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Mrs Aysha Fidha Vs Principal Secretary to… — Writ and Judicial Review | Karnataka HC (2025)

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Karnataka HC
2025
Mrs Aysha Fidha Vs Principal Secretary to GovernmentMrs Aysha Fidha v. Principal Secretary to Government of

Disposed¶34

Mrs Aysha Fidha v. Principal Secretary to Government of

Karnataka HC14 Mar 2025WP/22453/2023

Case brief

AI extract

What is this about?

Karnataka HC writ petition (EDN-RES), NC: 2025:KHC:10779 — non-consideration of scholarship application; mandamus sought against Principal Secretary, Government of Karnataka and Minority Welfare Officer, District Minority Welfare Department, Mangalore; prayer also sought extension of last date for biometric verification; respondents agreed to consider application if reasonable time given; direction issued to decide application dated 03.12.2022 and e-mails of 15.12.2022 and 02.11.2023 within four weeks; petition disposed of; no cases cited; no quantum awarded.

What did the court decide?

Direction to respondents 1 and 2 to consider the petitioner's application dated 03.12.2022 (Annexure-A) and e-mails (Annexures-B and C) and pass appropriate order / take appropriate decision in accordance with law within four weeks from receipt of a copy of the order.

Why is it important?

The concerned respondents are directed to address the grievances of the petitioner, consider her application at Annexure-A dated 03.12.2022 and the e-mails at Annexures-B and C dated 15.12.2022 and 02.11.2023, and pass appropriate order / take appropriate decision in accordance with law within four weeks from the date of receipt of a copy of the order. ¶33

What the court decided

AI extract

Outcome

Direction to respondents 1 and 2 to consider the petitioner's application dated 03.12.2022 (Annexure-A) and e-mails (Annexures-B and C) and pass appropriate order / take appropriate decision in accordance with law within four weeks from receipt of a copy of the order.

Issue for consideration

Whether respondents 1 and 2 should be directed, by writ of mandamus, to consider the petitioner's scholarship application and avail her the scholarship.

Court's answer

The concerned respondents are directed to address the grievances of the petitioner, consider her application at Annexure-A dated 03.12.2022 and the e-mails at Annexures-B and C dated 15.12.2022 and 02.11.2023, and pass appropriate order / take appropriate decision in accordance with law within four weeks from the date of receipt of a copy of the order.

Ratio / Principle

Subject to the aforesaid observations and directions, the petition stands disposed of.

Detailed headnote1 paragraphs

High Court of Karnataka (S.R. Krishna Kumar, J.), by oral order dated 14.03.2025 in WP No. 22453 of 2023 (EDN-RES), disposed of a writ petition under Articles 226 and 227 of the Constitution filed by a scholarship applicant whose application dated 03.12.2022 (Annexure-A) and e-mails dated 15.12.2022 and 02.11.2023 (Annexures-B and C) to the Principal Secretary, Government of Karnataka, and the District Minority Welfare Officer, Mangalore, had not been considered. The learned AGA stated that, if reasonable time was given, the respondents would consider and pass necessary order on the application. Directing the respondents to address the petitioner's grievances and pass appropriate order in accordance with law within four weeks from receipt of a copy of the order, the Court disposed of the petition.

A

1 -

NC: 2025:KHC:10779 WP No. 22453 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 22453 OF 2023 (EDN-RES)

BETWEEN:

MRS. AYSHA FIDHA D/O K. P. ISMAIL, AGED ABOUT 26 YEARS, R/AT MJM 143 BENGRE KASABA, MANGALORE – 575 013.

…PETITIONER

(BY SRI. TALHA ISMAIL BENGRE, ADVOCATE)

AND:

PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA ROOM NO.204 & 205 2^ND FLOOR, VIKASA SOUDHA, BENGALURU – 560 001.

Digitally signed by LEELAVATHI S R

Location: High Court of Karnataka

MINORITY WELFARE OFFICER DISTRICT MINORITY WELFARE DEPARTMENT, 2^ND FLOOR, MOULANA AZAR BHAVAN,

OLD KENT ROADM, PANDESHWAR, MANGALORE, KARNATAKA – 575 001.

