Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:734 WP No. 34565 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. 34565 OF 2024 (S-RES)
BETWEEN:
ANUSHREE A.S., D/O SATHISH KUMAR A.T., AGED ABOUT 27 YEARS, R/AT NO.59, TUDURU, THIRTHA HALLI TALUK, SHIMOGA DISTRICT-577 226. …PETITIONER
(BY SRI. G.M. ANANDA, ADVOCATE)
AND:
1.
STATE OF KARNATAKA, BY CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001.
2.
KARNATAKA LEGISLATIVE ASSEMBLY SECRETARIAT, VIDHANA SOUDHA, P.B.NO.5074, BENGALURU-560 001. REPRESENTED
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:734 WP No. 34565 of 2024
BY ITS SECRETARY.
3.
KARNATAKA EXAMINATION AUTHORITY, SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU-560 003. REPRESENTED BY ITS DIRECTOR.
4.
JEEVAN C.N., S/O NAGARAJU, MAJOR, NO.2, 7TH CROSS, VIDYAPEETA ROAD, KENGERI, BENGALURU-560 060.
5.
PAVITHRA. K.P., D/O PUTTARAJU.K.C, MAJOR, NO. 4/189, 7TH WARD, 2ND MAIN ROAD, SARASWATHIPURA, TURUVEKERE, TUMAKURU DISTRICT-572 227.
6.
MADHU S., S/O SHIVAMURTHY, MAJOR, AVVERA HALLI VILLAGE, DODDABHOOHALLI POST, MALAVALLI TALUK, MANDYA DISTRICT-571 463.
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NC: 2025:KHC:734 WP No. 34565 of 2024
7.
MURALIDHARA J., S/O. JAGANNATH K.N., NO.55, NEAR SAINT GASPER SCHOOL, DODDANAGAMANGALA, ELECTRONIC CITY POST, BENGALURU-560 100. …RESPONDENTS
(BY SRI. V. SHIVAREDDY, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE WP SET ASIDE THE IMPUGNED ORDER DATED 29.03.2023 IN NO.KAVISASA/AA-1/80/NENE/2022 PASSED BY THE R-2 SO FAR AS TO CONCERNED TO APPOINTMENT OF R-4 TO 7 FOR THE POST OF JUNIOR ASSISTANT, AT ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT
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NC: 2025:KHC:734 WP No. 34565 of 2024
ORAL ORDER
The petitioner, an unsuccessful candidate for the post of Junior Assistant in respondent No.2-Karnataka Legislative Assembly Secretariat, is before this Court under Article 226 of the Constitution of India, challenging the order of appointment of respondent Nos.4 to 7 under
order dated 29.03.2023 bearing No.KaViSaSa/Aa- 1/80/NeNe/2022 and for a direction to respondent No.2 to appoint the petitioner to the post of Junior Assistant.
2. Heard Sri. G.M.Ananda, learned counsel for the petitioner and Sri. V.Shivareddy, learned Additional Government Advocate for the respondents. Perused the writ petition papers.
3. The petitioner is before this Court questioning the appointment order dated 29.03.2023 (Annexure-A) appointing respondent Nos.4 to 7 to the post of Junior Assistant in respondent No.2-Secretariat. The main contention of the petitioner is that the petitioner is more meritorious and respondent Nos.4 to 7 are less
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NC: 2025:KHC:734 WP No. 34565 of 2024
meritorious. As such, the petitioner is entitled for selection and appointment as Junior Assistant in respondent No.2-Secretariat.
4. The petitioner is before this Court nearly two years from the date of order of appointment dated
29.03.2023. No explanation whatsoever is forthcoming in the writ petition as to why there was delay in approaching the Court. Respondent Nos.4 to 7 are working for nearly two years as Junior Assistants in respondent No.2- Secretariat.
5. At this length of time, it would not be appropriate for this Court to go into validity of selection and appointment of respondent Nos.4 to 7. It is for the petitioner to approach the Court immediately or within a reasonable time. In the matter of selection and appointment, short delay of even a month would be fatal. As the petitioner has slept over her right for nearly two years, I am of the opinion that the writ petition is liable to
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NC: 2025:KHC:734 WP No. 34565 of 2024
be dismissed only on the ground of delay and latches. Accordingly, writ petition stands rejected.
Sd/- (S.G.PANDIT) JUDGE
SMJ List No.: 1 Sl No.: 19