Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 36433 (KAR)

MR SAYED ASIFULLA v. STATE OF KARNATAKA

WP/35298/2024 · 2025-02-19

K S Hemalekha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:7490 WP No. 35298 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 35298 OF 2024 (EDN-RES) BETWEEN: MR. SAYED ASIFULLA, S/O SAYED KHADER BASHA KADRI, AGED 43 YEARS, RESIDNG AT FAIZ E AAM COLONY, BEHIND ZILLA PANCHAYAT OFFICER, VIJAYAPURA, KARNATAKA - 586 109. …PETITIONER (BY SRI. NAVEED AHMED, ADVOCATE FOR SRI. MANJUNATH R.P, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION, VIDHANA SOUDHA, BANGALORE - 560 001. 2. CHIEF ADMINISTRATOR OF COLLEGIATE EDUCATION, DEPARTMENT OF EDUCATION, SESHADRI ROAD, BANGALORE - 560 001. 3. ANJUMAN-E-ISLAM REPRESENTED BY ITS PRESIDENT, M.G. ROAD, BIJAPUR, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7490 WP No. 35298 of 2024 OPP HEAD POST OFFICE, BIJAPUR - 586 101. …RESPONDENTS (BY SMT. MAMATHA SHETTY, AGA FO R1 AND R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO A. QUASHING THE COMMUNICATION BEARING NO.KESHIE/161/DURU/2019- 20/DAVE/NIVI-2 DATED 26.11.2024 PASSED BY RESPONDENT NO.2 FOUND AT ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner is seeking for the following reliefs: (i) Issue a writ of certiorari quashing the communication bearing KeShiE/161/Duru/2019- 20/Dave/Nivi-2 dated 26.11.2024 passed by respondent No.2 found at Annexure-A. (ii) To grant such other relief/s which this Hon’ble Court deems fit to grant under the circumstance of the case including awarding of cost in the ends of justice. 2. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for - 3 - NC: 2025:KHC:7490 WP No. 35298 of 2024 respondent Nos.1 and 2 and perused the material on record. 3. The petitioner submitted a representation / complaint to withdraw the permission given to the respondent No.3 - institution, stating that respondent No.3 has misrepresented by submitting false documents to the respondent No.2 and obtained minority status. By the impugned communication, it is intimated that the three member committee constituted at the departmental level personally visited the institution and have verified the documents, and found it to be correct and the complaint submitted by the petitioner was outrightly rejected. 4. The petitioner contends that false documents were submitted to obtain minority status and seeks for suspension of the recruitment process. It is a settled principle of law that a person invoking the writ jurisdiction must establish that he is an aggrieved person whose legal rights are affected by the impugned action. In the instant case, the petitioner has not demonstrated any direct - 4 - NC: 2025:KHC:7490 WP No. 35298 of 2024 impact on his rights. He is neither an applicant for recruitment nor a directly affected party. Mere allegations of procedural irregularities without substantial proof or personal injury or direct legal infringement, do not confer locus standi. Further, the competent authority has already constituted a three-member committee to verify the documents and found no irregularities. The petitioner has not placed any cogent material before this court to rebut the same. For the forgoing reasons, this court is not inclined to entertain the writ petition and this court pass the following: O R D E R The writ petition is dismissed as devoid of merits. Sd/- _______________________ JUSTICE K.S. HEMALEKHA SS List No.: 1 Sl No.: 17 CT: BHK