- 1 - NC: 2025:KHC:11364 WP No. 12068 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 12068 OF 2017 (GM-RES) BETWEEN: 1. ANANDA SOCIAL & EDUCATIONAL TRUST NO. 1/36, CLINE ROAD, COOKE TOWN, BENGALURU - 560 005 REPRESENTED BY ITS CHAIRMAN. 2. M.R. AMBEDKAR DENTAL COLLEGE & HOSPITAL UNDER ANANDA SOCIAL & EDUCATIONAL TRUST, NO. 1/36, CLINE ROD, COOKE TOWN, BENGALURU - 560 005 REPRESENTED BY ITS PRINCIPAL. …PETITIONERS (BY SRI. K ABHINAV ANAND.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF MEDICAL EDUCATION, M.S.BUILDING, BANGALORE - 560 001. 2. KARNATAKA STATE COMMISSION FOR SCHEDULED CASTES & SCHEDULED TRIBES NO. 14/3, 2ND FLOOR, CFC BUILDING, NRUPATHUNGA ROAD, BENGALURU - 560 001. REPRESENTED BY ITS CHAIRMAN. 3. DR. RAMAIAH P S/O P.S.RAJU, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11364 WP No. 12068 of 2017 AGED ABOUT 41 YEARS, R/AT NO. 728, PAVAMANA, 9TH BLOCK, 10TH MAIN, 2ND STAGE, NAGARABHAVI, BENGALURU - 560 072. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1; SRI. A.C. MANJUNATH., ADVOCATE FOR R3; R3-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE PROCEEDINGS IN NO. MISC/602/2016 PENDING ON THE FILE OF THE R-2 COMMISSION, AS PER ANNEXURE-A AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: a. Issue writ of certiorari and quash the proceedings in No. Misc/602/2016 pending on the file of the 2nd respondent Commission, as per Annexure-A; b. Issue such other appropriate writ/s, order/s or direction/s as deem fit to pass under the facts and circumstances of the case, in the interest of justice and equity. 2. The grievance of the petitioners is that respondent No.2 has exercised his jurisdiction over a complaint - 3 - NC: 2025:KHC:11364 WP No. 12068 of 2017 filed by respondent No.3 as regards the termination from service by the petitioners. He submits that respondent No.2 does not have any jurisdiction to do so and, in this regard, he relies upon the decision of the Coordinate Bench of this Court in W.P. No.12066/2017 [Ananda Social & Educational Trust and Another -v- State of Karnataka and others]. 3. Learned counsel for respondent No.2 would however submit that respondent No.3 belonging to the scheduled caste and dispute and grievance having been raised by him, respondent No.2 has entertained the said dispute under Section 8 of the Karnataka State Commission for Scheduled Castes and Scheduled Tribes Act, 2002 [hereinafter referred to as ‘Act of 2002’]. His submission is that any person belonging to Scheduled caste or schedule tribe community were to make a grievance or complaint as regards any Deprivation of rights, then Commission would exercise its rights and jurisdiction. - 4 - NC: 2025:KHC:11364 WP No. 12068 of 2017 4. The above issue is no longer resintegra, this Court in several matters including one referred to by Sri.K.Abhinav Anand, learned counsel for the petitioner in W.P. No.12066/2017, this Court vide order dated 2.03.2022 has categorically come to a conclusion that Section 8 would not permit an enquiry into service condition of an employee belonging to scheduled caste and scheduled tribe in any institution or provide any authority to the Scheduled Caste and Scheduled Tribe Commission to determine the veracity of termination of services even if the person who has complained relating thereto belong to scheduled caste and scheduled tribe. Respondent No.3 would have adequate alternative remedy under the appropriate enactments, more particularly under the Karnataka Education Act, 1983, which respondent No.3 has already filed in No.MA.ED 18/2016. That being so, the Commission would be well advised not to - 5 - NC: 2025:KHC:11364 WP No. 12068 of 2017 entertain these kind of disputes and pass orders and comply with the orders passed by this Court earlier. 5. Learned counsel for Respondent No.2 is directed to bring to notice of respondent No.2 the above order passed, as also the order passed in W.P. No.12066/2017. 6. In that view of the matter, I pass the following: ORDER i. The writ petition is allowed. ii. A certiorari is issued, the proceedings in M.A. No.602/2016 pending on the file of respondent No.2-Commission at Annexure-A are quashed. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 33