SRI B R ANIL KUMAR v. THE PRINCIPAL SECRETARY TO THE GOVERNMENT
WP/5432/2025 · 2025-04-04
K V Aravind, N V Anjaria Cj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18108 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18108 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:14404-DB WP No. 5432 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 5432 OF 2025 (GM-RES) BETWEEN:
1. SRI B. R. ANIL KUMAR, S/O B.R. RANGANATH, AGED ABOUT 52 YEARS, R/A No.4, 8TH 'B' MSR NAGAR, MARIYAMMA TEMPLE, BANGALORE-560054. MOBILE No. 9844164267, PAN No.- AGSPB3501F AADHAR CARD No. 8132 2851 0817. …PETITIONER (BY SRI SRIKANTH N. V., ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY TO THE GOVERNMENT, EDUCATION DEPARTMENT, MULTI-STORIED BUILDING, BANGALORE - 560001. 2. THE COMMISSIONER, PRIMARY AND SECONDARY EDUCATION, GOVERNMENT OF KARNATAKA, K.R. CIRCLE, BANGALORE - 560001. 3. THE STATE SECRETARY, BHARATH SCOUTS AND GUIDES,
Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:14404-DB WP No. 5432 of 2025
PALACE ROAD, BANGALORE 560001. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION DIRECTING THE RESPONDENT No-1 TO CONDUCT ENQUIRY/ INVESTIGATE INTO THE MATTER IN VIEW OF THE REPRESENTATION DATED 19.06.2024 GIVEN BY THE PETITIONER AS PER ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE K. V. ARAVIND)
The present petition is preferred styling it as public interest litigation seeking direction to respondent No.1 to conduct enquiry/investigate into the matter by considering the representation dated 19.06.2024. 2. It is stated that the petitioner is a social worker and has filed this petition in public interest with an intention to save government money. It is further stated that respondent No.3 is an NGO registered under the Karnataka Societies Registration Act, 1960 and aided by the Government of India, Education Department. The
- 3 -
NC: 2025:KHC:14404-DB WP No. 5432 of 2025
appointments to respondent No.3 are not conducted in a transparent manner. The appointments made are without prior approval of respondent No.1 and without following the procedure of inviting applications from the eligible candidates. It is further stated that the appointments are in violation of roster system and suffers from multiple lapses. 3.
Sri N.V. Srikanth, learned advocate appearing for the petitioner submits that respondent No.3 has made appointments without approval of respondent No.1 and without inviting applications from the eligible candidates and without following the roster system. It is further submitted that the activities of respondent No.3 are with the aid/funds provided by the Karnataka Government. The irregularities in the appointments has not only deprived an opportunity to the eligible candidates but has imposed financial burden on the public exchequer. 3.1. Learned advocate further submits that though the representation was made to respondent No.2 by pointing out the irregularities committed, no action has been initiated. Hence, the present petition. - 4 -
NC: 2025:KHC:14404-DB WP No. 5432 of 2025
4. Per contra, learned Additional Government Advocate Ms.Niloufer Akbar who appears on advance notice, inviting attention of this Court to series of communications produced at Annexures-B to E, submits that the representation of the petitioner is under active consideration and multiple correspondences have taken place between the inter-departmental authorities and the final decision would be taken in due course. 5. Having considered the submissions of learned advocates for the parties and perusal of writ papers, the petition encloses series of communications between inter-departmental authorities concerning the representation. The representation is dated
19.06.2024. Annexure-B dated 13.08.2024, Annexure-C dated 19.09.2024, Annexure-D dated 15.11.2024 and Annexure-E dated 08.01.2025 would clearly indicate that the representation dated 19.06.2024 is under active consideration and the competent authorities have effectively acted upon such representation. 6. In that view of the matter, the grievance of the petitioner is premature to be addressed by this Court. As the representation of the petitioner is under active consideration by the competent authorities, nothing further survives for consideration of this Court. - 5 -
NC: 2025:KHC:14404-DB WP No. 5432 of 2025
7. However, the authorities are hereby directed to conclude the pending proceedings to its logical conclusion, in accordance with law within two months from the date of service of this order. This Court expresses no opinion on merits of the matter.
8. The outcome of the concluded proceedings shall be communicated to the petitioner. Writ petition is disposed of accordingly. Sd/- (N. V. ANJARIA) CHIEF JUSTICE
Sd/- (K. V. ARAVIND) JUDGE
MV List No.: 1 Sl No.: 12