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2025 DAILYLAW 44525 (KAR)

SRI RAJESH S/O CHARANTAYYA PATIL v. THE STATE OF KARNATAKA

WP/104820/2022 · 2025-03-11

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4585 WP No. 104820 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 104820 OF 2022 (GM-R/C) BETWEEN: SRI. RAJESH S/O CHARANTAYYA PATIL, AGE: 30 YEARS, OCC: UNEMPLOYED, R/O. KURUVINAKOPPA, TQ. SOUNDATTI, DIST. BELAGAVI, PIN: 591 173. …PETITIONER (BY SRI. ANAND.D.BAGEWADI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF, M.S.BUILDING, BENGALURU-01. 2. THE COMMISSIONER, HINDU RELIGIOUS AND ENDOWMENT DEPARTMENT, 4TH FLOOR, MENTO ANJANAYA BHAVAN, A.V.ROAD, CHAMARAJ PETH, BENGALURU-560 018. 3. THE CHAIRMAN, SRI. RENUKA YALLAMMA DEVASTAN, YALLAMMANGUDD, TALUK: SOUNDATTI, DIST. BELAGAVI, PIN 591 173. 4. THE CHIEF EXECUTIVE OFFICER, SRI. RENUKA YALLAMMA DEVASTAN, YALLAMANAGUDD, TALUK: SOUNDATTI, DIST. BELAGAVI, PIN 591 173. …RESPONDENTS (BY SRI. PRAVEEN.K.UPPAR., AGA FOR R1 & R2; Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4585 WP No. 104820 of 2022 SRI. SUNIL.S.DESAI., ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Anand D.Bagewadi., counsel for the petitioner, Sri.Praveen K.Uppar., AGA for respondents 1 and 2 and Sri.Sunil S.Desai., counsel for respondents 3 and 4 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the endorsement dated 10.03.2022 issued by respondent No.4 vide Annexure-J and to issue a Writ of Mandamus directing respondents 3 and 4 to appoint the petitioner to the post of Security Supervisor or other vacant post like wise on regular bases or out source basis. 3. The short facts are these: The petitioner contends that he is a permanent resident of Kuravinakoppa village, Soundatti Taluk, Belagavi Distrist, - 3 - NC: 2025:KHC-D:4585 WP No. 104820 of 2022 and hails from economically poor family. He contends that he has completed his Bachelor of Arts degree. The petitioner has stated that Renuka Yellamma Temple Yellammagudda is a famous temple in Karnataka and is a notified temple. He contends that as per Annexure-E issued by the competent authority there are few posts that are kept vacant and not filled up so far. Item No.6 of Annexure (Annexure-E) relates to the post of Security Supervisor and are kept vacant. The petitioner’s grievance is that the third respondent has not taken steps to fill up the vacant posts and not taken steps to appoint him as recommended in Annexure-F. The petitioner preferred the writ petition before this Court in W.P.No.100619/2022. However, the petition was dismissed as withdrawn on 15.03.2022. The petitioner contends that during the pendency of this Writ Petition (W.P.No.100619/2022), the third respondent issued an endorsement on 10.03.2022. Under these circumstances, he has filed the present writ petition. 4. Counsel for the respective parties urged several contentions. - 4 - NC: 2025:KHC-D:4585 WP No. 104820 of 2022 5. Counsel for the petitioner in presenting his arguments submits that the petitioner is a suitable candidate and has a requisite educational qualification to be appointed as Security Supervisor. He argued by saying that the third respondent has not taken any steps for his appointment. 6. By way of reply to this contention, counsel for respondents 3 and 4 submits that the petitioner cannot seek appoint as a matter of right. Hence, he submits that an appropriate order may be passed. 7. Heard the arguments and perused the Writ papers with care. 8. The grievance of the petitioner is that, certain posts are vacant in the temple and he is a suitable candidate for the post of Security Supervisor. Hence, as the matter of right, he seeks a direction from this Court to direct respondent No.3 to appoint him to the post of Security Supervisor. In my view, such a direction cannot be issued. Needless to say, the petitioner cannot seek appoint as a matter of right. It is in the domain of respondent No.3 to fill up the post as and when it is required as per Rule 12 of the Karnataka Hindu Religious - 5 - NC: 2025:KHC-D:4585 WP No. 104820 of 2022 Institutions and Charitable Endowments Rules, 2002. The Writ Petition is devoid of merits and the same is rejected. Sd/- (JYOTI MULIMANI) JUDGE RH List No.: 1 Sl No.: 71