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2025 DAILYLAW 40756 (KAR)

SMT. TABASSUM NIER H I v. THE STATE OF KARNATAKA

WP/10903/2025 · 2025-10-17

Ashok S Kinagi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41564 WP No. 10903 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 10903 OF 2025 (S-RES) BETWEEN: SMT. TABASSUM NIER H I D/O MOHAMMAD IBRAHIM, AGED ABOUT 45 YEARS, MANDAKKI KERI, HONNALI, DAVANAGERE DISTRICT- 577217. …PETITIONER (BY SMT. RASHMI K., ADVOCATE FOR SRI. SUBRAMANYA BHAT M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SOCIAL WELFARE, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41564 WP No. 10903 of 2025 MS BUILDING, BENGALURU 560001. 2. KARNATAKA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, UDYOGA SOUDHA, BANGALORE-01 …RESPONDENTS (BY SRI. B.J. ESWARAPPA, AGA FOR R1 SRI. K.M. PRAKASH, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R- 2 TO CONSIDER THE REPRESENTATIONS DTD. 19.12.2020 AND 30.12.2024 PRODUCED AS ANNX-D AND E AND PASS APPROPRIATE ORDERS CONSIDERING THE CLAIM OF THE PETITIONER FOR APPOINTMENT TO THE POST OF TEACHER IN URDU LANGUAGE UNDER II B CATEGORY TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:41564 WP No. 10903 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER Petitioners filed this petition seeking for a mandamus directing respondent No.2 to consider the representations dated 19.12.2020 and 30.12.2024 vide Annexures-D and E. 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. The petitioner applied for the post of Teacher in Urdu language in Morarji Desai Residential School, in terms of employment notification dated 25.11.2017, claiming reservation under II(B) category. The petitioner appeared for the written test and she got through the same. Merit list was issued by respondent No.2 and the name of the petitioner was shown at Sl.No.59. The petitioner was intimated to appear for the process of verification of original documents, which she attended only to be informed that the income and caste certificates, which she produced, was not valid as of the last date - 4 - HC-KAR NC: 2025:KHC:41564 WP No. 10903 of 2025 specified for uploading online application i.e., 05.01.2018. Accordingly, the petitioner was issued with an endorsement dated 09.12.2020 instructing her to produce the certificate which is valid as on 05.01.2018 along with a supporting affidavit. The petitioner submitted a representation dated 19.12.2020 along with an affidavit and income and caste certificate dated 05.02.2018. Respondent No.2 has not passed any order on the representation dated 19.12.2020 submitted by the petitioner. The petitioner submitted yet another representation dated 31.12.2024 to the Chairman, Secretary and all members of respondent No.2. Respondent No.2 has not passed any order on the representations submitted on 19.12.2020 and 31.12.2024. Hence, this petition. 3. Heard the arguments of learned counsel for the petitioner and learned counsel for respondent No.2. 4. Learned counsel for the petitioner submits that, the petitioner has submitted two representations to - 5 - HC-KAR NC: 2025:KHC:41564 WP No. 10903 of 2025 respondent No.2, but respondent No.2 has not considered and passed any order on the representations submitted by the petitioner. Hence, she prays to issue a direction to respondent No.2 to consider the representations vide Annexures-D and E. 5. Per contra, learned counsel for respondent No.2 submits that, if reasonable time is granted, respondent No.2 would consider the representations vide Annexures-D and E in accordance with law. 6. In view of the submission made by learned counsel for respondent No.2, accordingly, I proceed to pass the following: ORDER i. The writ petition is allowed-in-part; ii. Respondent No.2 is directed to consider the representations vide Annexures-D and E and pass an appropriate order in accordance with - 6 - HC-KAR NC: 2025:KHC:41564 WP No. 10903 of 2025 law, within eight weeks from the date of receipt of a copy of this order. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 47