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2025 DAILYLAW 45174 (KAR)

SHRI LIYAKHAT ALI S/O ASHRAF ALI SHAIK v. THE STATE OF KARNATAKA

WP/100004/2023 · 2025-11-24

Geetha K B, S G Pandit

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:16183-DB WP No. 100004 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT PETITION NO. 100004 OF 2023 (S-KAT) BETWEEN: 1. SHRI LIYAKHAT ALI S/O. ASHRAF ALI SHAIK AGE. 54 YEARS, OCC. AGRICULTURE, R/O. SHIVAJI PARK, RAIBAG RURAL, DIST. BELAGAVI. 2. SHRI CHANDRAKANT S/O. ANNASAHEB AGE. 52 YEARS, OCC. COOLIE, R/O. NEAR VITTHAL MANDIR, RAIBAG, DIST. BELAGAVI. 3. SHRI KEMPANNA S/O. SIDDAPPA MADIHALLI AGE. 51 YEARS, OCC. AGRICULTURE, R/O. NAGANUR POST, GOKAK TAL., DIST. BELAGAVI. 4. SHRI SATEESH ANANTRAO KULKARNI AGE. 53 YEARS, OCC. NIL, R/O. MALADINI POST, TAL. GOKAK, DIST. BELAGAVI. 5. SHRI DHAREPPA S/O. BHEEMAPPA NAVI AGE. 52 YEARS, OCC. AGRICULTURE, R/O. NAGANUR POST, GOKAK TAL., DIST. BELAGAVI. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.27 11:14:57 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16183-DB WP No. 100004 of 2023 6. SHRI IMAM HUSSAIN S/O. HAMID SAHEB DALAWAI AGE. 59 YEARS, OCC. HELPER WORK, R/O. HOUSE NO.389/2, KOTWAL GALLI, BELAGAVI. 7. SHRI YASEEN S/O. BABU DESAI AGE. 55 YEARS, OCC. AGRICULTURE, R/O. AKK TANGERHALL, TAL. GOKAK, DIST. BELAGAVI. 8. SHRI KESHAVA RAMCHANDRA MUTALIK DESAI AGE. 50 YEARS, OCC. PRIVATE WORK, R/O. GANDHI CHOWK, MOODALAGI, DIST. BELAGAVI. 9. SHRI RAVINDRA S/O. PRABHUDEV HIREMATH AGE. 56 YEARS, OCC. AGRICULTURE, R/O. BASAWANILYA, TAL. GOKAK, DIST. BELAGAVI. 10. MISS PUSHPAVATHI PRABHUDEV HIREMATH AGE. 52 YEARS, OCC. HOSUSEWIFE, R/O. AMBIGAR GALLI, TAL. GOKAK, DIST. BELAGAVI. 11. SHRI SATERI MARUTHI KADAM AGE. 60 YEARS, OCC. AGRICULTURE, R/O. NO.10, CHAVAT GALLI, KUDREMANI, DIST. BELAGAVI. …PETITIONERS (BY SRI SANGRAM S. KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, PRIMARY EDUCATION, M.S. BUILDING, BANGALORE-560001, OFFICE NO.1, ALI ASKAR ROAD, BANGALORE. - 3 - HC-KAR NC: 2025:KHC-D:16183-DB WP No. 100004 of 2023 2. THE DIRECTOR PRIMARY AND SECONDARY EDUCATION, OFFICE OF COMMISSIONER, NRUPTUNGA ROAD, BANGALORE-560001. 3. THE COMMISSIONER PRIMARY EDUCATION DEPARTMENT, DEPT. OF PUBLIC INSTRUCTIONS, NRUPTUNGA ROAD, BANGALORE-560001. 4. THE DY. DIRECTOR PUBLIC INSTRUCTIONS EDUCATION DEPARTMENT, CLUB ROAD, BELAGAVI-590002. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 11/1/2022 IN APPLICATIONS NOS. 3080 TO 3090/2018 VIDE ANNEXURE-E PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 4 - HC-KAR NC: 2025:KHC-D:16183-DB WP No. 100004 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Heard learned counsel Sri.Sangram S.Kulkarni for petitioners and learned AGA Sri.Sharad V. Magadum for respondent Nos.1 to 4. 2. This writ petition relates to the selection and appointment of Primary School Teachers of 1997-98 Recruitment. 3. The petitioners who claim that they participated in the selection process of Primary School Teachers in the year 1997 - 1998 are before this Court, in the above writ petition questioning the Order dated 11.01.2022 in application Nos.3080-3090/2018 passed by the Karnataka State Administrative Tribunal, Belagavi. 4. Learned counsel for the petitioners Sri.Sangram S. Kulkarni would submit that, initially the petitioners were before the Tribunal in Application No.1902/2008 which was disposed of on 20.11.2009 where under Tribunal directed to prepare additional selection list of 25% and to publish additional selection list. However, it is submitted that the - 5 - HC-KAR NC: 2025:KHC-D:16183-DB WP No. 100004 of 2023 respondents failed to comply the said direction and failed to publish additional selection list which made the petitioners to approach the Tribunal again in Application Nos.3080- 3090/2018. The said applications were dismissed on 11.01.2022. Thereafter, the petitioners were issued with endorsement stating that they were not eligible for selection. 5. It may not be appropriate for this Court to go into the correctness or otherwise of the selection list of the year 1997-98 and 1998-99 at this length of time. Moreover, the Tribunal is justified in observing at paragraph Nos.13 and 14 of the impugned order that the applicants have not furnished anything about the marks secured by them and further applicants have not urged any ground for inclusion of their names in the additional selection list. In the absence of any particulars with regard to where the petitioners would be fit into and whether they were more meritorious than the last selected candidate, the Tribunal is right in rejecting the application. - 6 - HC-KAR NC: 2025:KHC-D:16183-DB WP No. 100004 of 2023 6. We do not find any merit and after more than 25 years from the date of publication of selection list and in the absence of selected candidates as parties to the above proceedings, it is inappropriate for this Court to interfere with the impugned order. Accordingly, writ petition is dismissed. Pending applications if any, are disposed of. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE HMB Ct-cmu LIST NO.: 1 SL NO.: 24