A writ petition seeking recruitment to the post of Principal Grade-I under the Residual Parent Cadre was held not maintainable, as the posts are civil posts and jurisdiction lies with the Karnataka Administrative Tribunal. The court disposed of the petition relegating the petitioner to that remedy, extending the interim order for two weeks.
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NC: 2024:KHC:12950 WP No. 8375 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.8375 OF 2024 (S-RES)
BETWEEN:
DR.G.D.NARAYANA S/O SRI.DYAVEGOWDA AGED ABOUT 58 YEARS R/AT SAMYAMA NILAYA NO.662, KUVEMPU ROAD VIDYANAGAR HASSAN - 573 202
…PETITIONER
(BY SRI.LAXMINARAYANA, ADVOCATE)
AND:
Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:12950 WP No. 8375 of 2024
REPRESENTED BY ITS EXECUTIVE DIRECTOR
…RESPONDENTS
(BY SMT.B.SUKANYA BALIGA, AGA FOR R.1; SRI.N.K.RAMESH, ADVOCATE FOR R.2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 - KEA TO CONSIDER THE REQUEST OF THE PETITIONER AND CONSIDER THE APPLICATION OF THE PETITIONER UNDER NON KALYAN KARNATAKA CANDIDATE I.E. RESIDUAL PARENT CADRE (RPC) AND IF ELIGIBLE, RECRUIT HIM TO THE POST OF PRINCIPAL GRADE-I UNDER THE NON KALYAN KARNATAKA CANDIDATE I.E. RESIDUAL PARENT CADRE (RPC) VIDE ANNEXURE-H DATED 22/12/2023 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel appearing for respondent No.2
and learned AGA appearing for respondent No.1 – State have raised objection in regard to maintainability of the writ petition.
contend that impugned recruitment Notification relates to appointment of Principal of Grade-I (Colleges) and these posts are admittedly civil posts and therefore, petitioner has to be relegated to seek redressal of his grievances before Karnataka Administrative Tribunal.
upheld. The writ petition is found to be not maintainable.
Accordingly, the writ petition is disposed off
relegating petitioner to avail remedy available before the Karnataka Administrative Tribunal.
However, the interim order granted by this Court
shall be in force for a period two weeks from the date of receipt of order copy.
Pending applications, if any, are also disposed off.
Sd/JUDGE
NBM
List No.: 1 Sl No.: 11
1 issue framed by the court
Whether the writ petition challenging recruitment to the post of Principal Grade-I is maintainable before the High Court or whether the petitioner must approach the Karnataka Administrative Tribunal.
2 provisions across 1 enactments
Dr. G.D. Narayana
State of Karnataka, represented by Principal Secretary, Department of Higher Education
Karnataka Examinations Authority, represented by its Executive Director
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
