- 1 - NC: 2025:KHC:331-DB WP No. 4442 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T WRIT PETITION NO. 4442 OF 2024 (S-KSAT) BETWEEN: SRI GAJENDRA KUMAR R S/O RACHOOTARADYA AGED ABOUT 37 YEARS R/A NO.31 NEAR BASAVESHWARA TEMPLE MALLASANDRA NADAVATHI POST HOSKOTE TALUK BENGALURU RURAL-560067. …PETITIONER (BY SRI. SHIVAPRASAD SHANTANAGOUDAR - ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M S BUILDING BENGALURU-560001 REP BY ITS SECRETARY. 2. THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION 9TH FLOOR, VISHWESHWARAIAH TOWERS DR AMBEDKAR VEEDI, BENGALURU-560001. Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:331-DB WP No. 4442 of 2024 3. THE SECRETARY KARNATAKA PUBLIC SERVICE COMMISSION BENGALURU-560001 …RESPONDENTS (BY SRI. SHIVAPRASAD SHANTANAGOUDAR - ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO: A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER SETTING ASIDE THE IMPUGNED ORDER DATED 03.11.2023 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION No. 98/2023 VIDE ANNEXURE-A; B) QUASH THE IMPUGNED ENDORSEMENT BEARING No. E-289848/DMA/EST2/SDA/8/ 2020/6944 DATED 26.12.2022 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-A19; C) DIRECT THE 2ND RESPONDENT TO ISSUE APPOINTMENT LETTER TO THE PETITIONER FOR THE POST OF SECOND DIVISION ASSISTANT IN THE 2ND RESPONDENT DEPARTMENT AND GRANT THE PETITIONER THE COSTS OF THIS PROCEEDING. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This petition is initiated by the petitioner relating to the order rendered by the Karnataka State Administrative - 3 - NC: 2025:KHC:331-DB WP No. 4442 of 2024 Tribunal in Application No.98/2023 dated 03.11.2023 vide Annexure-A. 2. Learned counsel Sri Shivaprasad Shantanagoudar for the petitioner and learned counsel Smt Sinchara M.R for respondent No.3 are present. Learned AGA Sri B.Ravindranath for respondent Nos.1 and 2 is also present. 3. However, the applicant therein is the petitioner herein who is the candidate for selection to the post of SDA in the department of Municipal Administration based on the recruitment notification of 01.09.2017, the applicant was included in the final select list of 02.06.2020 as at Annexure A.13 (Sl.No.15). 4. Learned counsel Sri Shivaprasad Shantanagoudar for the petitioner seeks liberty to initiate writ proceeding under Article 226 of the Constitution of India to deal the issues in accordance with law. He submits that petitioner was not Government Servant. These are the contentious contentions of learned counsel for the petitioner taken on record. - 4 - NC: 2025:KHC:331-DB WP No. 4442 of 2024 5. Keeping in view the submission made by the learned counsel for the petitioner, it is deemed appropriate that without expressing any opinion on merits of the matter, liberty is granted to the petitioner to deal the issues between petitioner and respondents by making use Article 226 of the Constitution of India. 6. Further, whatever observation made in this matter, does not come in the way of initiation of writ proceedings. Accordingly, this writ petition is disposed of. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE RJ