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2025 DAILYLAW 40206 (KAR)

SRI HARISH KUMAR M A v. KARNATAKA LEGISLATIVE ASSEMBLY SECRETARIAT

WP/27915/2018 · 2025-09-25

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38913 WP No. 27915 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 27915 OF 2018 (S-RES) BETWEEN: SRI. HARISH KUMAR M.A., S/O. M.ANANDA BHAIRAVI, NO.357, NORTH EAST OF N.R.MOHALLA, MYSORE – 570007. …PETITIONER (BY SRI. D.L.JAGADISH, SENIOR ADVOCATE FOR SRI. CHETHAN S.N., ADVOCATE) AND: 1. KARNATAKA LEGISLATIVE ASSEMBLY SECRETARIAT, REPRESENTED BY ITS SECRETARY, P.B.NO.5074, VIDHANA SOUDHA, BENGALURU-560001. 2. THE DEPUTY SECRETARY, KARNATAKA LEGISLATIVE ASSEMBLY SECRETARIAT, VIDHANA SOUDHA, BENGALURU-560001. 3. SMT. VIJAYALAKSHMI B., W/O. NOT KNOW TO PETITIONER, MAJOR, RESIDING AT NO.4/10, II FLOOR, 7TH CROSS, A BLOCK, SUBRAHMANYA NAGAR, MILK COLONY, BENGALURU-560055. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38913 WP No. 27915 of 2018 4. SRI. MANJUNATH C. MURGODA, S/O. NOT KNOWN TO PETITIONER, MAJOR, RESIDENT OF MEDARA ONI GURUVARA PET, CHA KITTOR, KITTUR TALUK, BALAGAVI DISTRICT-531115. 5. SRI. SANTHOSH BALLOOR, S/O. NOT KNOWN TO PETITIONER, MAJOR, RESIDENT OF YALLAPURA, TARFI, MEDLERI, MEDLERI POST, RANIBENNUR TALUK, HAVERI DISTRICT. 6. SMT. AKSHAYA NIDHI R., D/O. NOT KNOWN TO PETITIONER, MAJOR, NO.40, II FLOOR, 1ST CROSS, MSH LAYOUT, ANAND NAGAR, R.T.NAGAR, BENGALURU-560024. 7. SRI. SURESH T., S/O. NOT KNOWN TO PETITIONER, MAJOR, RESIDING AT NO.45, HEGGANAHALLI VILLAGE AND POST, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110. 8. SMT. CHETHANA POOJAR, W/O, NOT KNOWN TO PETITIONER, MAJOR, RESIDENT OF MULGUNDA NAKA ROAD, GOVERNMENT URDU SCHOOL BACK SIDE, GADAG. 9. SMT. RADHA W/O. NOT KNOWN TO PETITIONER, MAJOR, RESIDENT OF YADERI, GADDE VILLAGE, TAGGARSE POST, BYNDOOR HOBLI, KUNDAPURA TALUK, UDUPI DISTRICT-576214. 10. SMT. KAVYASHREE P., W/O NOT KNOWN TO PETITIONER, - 3 - HC-KAR NC: 2025:KHC:38913 WP No. 27915 of 2018 MAJOR, RESIDING AT NO.99, 15TH MAIN ROAD, KALIDASA BADAVANE, SRINAGAR, BENGALURU-560050. 11. SMT. PALLAVI S., W/O. NOT KNOWN TO PETITIONER, MAJOR, RESIDENT OF IRAGAMPALLI VILLAGE AND POST, CHINTHAMANI TALUK, CHIKKABALLAPURA DISTRICT. 12. SRI. SAMEEULLA S/O. NOT KNOWN TO PETITIONER, MAJOR, RESIDENT OF BEGAUM MOHALLA, M.G.ROAD, SHIRA, TUMKURU DISTRICT-572137. 13. SRI. NAGARAJA BANAKARA S/O. NOT KNOWN TO PETITIONER, MAJOR, RESIDENT OF BASANAGUDI NAGARA, DEVARAGUDDA ROAD, RANEBENNURU-581115. 14. SRI. NAMITH P.S.N.KRUPA, S/O. NOT KNOWN TO PETITIONER, MAJOR, RESIDENT OF BACK SIDE OF BDO OFFICE, NEAR T.B.CHALLAKERE. 15. SMT. BEENA H.M., W/O. NOT KNOWN TO PETITIONER, MAJOR, RESIDING AT NO.151, J.C.BADAVANE, 9TH CROSS, 3RD MAIN ROAD, HARIHARA, DAVANAGERE DISTRICT-577601. 16. SRI. PAVAN KUMAR L., S/O. NOT KNOWN TO PETITIONER, AGED ABOUT 27 YEARS, RESIDING AT NO.27/1, I MAIN ROAD, SWATHANTHRA NAGARA, SRIRAMAPURAM, BENGALURU-560021. - 4 - HC-KAR NC: 2025:KHC:38913 WP No. 27915 of 2018 17. SRI JANARDHANA A.H., S/O NOT KNOWN TO PETITIONER, MAJOR, RESIDING AT NO.3/4454, 3RD CROSS, MUNESHWARA BLOCK, PARVATHI NAGAR, LAGGERE, PEENYA POST, BENGALURU-560058. …RESPONDENTS (BY SRI. S.A.AHAMED, AAG A/W SRI B.J.ESWARAPPA AGA FOR R1 AND R2: R3 TO R5, R7 TO R17-SERVED: R6 – DELETED V/O DATED 02.06.2023) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO- DECLARE THE ENTIRE SELECTION PROCESS TO THE POST OF JUNIOR ASSISTANT AS PER THE NOTIFICATION VIDE ANNEXURE-C DATED 24.11.2017 ISSUED BY THE R-1 AS IN VIOLATION OF THE LEGALLY ACCEPTED RULES OF RECRUITMENT, TAINTED WITH MALAFIDES AND WITH MALICE APART FROM BEING ARBITRARY, ILLEGAL AND VOID. