Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:735 WP No. 34890 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. 34890 OF 2024 (S-RES) BETWEEN:
SRI. S.R. THULASI DAS S/O SRI SATHANUR SHANTHAPPA, AGED ABOUT 59 YEARS, R/AT NO.675, 6TH MAIN, 60 FEET ROAD, BEML LAYOUT, RAJARAJESHWARI NAGAR, BENGALURU-560098. …PETITIONER (BY SRI. ASHIKA GURUMATH, ADV.)
AND:
1.
THE UNION OF INDIA REP. BY ITS SECRETARY TO THE DEPARTMENT OF HEALTH AND FAMILY WELFARE, NIRMAN BHAWAN, NEW DELHI- 110011.
2.
NATIONAL INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES (NIMHANS) REP. BY ITS DIRECTOR, HOSUR ROAD, BANGALORE -560029.
3.
SIR HARSHA FINANCE OFFICER, NIHANS, HOSUR ROAD, MARIGOWDA ROAD, LAKKASANDRA, WILSON GARDEN, BANGALORE- 566027.
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:735 WP No. 34890 of 2024
4.
SRI MAHEBOOB SAB DEPUTY SECRETARY HOME DEPARTMENT, VIKAS SOUDHA, BENGALURU-560020. …RESPONDENTS (BY SMT. SADHANA S DESAI, ADV. FOR R1 SRI K PRABHAKAR RAO, ADV. FOR R2 & R3 SRI PRITHVEESH M.K., ADV. FOR PROPOSED APPLICANT ON IA 1/25)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 TO INTERVIEW THE PETITIONER FOR THE POST OF REGISTRAR IN THE NATIONAL INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES (NIMHANS) BANGALORE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S.G.PANDIT
ORAL ORDER Petitioner is before this Court under Article 226 of the Constitution of India seeking for a writ of mandamus directing respondent Nos.1 and 2 to interview the petitioner for the post of Registrar in the National Institute of Mental Health & Neuro Sciences (NIMHANS), Bengaluru.
2. The NIMHANS is a notified Institution within the jurisdiction of the Central Administrative Tribunal
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NC: 2025:KHC:735 WP No. 34890 of 2024
established under the State Administrative Tribunals Act,
1985. When an alternative Form is established under a statute for redressal of the persons with regard to recruitment, employment, service conditions of employees of the NIMHANS, it would not be appropriate for this Court to entertain writ petition under Article 226 of the Constitution of India.
3.
Learned counsel for the petitioner would submit that availability of alternate remedy would not be a bar to entertain the writ petition. It is true that availability of alternate remedy is not a bar to entertain the writ petition under Article 226 of the Constitution of India. To exercise jurisdiction under Article 226 of the Constitution of India, when alternative remedy before the appropriate forum is available, a person who approaches the Court shall have to make out a strong ground as to why petitioner is bypassing alternate forum. In the instant case, no ground is made out to bypass alternate forum to approach this Court in writ petition.
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NC: 2025:KHC:735 WP No. 34890 of 2024
4. Hence, the writ petition stands disposed of with liberty to the petitioner to approach the Central Administrative Tribunal for redressal of his grievance.
In view of disposal of the writ petition, I.A for impleading would not survive for consideration.
Sd/- (S.G.PANDIT) JUDGE
NC CT:bms List No.: 1 Sl No.: 31