423/2021.

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The respondent is the applicant had approached the tribunal with the following prayers:-

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“Issue a writ of Mandamus or any other appropriate writ or order directing the Respondent to select the Applicant for the post of Headmaster for Maulana Azad Schools (Residual parent cadre) pursuant to the Notification dated 19.11.2018 bearing No. e(1) 259/2018-19 psc.

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(b) Consequently direct the Respondents to appoint Applicant to the post of Headmaster for Maulana Azad Schools (Residual Parent cadre).

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The tribunal after hearing the parties has been

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pleased to dispose off the application with a direction to the petitioner herein to consider the case of the applicant for the post of Headmaster in terms of the notification bearing No. e(1) 259/2018-19/psc dated 19.11.2018 in accordance with law and pass orders within two months. The order is dated 28.02.2022. The writ petition is filed at the fag end of the times stipulated by the tribunal i.e. filed on 12.04.2022, to comply with its direction.

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Having heard the learned counsel and having appreciated the relief granted by the tribunal, we are of the considered opinion that a mere direction to consider the case of the respondent in accordance with law does not warrant any interference. The tribunal has merely directed to consider the case of the respondent/applicant in accordance with law and in terms of the Government notification. No case is made out nor is demonstrated

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before the court, that the petitioner is not entitled to seek for a mandamus.

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In that view of the matter, we are of the considered opinion that the instant writ petition could be disposed off by extending the time stipulated by the tribunal. The respondents-KPSC shall positively consider and dispose off the case of the Applicant within one month from the date of receipt of the copy of this order.

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The writ petition stands disposed off. Accordingly, there shall be no order as to costs. A copy of this order to be forwarded free of cost to the petitioner herein.

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In view of disposal of the petition, pending I.A. if any does not survive for consideration and is accordingly disposed off.

Sd/-

JUDGE

Sd/JUDGE

CT-HR

Chs

The Karnataka Public Service Commission v. Sri Somashekar M S

Case brief

What is this about?

What did the court decide?

The Karnataka Public Service Commission v. Sri Somashekar M S

Case brief

What is this about?

What did the court decide?

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