Smt Geetha Vs the State of Karnataka by — Writ and Judicial Review | Karnataka HC (2025)

Smt Geetha Vs the State of Karnataka by — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed: certiorari issued quashing the endorsement dated 21.08.2025 at Annexure-D; respondents directed to consider the representation dated 15.07.2025 at Annexure-C without reference to the petitioner having passed SSLC examination and to process the application within 4 weeks from receipt of copy of the order.

Issue for consideration

Whether the transferee of an authorization (fair price depot) on compassionate grounds is required to have passed 10th Standard (SSLC). +1 more

Court's answer

The requirement to pass SSLC cannot be applicable to a transfer of authorization on compassionate grounds; it will be only applicable to an application made for grant of authorization in pursuance of a notification issued. Adopting the categorical conclusion of the co-ordinate Bench in W.P.No.6993 of 2017 (20.02.2017), the Court holds the SSLC condition does not bar the petitioner's compassionate transfer.

Ratio / Principle

Certiorari is issued and the endorsement dated 21.08.2025 at Annexure-D rejecting the transfer of authorization is quashed.

Key takeaways

Respondents are directed to consider the representation dated 15.07.2025 at Annexure-C without reference to the petitioner having passed SSLC examination and to process the application within a period of 4 weeks from date of receipt of copy of the order.ratio¶42

Detailed headnote1 paragraphs

Public Distribution System - Fair price depot authorization under the Karnataka Essential Commodities (Public Distribution System) Control Order - Transfer of authorization on compassionate grounds to widow of deceased authorization holder (husband expired 20.06.2025) - Requirement of passing SSLC/10th Standard not applicable to transfer of authorization on compassionate grounds; applicable only to fresh grant of authorization pursuant to a notification - Endorsement dated 21.08.2025 (Annexure-D) rejecting transfer on the ground that petitioner had not completed 10th Standard quashed by certiorari - Respondents directed to consider representation dated 15.07.2025 (Annexure-C) without reference to SSLC and process application within 4 weeks - Following co-ordinate Bench decision dated 20.02.2017 in W.P.No.6993 of 2017.

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NC: 2025:KHC:42206 WP No. 31779 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31779 OF 2025 (GM-PDS)

BETWEEN:

SMT GEETHA W/O LATE BASAVARAJU, AGED ABOUT 42 YEARS, R/AT T.MALLIGERE VILLAGE, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT-571 405.

…PETITIONER

(BY SRI. LAKSHMIKANTH K, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY IT'S PRINCIPAL SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

THE JOINT DIRECTOR (FOOD), FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, MANDYA DISTRICT, MANDYA.

…RESPONDENTS

(BY SMT.K.P.YASHODHA, AGA)

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. QUASH THE ENDORSEMENT DATED 21.08.2025 VIDE ¸ÀASÉå: DºÁgÀ/£Áå¨ÉCA (1)/ ¹Dgï/50/2025-26 AT ANNEXURE-D AND ETC.,

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NC: 2025:KHC:42206 WP No. 31779 of 2025

HC-KAR

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

Learned Additional Government Advocate accepts notice for respondents.

The Petitioner is before this Court seeking for the following reliefs:

"a. Issue a Writ of Certiorari or any other writ by quashing the endorsement dated 21.08.2025 vide ¸ÀASÉå: DºÁgÀ/£Áå¨ÉCA(1)/¹Dgï /50/2025-26 at Annexure-D.

b. Issue writ of mandamus or any other appropriate writ directing the respondent No.2 to consider the representation given by the petitioner dated 15.07.2025 at Annexure-C.

c. To pass such other necessary order as this Hon'ble Court deems fit in the interest of justice."

The husband of the petitioner was issued an authorization under the Karnataka Essential Commodities (Public Distribution System) Control Order to run a fair price depot. The said husband, unfortunately, expired on 20.06.2025. In that view of

3 - NC: 2025:KHC:42206 WP No. 31779 of 2025

HC-KAR

the matter, the petitioner made a representation to respondent No.2 on 15.07.2025 to transfer the authorization in her name. The said request came to be rejected by respondent No.2 on 21.08.2025 by issuing an endorsement on the ground that the petitioner had not completed 10^th Standard and as such, transfer could not be made. Challenging the same, the petitioner is before this court seeking for the aforesaid reliefs.

This aspect of whether the transferee of an authorization on compassionate grounds is required to have passed 10^th Standard has been considered by co-ordinate Bench of this Court by order dated 20.02.2017 in W.P.No.6993 of 2017 and this Court has come to a categorical conclusion that the requirement to pass SSLC cannot be applicable to a transfer of authorization on compassionate grounds and it will be only applicable to an application made

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NC: 2025:KHC:42206 WP No. 31779 of 2025

HC-KAR

for grant of authorization in pursuance of the notification issued.

In that view of the matter, I have passed the following order:

ORDER

a) Writ petition is allowed.

b) Certiorari is issued. The endorsement dated 21.08.2025 at Annexure-D is quashed.

c) Respondents are directed to consider the representation dated 15.07.2025 at Annexure-C without reference to the petitioner having passed SSLC examination and process the application within a period of 4 weeks from date of receipt

of copy of this order.

SD/(SURAJ GOVINDARAJ) JUDGE

DM List No.: 1 Sl No.: 29