SANTOSH S/O PUNDALIK RENAKE v. THE STATE OF KARNATAKA
WP/103665/2024 · 2025-02-17
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5164 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5164 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:3147 WP No. 103665 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.103665 OF 2024 (S-RES) BETWEEN:
1. SANTOSH S/O PUNDALIK RENAKE AGE. 41 YEARS, OCC. EX-SERVICEMAN, R/O.#324 GOUTHAMONI MADANABHAVI, TQ. DIST. DHARWAD-581105. 2. MANTAPPA S/O SURESH AGE. 40 YEARS, OCC. EX-SERVICEMAN, R/O.#1410 VTC SIRUR PO: SHIRUR, TQ.DIST. BAGALKOT-587120. 3. RAVASAHEB S/O RUDRAGOUDA PATIL AGE. 46 YEARS, OCC. EX-SERVICEMAN, R/O H.NO- 326, MALLIKARJUN TEMPPLE HARAGAPUR, TQ. HUKKERI, DIST. BELAGAVI-591313. 4. NAMDEV S/O SHANKAR SINDHE AGE. 46 YEARS, OCC. EX-SERVICEMAN, R/O VTC HULAGABALI, PO HULAGABALI, SUB DISTRICT. ATHANI DIST. BELAGAVI-591304. 5. AJAYKUMAR A.R.
AGE. 48 YEARS, OCC. EX-SERVICEMAN, R/O. AMMANAGATTA VILLAGE, TQ. GUBBI, DIST. TUMKUR-572216. 6. LAXMAN S/O BABU SHELAR AGE. 43 YEARS, OCC. EX-SERVICEMAN, R/O. MASOTIGALLI JALALPUR, TQ. RAYBAG, DIST. BELAGAVI-531317. 7. MARUTI S/O RAMAPPA VADDAR AGE. 47 YEARS, OCC. EX-SERVICEMAN, R/O SHREE MARUTI, NEAR KPTCL, MATRUGALLI, SIRSI. TQ. SIRSI, DIST. UTTRAKANNADA, SIRSI-531402. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad
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NC: 2025:KHC-D:3147 WP No. 103665 of 2024
8. HANAMANT S/O NINGAPPA ANGADI AGE. 39 YEARS, OCC. EX-SERVICEMAN, R/O MUGALKOD, TQ. RAIBAG, DIST. BELAGAVI, MUGALKOD-591235. 9. MAHANTESH S/O RACHAPPA NESUR AGE. 38 YEARS, OCC. EX-SERVICEMAN, R/O VAJJARAMATTI, TQ. MUDHOL, DIST. BAGALKOT, VAJJARAMATTI-587313. …PETITIONERS (BY SRI. PRASHANT V. MOGALI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF ANIMAL HUSBANDRY & FISHERIES , 4TH FLOOR, VIKASA SOUDHA, BANGALORE-560001. 2. THE COMMISSIONER DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY SERVICES, V.V. MINI TOWERS, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560001. 3. THE EXECUTIVE DIRECTOR-CUM-SELECTION AUTHORITY, KARNATAKA EXAMINATION AUTHORITY, 18TH CROSS, MALLESHWARAM, 2A NO. 2869 OF 2023 SAMPIGE ROAD, BANGALORE-560012. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 & R2;
SMT. SURABHI KULKARNI, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT AUTHORITY TO CONSIDER THE REPRESENTATION DATED 06/01/2023 VIDE ANNEXURE-E. ISSUE A WRIT OF CERTIORARI QUASHING THE NOTIFICATION DATED 23/09/2022 BY THE GOVERNMENT OF KARNATAKA ISSUED NOTIFICATION FOR 250 POSTS OF JUNIOR VETERINARY INSPECTOR VIDE NOTIFICATION DATED NO. ED/KEA/ADALITHA/CR-2022-23 (MA.VRU). VIDE ANNEXURE D AND FINAL SELECTION LIST BEARING NO.
ED/KEA/AD,M/CR-08/2022-23 DATED 16/06/2023 VIDE ANNEXURE-H ISSUED BY RESPONDENT
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NC: 2025:KHC-D:3147 WP No. 103665 of 2024
NO.3 IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioners who are nine in number are before this Court seeking the following prayer:
“A. Issue writ of Mandamus directing the Respondent Authority to consider the Representation dated 06/01/2023 vide Annexure-E.
B. Issue a Writ of Certiorari Quashing the notification dated 23/09/2022 by the Government of Karnataka issued notification for 250 posts of Junior Veterinary Inspector vide Notification dated No.ED/KEA/ADALITHA/CR-2022-23 (MA.VRU). vide Annexure D and Final Selection list Bearing No.
ED/KEA/ADMN/CR-08/2022-23 Dated 16/06/2023 vide Annexure-H issued by Respondent No.3 in the interest of justice and equity.
C. Pass any other appropriate
Order, Writ or directions as this hon’ble court may deem fit under the facts and circumstances of the case in the ends of justice and equity.”
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NC: 2025:KHC-D:3147 WP No. 103665 of 2024
2. Heard the learned counsel Sri.Prashant V.Mogali appearing for petitioners and learned AGA for respondent Nos.1 and 2 and learned counsel Smt.Surabhi Kulkarni appearing for respondent No.3.
3. The petitioners are participants in the recruitment process for the post of Junior Veterinary Inspector. The petitioners are said to be ex-servicemen and are entitled to certain benefits as obtaining under the circulars of the Union of India and therefore are at the doors of this Court seeking a direction to consider their cases by way of the representation following the office memorandum issued by the Union of India.
4.
Learned counsel Smt.Surabhi Kulkarni representing the respondent No.3 would submit that these are the services under the State and the petitioner has to approach the Karnataka State Administrative Tribunal for redressal of the grievance. The submission of learned counsel Smt.Surabhi Kulkarni merits acceptance as the
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NC: 2025:KHC-D:3147 WP No. 103665 of 2024
seven Judge Bench of the Apex Court in the case of L.Chandra Kumar Vs. Union of India1 has held that the Tribunal would be the Court of first instance for any grievance that arises out of the services under the State.
5. The petitioners are seeking to project certain illegality in the recruitment to the post of Junior Veterinary Inspector. Merely because the representations are submitted to the concerned authorities prior to the conclusion of the recruitment process. It would not mean that this Court would get jurisdiction, as held by the Apex Court in L Chandra Kumar’s case (supra) is subsequently followed by the Apex Court in Rajeev Kumar and Another Vs. Hemraj Singh Chauhan and others2.
6. In that light, the petition pending before this Court is not entertainable. Therefore petitioner is at liberty
1 (1997) 105 STC 618 2 2010 SCC OnLine SC 392.
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NC: 2025:KHC-D:3147 WP No. 103665 of 2024
to avail of such remedy as available in law by knocking at the doors of the Tribunal, if he so desires.
Ordered accordingly.
SD/- (M.NAGAPRASANNA) JUDGE
RHR/CT-VP LIST NO.: 1 SL NO.: 30