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, seeking the following reliefs: i) Declare the entire selection process to the post of Junior Assistant as per the Notification bearing No. KaViSaSa/Ah-1/67/Vi.Hu.Ne.Ne.Bh/2017 as per ANNEXURE - C dated 24.11.2017 issued by 1st - 5 - HC-KAR NC: 2025:KHC:38913 WP No. 27915 of 2018 Respondent as in violation of the legally accepted Rules of Recruitment, tainted with malafides and with malice apart from being arbitrary, illegal and void. (ii) Issue directions to the Respondents to consider the application of the Petitioner for selection and appointment to the post of Junior Assistant in the Respondent Karnataka Legislative Assembly in the Pay Scale of Rs.11900 to 21000 as indicated in Item No.7 of the Notification dated 24.11.2017 as per Annexure "C" either in SC or General Merit category as the case may be and issue orders of appointment to the Petitioner with all consequential monetary benefits flowing there from. (iii) Issue appropriate order or directions as the case may be so as to initiate enquiry against the Respondents in respect of all the posts called for therein and to submit a report to this Hon'ble Court so as to justify the process of selection to various posts to be in conformity with the Rules and to pass appropriate suitable orders, in the interests of justice (iv) Issue directions to the Respondents to submit copies of the merit list, provisional list calling for objections and final list prepared in respect of the post of Junior Assistants at Item No.7 in the - 6 - HC-KAR NC: 2025:KHC:38913 WP No. 27915 of 2018 notification impugned bearing No.KaViSaSa/Ah- 1/67/Vi.Hu.Ne.Ne.Bh/2017 dated 24.11.2017 as per ANNEXURE-C published by the 1st Respondent to this Hon'ble High Court. (v) Declare and set aside the selection of Respondents No.3 to 16 as Junior Assistant vide Official Memorandum dated 28/02/2018 bearing No. Kavisasa/Aa-1/15/Ki.Sa.Hu.Ne/2018 vide ANNEXURE "J" and Official Memorandum dated 21/07/2018 appointing Respondent No.17 as Junior Assistant, issued by Respondents No.1 and 2 bearing No. Kavisasa/Aa-1/15/Ki.Sa.Hu.Ne/2018 vide ANNEXURE "K". (vi) Issue any other incidental and consequential reliefs as deemed fit, in the facts and circumstances of the case, and in aid of the main relief sought for, in the interest of justice and equity.” 2. The case of the petitioner is that the petitioner is an applicant pursuant to the notification issued by the respondents for selection to the post of Junior Assistant. 3. The further case of the petitioner is that the petitioner has secured 55.80% in the B.Com. degree. The - 7 - HC-KAR NC: 2025:KHC:38913 WP No. 27915 of 2018 cut-off marks for appointment to the post of Junior Assistant is 60%. However, the second respondent has issued interview letters to candidates who have secured less than 60%. The petitioner, having not been called for the interview, being aggrieved by the same, has approached this Court, challenging the entire selection process. 4. During the pendency of the writ petition, the petitioner filed a memo enclosing the representation submitted by the petitioner dated 27.06.2023, along with the order passed by this Court in W.P. No. 49125/2013 and connected matters. 5. The learned Senior Counsel appearing for the petitioner submitted that the petitioner does not press the prayer sought in this writ petition and requests that this Court may direct the respondent Nos.1 and 2 to consider the representation submitted by the petitioner dated 27.06.2023. - 8 - HC-KAR NC: 2025:KHC:38913 WP No. 27915 of 2018 6. The learned Additional Advocate General submits that the representation submitted by the petitioner will be considered in accordance with law. 7. In view of the above, and without expressing any opinion on the merits of the case, the respondent Nos.1 and 2 are directed to consider the representation submitted by the petitioner dated 27.06.2023 in accordance with law, as expeditiously as possible, and in any event not later than three months from the date of receipt of a copy of this order. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 43