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2025 DAILYLAW 49246 (KAR)

RENU PRASAD v. THE STATE OF KARNATAKA

WP/214/2023 · 2025-09-16

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36828 WP No.214 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.214 OF 2023 (S-RES) BETWEEN: RENU PRASAD S/O LATE SRIDHAR S AGED ABOUT 24 YEARS R/AT 8TH CROSS, JAYANAGAR KOLAR TOWN-563 102. …PETITIONER (BY SMT. DEEPIKA JOSHI, ADV., FOR SRI. SANDEEP LAHIRI, ADV.,) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION BANGALORE-560 001. 2. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS NEW PUBLIC OFFICE, NEAR RBI NRUPATHUNGA ROAD AMBEDKAR VEEDHI SAMPANGI RAMA NAGARA BENGALURU-560 001. 3. THE DEPUTY DIRECTOR OF ADMINISTRATION DEPARTMENT OF PUBLIC INSTRUCTION GOVERNMENT BOYS COLLEGE Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36828 WP No.214 of 2023 FORT AREA, KOLAR DISTRICT KOLAR-563 101. 4. THE FIELD EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTION GOVERNMENT BOYS COLLEGE FORT AREA, KOLAR TALUK KOLAR-563 101. …RESPONDENTS (BY SRI. B.J. ESWARAPPA, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE ENDORSEMENT DATED 27.01.2022 BEARING NO. SIBBANDI4/1880/ANU.AA.NE1/2017-18/526 DTD 01.02.2022 ISSUED BY THE R4 VIDE ANNEXURE- A. QUASH THE COMMUNICATION DATED 23.11.2021 BEARING EP 168 STB 2021 VIDE ANNEXURE- B ISSUED BY R1 TO THE R2 HOLDING THAT THE PETITIONER IS NOT ELIGIBLE FOR COMPASSIONATE APPOINTMENT & ETC. THIS 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 1. At the outset, learned AGA raised a preliminary objection regarding maintainability of the writ petition on the ground that the petitioner’s father was working as an Associate Teacher in the Government Lower Primary School. Since he holds a civil - 3 - HC-KAR NC: 2025:KHC:36828 WP No.214 of 2023 post, the petitioner is required to approach the Karnataka State Administrative Tribunal (KSAT). 2. The grievance in respect of the ‘service matters’ cannot be a subject matter of adjudication at the hands of a writ Court, as the court of first instance, in the light of the decision of the Apex Court in the case of L.Chandra Kumar vs. Union of India and others reported in 1997(2) SCR 1186. 3. In view of the above, the writ petition is disposed of, reserving liberty for the petitioner to approach the appropriate legal forum. 4. If the petitioner approaches the forum within two weeks from the date of receipt of a copy of this order, the time spent before this Court shall be excluded while considering the application for condonation of delay. 5. The office is directed to return the certified copies of annexures to the petitioner after retaining the xerox copy. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 43 CT:MS