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2025 DAILYLAW 24419 (KAR)

MANIKANTA M v. UNION PUBLIC SERVICE COMMISSION

WP/13770/2025 · 2025-06-25

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22122 WP No. 13770 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13770 OF 2025 (S-RES) BETWEEN: MANIKANTA M S/O DODDAMUNIYAPPA AGED ABOUT 28 YEARS R/O YALAGONDANAHALLI MULABAGILU, KOLAR 563127. …PETITIONER (BY SRI. AHAAN MOHAN., ADVOCATE) AND: 1. UNION PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY DHOLPUR HOUSE SHAHAJAN ROAD NEW DELHI 110069. 2. UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISES (MSME) GOVERNMENT OF INDIA UDYOG BHAWAN NEW DELHI-110011 …RESPONDENTS (BY SRI. B PRAMOD, CGC FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ACTION OF THE RESPONDENTS IN Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22122 WP No. 13770 of 2025 REJECTING THE PETITIONERS CANDIDATURE FOR THE POST OF ASSISTANT DIRECTOR GRADE-II (IEDS) (FOOD) IN OFFICE OF THE DEVELOPMENT COMMISSIONER (MSME), MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES IN ADVERTISEMENT NO. 10/2024 AND VACANCY NO. 24051023625 (ANNEXURE B) DATED MAY 2024, ON THE GROUND OF ALLEGED DEFICIENCY IN EDUCATIONAL QUALIFICATIONS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. At the outset, learned CGC raised a preliminary objection regarding maintainability of the writ petition on the ground that the petitioner is a Civil Servant and he has to approach the Central Administrative Tribunal. 2. The grievance in respect of the ‘service matters’ cannot be a subject matter of adjudication at the hands of a writ Court, as the court of first instance, in the light of the decision of the Apex Court in the case - 3 - HC-KAR NC: 2025:KHC:22122 WP No. 13770 of 2025 of L.Chandra Kumar vs. Union of India and others reported in 1997(2) SCR 1186. 3. In view of the above, the writ petition is disposed of, reserving liberty for the petitioner to approach the appropriate legal forum. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 1