- 1 - NC: 2025:KHC:733 WP No. 33156 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 33156 OF 2024 (S-RES) BETWEEN: SMT. LEELAVATHI, AGED ABOUT 57 YEARS, W/O THIMMARAJU K.B., R/AT BALAJI NIVAS (SIDDHI-BUDDHI) 2ND CROSS, SOOPA ROAD, BEHIND SAPTHAGIRI COLLEGE, TUMKURU - 571 102. …PETITIONER (BY SMT. TARJANI DESAI, ADVOCATE) AND: THE STATE OF KARNATAKA REPT. BY THE PRINCIPAL SECRETARY TO GOVT. DEPARTMENT OF PERSONAL AND ADMINISTRATIVE REFORMS, VIKAS SOUDHA, BANGALORE 560 001 …RESPONDENT (BY SRI. NAVEEN CHANDRASHEKHAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION BEARING NO. DPAR/102/SC/2023 - DPAR.SE.1998 GIVEN BY THE PETITIONER DATED 10/07/2023 AND TAKE APPROPRIATE ACTION TOWARDS THE SAME. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:733 WP No. 33156 of 2024 CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Heard Smt.Tarjani Desai, learned counsel for the petitioner and Sri. Naveen Chandrashekhar, learned Additional Government Advocate for the respondent-State. 2. The petitioner, an unsuccessful aspirant for the post of Gazetted Probationers Group-A and B is before this Court under Article 226 of the Constitution of India, praying for a writ of mandamus directing the respondent to consider the representation dated 10.07.2023 (Annexure-F) and direct to take appropriate action towards the said representation. 3. A perusal of the representation would indicate that the petitioner has prayed the following in her representation: "1. Wherefore, with the above enumerated injustice & outraging of modesty to a dalit women from 23 years, I invoke your keen sense of compassion of natural and social justice for supernumerary post consideration for appropriate Gazetted Probationer Group 'A' post and damages and compensation as per 2006 appointment as Asst. Commissioner as per orders of Hon'ble KAT dt. 23.3.2017, upheld by Hon'ble High Court of Karnataka dt. 08.08.2018 for moulding relief in appropriate manner at appropriate time when wrong appointments- saving - 3 - NC: 2025:KHC:733 WP No. 33156 of 2024 power of Hon'ble High court & Hon'ble Supreme Court of India, irregular appointments challenged-keeping appointments undisturbed subject to the condition. The constitution of India Art 14, 16, 17, 21, 335. The claims of Scheduled Caste and Scheduled Tribes to services and posts shall be taken into consideration. This duty is to be exercised in keeping with directive principles laid down in Article 46 to promote with special care, the Educational, Economic interests of SC/STs and to protect them from Social injustice and all forms of exploitation, various Government instructions issued under mandate that SC/STs should be treated with sympathy, understanding and helpful concern. But I am discriminated with much more and many irregularities by KPSC and the Government. 2. Humble request to consider the order's passed by Hon'ble High Court of Karnataka in-State of Karnataka V/s Hidayathulla K in W. P. No.14084/2020, dated 22.04.2022. The respondent state is directed to create supernumerary post of Assistant Commissioner, Revenue Department, KAS-Group 'A' (Junior Scale) from the earliest point available in recruitment notification and grant all notional benefits including the seniority from the date of such appointment. Hence, I invoke your keen sense of compassion and justice immediately and see that injustice done is undone, otherwise the fountain of justice will fail and I will suffer substantial injustice beyond redemption." - 4 - NC: 2025:KHC:733 WP No. 33156 of 2024 4. In sum and substance, the petitioner has prayed to create a supernumerary post of Gazetted Probationer Group-A and has sought damages and compensation as per 2006 appointment as Assistant Commissioner as per the order dated 23.03.2017 passed by the Karnataka Administrative Tribunal. The petitioner is seeking similar treatment in terms of order dated 22.04.2022 in W.P.No.14084/2020 between State of Karnataka vs. Hidayathulla K. 5. The subject matter relates to recruitment to a civil post in the State Government. Recruitment to Civil Post in the State would fall within the jurisdiction of Karnataka Administrative Tribunal created under the Administrative Tribunals Act, 1985 (for short '1985 Act'). 6. Moreover, for seeking mandamus, a person who comes before the Court shall have to establish his/her right to seek such mandamus. Be that as it may, since the grievance of the petitioner relates to civil post in the State Government of Karnataka, the petitioner shall have to approach appropriate Forum created under the 1985 Act. Since the petitioner is provided with an alternative Forum, I decline to entertain the - 5 - NC: 2025:KHC:733 WP No. 33156 of 2024 writ petition under Article 226 of the Constitution of India. Accordingly, with liberty to the petitioner to approach appropriate Forum, writ petition stands disposed off. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 14