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2025 DAILYLAW 35140 (KAR)

SRI YALLAING KOUTAGE v. THE KARNATAKA PUBLIC SERVICES COMMISSION

WP/30420/2024 · 2025-01-20

S G Pandit

body2025

Judgment text

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- 1 - NC: 2025:KHC:2125 WP No. 30420 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 30420 OF 2024 (S-RES) BETWEEN: 1. SRI. YALLAING KOUTAGE, AGED ABOUT 27 YEARS, S/O PANDARO KOUTAGE, R/O NO.21, WALLEPUR NEAR BASAVANA TEMPLE, POST JAMAGI, SANTAPUR HOBLI, AURAD TQ, BIDAR-585 421. 2. SRI. ANAND AGED ABOUT 24 YEARS, S/O SHIVAPPA, R/O HILALPUR TQ, HUMANABAD DISTRICT, BIDAR-585 414 …PETITIONERS (BY SRI. BASAWA PRASAD KUNALE, ADVOCATE) AND: 1. THE KARNATAKA PUBLIC SERVICES COMMISSION REPRESENTED BY ITS PRESIDENT UDYOG SOUDA, DEVARAJ DEVARAJ URS ROAD, AMBEDKAR VEEDHI, BENGALURU, KARNATAKA 560 001. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2125 WP No. 30420 of 2024 2. DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, REPRESENTED BY ITS CHIEF SECRETARY, MS BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 3. STATE OF KARNATAKA CHIEF SECRETARY, VIDHAN SOUDHA, BENGALURU-560 001. 4. RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, PRINCIPAL SECRETARY, M.S. BUILDING, BENGALURU- 560 001 …RESPONDENTS (BY SMT. M.R. SINCHANA, ADVOCATE FOR R1; SRI. V. SHIVA REDDY, AGA FOR R2 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE NOTIFICATION E(2) 598/2023-24/PCS DATED. 15.03.2024 ISSUED BY THE R-1 FOR VIOLATION OF ARTICLE 14 AND ARTICLE 21 OF THE CONSTITUTION ANNEXURE - C AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:2125 WP No. 30420 of 2024 ORAL ORDER Heard Sri. Basawa Prasad Kunale, learned counsel for the petitioners and Smt.M.R.Sinchana, learned counsel for respondent No.1 as well as Sri. V.Shiva Reddy, learned Additional Government Advocate for respondent Nos.2 to 4. Perused the writ petition papers. 2. Petitioners are questioning Annexure-C, Notification dated 15.03.2024 issued by respondent No.1 calling application to fill up the post of Panchayat Development Officer in the 4th respondent-Department. The Panchayat Development Officer is a civil post under the State Government. The recruitment and service condition is a matter, which falls under the jurisdiction of the Administrative Tribunal established under the provisions of the Administrative Tribunals Act, 1985 (for short '1985 Act'). 3. The petitioners are provided with alternative/special Forum for redressal of their grievance, it is for them to approach alternative Forum provided under the statute. Therefore, I decline to entertain the writ petition under Article 226 of the Constitution of India. Accordingly, writ petition - 4 - NC: 2025:KHC:2125 WP No. 30420 of 2024 stands disposed of with liberty to the petitioners to approach the Forum created under the 1985 Act. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 32