…RESPONDENTS

(BY SRI. SUDEV HEGDE, AGA FOR R1 & R2)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO ISSUE WRIT TO THE R1 AND 2 TO CONSIDER THE APPLICATION AND AVAIL HER THE SCHOLARSHIP GRANT AN INTERIM ORDER TO THE R2 TO EXTEND THE LAST DATE OF VERIFICATION OF BIOMETRICS AND VERIFY THE PETITIONERS BIOMETRIC AND INCLUDE/EXPEDITE PETITIONERS SCHOLARSHIP APPLICATION.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

2 -

NC: 2025:KHC:10779 WP No. 22453 of 2023

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, the petitioner has sought for the following reliefs:

“Wherefore, the petitioner most respectfully prays that this Hon’ble Court be pleased to pass order/direction by way of writ of mandamus to the respondent 1 and 2 to consider the application and avail her the scholarship and to grant any other such order/direction this Hon’ble Court may deem fit to grant in the facts and circumstances of the case (Annexures-A, B and C).

Heard learned counsel for the petitioners and learned

AGA for the respondents and perused the material on record.

It is the grievance of the petitioner that her application at Annexure-A dated 03.12.2022 and E-mails at Annexures-B and C dated 15.12.2022 and 02.11.2023, respectively, submitted to the respondents have not been considered so far by them nor any order has been passed on the same. Under these circumstances, the petitioner is before this Court by way of the present petition.

Per contra, learned AGA for the respondents submits that if reasonable time is given, they would consider and pass necessary order on the said application.

3 - NC: 2025:KHC:10779 WP No. 22453 of 2023

5. In view of the aforesaid facts and circumstances and

rival submissions, the concerned respondents are hereby directed to address the grievances of the petitioner and consider her application at Annexure-A dated 03.12.2022 and E-mails at Annexures-B and C dated 15.12.2022 and 02.11.2023, respectively and pass appropriate order / take appropriate decision, order in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

Subject to the aforesaid observations and directions, the petition stands disposed of.

Sd/(S.R.KRISHNA KUMAR) JUDGE

BMC List No.: 1 Sl No.: 71 CT:SK

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether respondents 1 and 2 should be directed, by writ of mandamus, to consider the petitioner's scholarship application and avail her the scholarship.¶26
The court held
The concerned respondents are directed to address the grievances of the petitioner, consider her application at Annexure-A dated 03.12.2022 and the e-mails at Annexures-B and C dated 15.12.2022 and 02.11.2023, and pass appropriate order / take appropriate decision in accordance with law within four weeks from the date of receipt of a copy of the order.ratio¶33

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticles 226 and 227¶19

Procedural history

How this case reached the court

AI extract

Prior proceeding
Petitioner's scholarship application (Annexure-A dated 03.12.2022) and follow-up e-mails (Annexures-B and C dated 15.12.2022 and 02.11.2023) submitted to the respondents were not considered and no order was passed thereon.¶29

Parties & counsel

AI extract

petitioner
MRS. AYSHA FIDHA D/O K. P. ISMAIL¶8
Talha Ismail Bengre
respondent
PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA¶12
Sudev Hegde
respondent
MINORITY WELFARE OFFICER DISTRICT MINORITY WELFARE DEPARTMENT¶15
Sudev Hegde

Coram

AI extract

S.R. Krishna Kumarauthor¶23

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 14 Mar 2025 · March
Registered: 6 Oct 2023
Case no.: WP/22453/2023
CNR: KAHC010525072023
Topic: Writ and Judicial Review
Bench: S.r.krishna Kumar
Disposal: DISPOSED
Case type: WRIT PETITION (EDN-RES)

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Cite this judgement

Mrs Aysha Fidha v. Principal Secretary to Government of, WP/22453/2023 (KA), decided on 14 March 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticles 226 and 227

View all statutes

Procedural history1

Petitioner's scholarship application (Annexure-A dated 03.12.2022) and follow-up e-mails (Annexures-B and C dated 15.12.2022 and 02.11.2023) submitted to the respondents were not considered and no order was passed thereon.

View full history

Bench / Coram

S.R. Krishna Kumar

Parties & counsel