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2025 DAILYLAW 34157 (KAR)

SRI. SUNEEL KUMARA M. S. v. STATE OF KARNATAKA

WP/28157/2024 · 2025-02-18

S G Pandit

body2025

Judgment text

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- 1 - NC: 2025:KHC:7275 WP No. 28157 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 28157 OF 2024 (S-RES) BETWEEN: 1. SRI. SUNEEL KUMARA M. S. AGED ABOUT 41 YEARS, S/O SRINIVAS M.B., KANNADA AND SOCIAL TEACHER , MORARJI DESAI RESIDENTIAL SCHOOL, K.R. PET TOWN, CHANNARAYAPATNA MAIN ROAD, K.R. PET, MANDYA 571426 R/A MADUVINKUDI VILLAGE, HARIHARAPURA, MYSORE MAIN ROAD, K.R PET, MANDYA-571605 …PETITIONER (BY SRI.SHARANDEEP, ADV., FOR SRI.RAVIKUMARA.B.R.,ADV) AND: 1. STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF SOCIAL WELFARE, VIKAS SOUDHA, BENGALURU 560001 2. THE KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, REPRESENTED BY ITS EXECUTIVE DIRECTOR, BUILDING 7 CUNNINGHAM ROAD CHANDRIKA HOTEL SIDE, BENGALURU-560052 (IT IS REGISTERED UNDER COOPERATIVE SOCIETY ACT 1956) …RESPONDENTS (BY SRI.V.SHIVAREDDY., AGA FOR R1; R2- NOTICE NOT ORDERED) Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7275 WP No. 28157 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION LETTER DATED 08.07.2024 (VIDE ANNEXURE-L) AND TO GRANT SERVICE WEIGHTAGE FOR THE PERIOD FROM 01.06.2007 TO 10.04.2011 (I.E., FOR A DURATION OF 4 YEARS) AS A TEACHER INCLUDING THE AWARD OF COSTS OF THIS WP. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Heard learned counsel Sri.Sharandeep, for Sri.Ravikumara.B.R., learned counsel for petitioner and learned Additional Government Advocate Sri.V.Shivareddy for respondent No.1. No notice ordered to second respondent. 2. The petitioner is before this Court praying for the following relief: “(a) Issue a writ of mandamus or any other appropriate writ or direction to direct the respondents to consider the representation letter dated 08.07.2024 (vide Annexure-L1) and to grant service weightage for the period from 01.06.2007 to 10.04.2011 (i.e., for a duration of 4 years) as a teacher.” - 3 - NC: 2025:KHC:7275 WP No. 28157 of 2024 3. Learned counsel for the petitioner would submit that the petitioner worked in second respondent-Society, in its Educational Institution as Subject Teacher, Warden as well as Principal from 2007 to 2011. Earlier the petitioner had approached this Court questioning the selection list which was taken up to Hon'ble Apex Court wherein it was directed to provide service weightage to the petitioner and the persons like the petitioner in the recruitment. It is the case of the petitioner that without providing service weightage, case of the petitioner is rejected for selection and appointment as Principal of the Educational Institution run by second respondent. In that regard, petitioner said to have submitted representations to the respondent Nos.1 and 2 as at Annexures-L1 and L2, both dated 08.07.2024 requesting to consider his case for appointment as Principal or Social Science or Kannada Language Teacher. It is submitted that the respondent No.2 has not taken any action on the said representation - 4 - NC: 2025:KHC:7275 WP No. 28157 of 2024 as such, the petitioner is before this Court in this writ petition. 4. Having heard the learned counsel for the petitioner and on perusal of the entire writ petition papers, I am of the view that writ petition suffers from delay and laches. 5. The petitioner who claims to be working as Subject Teacher, Warden and Principal of the Educational Institution run by second respondent and his case for selection as Principal or Subject Teacher or Language Teacher was rejected without providing service weightage and selection list was published on 08.07.2014. The petitioner submitted representation only in the year 2024 requesting the second respondent to award weightage and consideration of his case for selection. The selection has taken place more than 10 years back and the petitioner submitted representation only in the year 2024. The petitioner is not diligent in prosecuting the case and in the matter of appointment shortest delay would disentitle - 5 - NC: 2025:KHC:7275 WP No. 28157 of 2024 relief from the Court. Moreover, the petitioner has not made any selected person as party to the petition. At this length of time, it would not be appropriate for this Court to direct consideration of representations of the petitioner for selection and appointment, which is completed in the year 2014-15. 6. Only on the ground of delay and laches, writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE NC List No.: 1 Sl No.: 38