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2025 DAILYLAW 10984 (KAR)

SMT SUNANDA v. THE STATE OF KARNATAKA

WP/201340/2025 · 2025-05-13

E S Indiresh, Rajesh Rai K

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:2674-DB WP No. 201340 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 13TH DAY OF MAY, 2025 PRESENT THE HON'BLE MR. JUSTICE E.S.INDIRESH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO.201340 OF 2025 (S-KAT) BETWEEN: SMT. SUNANDA /O BHEEMASHAPPA, AGE: 34 YEARS, W/AS JUNIOR TRAINING OFFICER, GOVERNMENT ITI, GURMITKAL-585214 R/AT H. NO.1-4-114, NEERETI MOHAL, NEAR MITTI BOUDI, GURUMITKAL, DIST. YADGIR-585214. …PETITIONER (BY SRI MAHESH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS THE ADDL. CHIEF SECRETARY, DEPARTMENT OF SKILL DEVELOPMENT VIKASA SOUDHA, DR. B. R. AMBEDKAR ROAD, BENGALURU-560001. 2. THE COMMISSIONER, DERECTORATE OF INDUSTRIAL TRAINING AND EMPLOYMENT KOUSALYA BHAVAN, DAIRY CIRCLE, BANNERGHATTAB ROAD, BENGALURU-560029. 3. THE JOINT DIRECTOR, DEPARTMENT OF EMPLOYMENT AND TRAINING Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2674-DB WP No. 201340 of 2025 REGIONAL OFFICE, KALABURAGI-585102. 4. THE PRINCIPAL, GOVERNMENT ITI COLLEGE, GURMITKAL DIST. YADGIR-585214. …RESPONDENTS (BY SRI MALLIKARJUN SAHUKAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER DATED 02.05.2025 VIDE ANNEXURE-B PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, KALABURAGI BENCH IN APPLICATION NO 20265/2025 AND GRANT THE INTERIM ORDER AS PRAYED FOR IN THE APPLICATION NO.20265/2025 ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH AND HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE E.S.INDIRESH) Learned Additional Government Advocate accepts notice for the respondents. 2. In this writ petition, petitioner is assailing the interim order dated 02.05.2025 passed in Application No.20265/2025, on the file of Karnataka State - 3 - NC: 2025:KHC-K:2674-DB WP No. 201340 of 2025 Administrative Tribunal, Kalaburagi Bench (for short ‘Tribunal). 3. Heard the learned counsel appearing for the petitioner and learned Additional Government Advocate appearing for the respondents. 4. Having taken note of the submission of learned counsel appearing for the petitioner that the impugned order passed by the respondent – authorities requires reconsideration on the ground that a fake certificate has been taken into consideration, we have given our anxious consideration with regard to the interim order dated 02.05.2025, wherein, the Tribunal directed the respondent-State to file reply statement and also given a finding that the applicant has already been relieved from the post. Hence, we are of the opinion that the writ petition cannot be accepted with regard to challenging the interim order passed by the Tribunal by exercising extra- ordinary writ jurisdiction under Article 226 of the Constitution of India. We have also noted that unless the - 4 - NC: 2025:KHC-K:2674-DB WP No. 201340 of 2025 reply statement is filed by the respondent – authorities before the Tribunal, it is not required to consider the prayer made in the writ petition. In that view of the matter, writ petition is dismissed. However, the Tribunal is directed to expedite the hearing in accordance with law. In view of disposal of main petition, pending I.A.1/2025 does not survive for consideration. Sd/- (E.S.INDIRESH) JUDGE Sd/- (RAJESH RAI K) JUDGE SRT List No.: 1 Sl No.: 7 CT:SI