- 1 - HC-KAR NC: 2025:KHC-D:10731 WP No. 105101 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105101 OF 2025 (GM-RES) BETWEEN: SRI ONKARASA S/O. ISHWARASA BASAVA, AGE: 59 YEARS, OCC: ADVOCATE, R/O: KALASAPUR ROAD, VISHWESHWARAYYA NAGAR, GADAG 582103, DIST: GADAG. …PETITIONER (BY SRI. ONKARASA I. BASAVA, PARTY IN PERSON) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVT, IIIRD FLOOR , VIDHANA SOUDHA, BENGALURU 560001. 2. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHAIRMAN, DISTRICT LEGAL SERVICE AUTHORITY (DLSA) HUBLI ROAD, GADAG – 582 103. 3. THE STATE OF KARNATAKA, REPRESENTED BY ITS MEMBER SECRETARY, DISTRICT LEGAL SERVICE AUTHORITY (DLSA), HUBLI ROAD, GADAG – 582 103. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10731 WP No. 105101 of 2025 4. THE STATE OF KARNATAKA, REPRESENTED BY ITS SELECTION COMMITTEE DISTRICT LEGAL SERVICE AUTHORITY (DLSA) HUBLI ROAD, GADAG 582103 5. 6. 7. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHAIRMAN, STATE LEGAL SERVICE AUTHORITY (SLSA) NYAYA DEGULA BUILDING, H.SIDDAIAH ROAD, BENGALURU 560 027. THE STATE OF KARNATAKA, REPRESENTED BY ITS MEMBER SECRETARY, STATE LEGAL SERVICE AUTHORITY (SLSA), NYAYA DEGULA BUILDING, H.SIDDAIAH ROAD, BENGALURU 560 027. THE STATE OF KARNATAKA, REP BY ITS PRINCIPAL , SECRETARY TO GOVT. LAW DEPARTMENT, VIDHANA SOUDHA BANGALORE-560 001. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM., AGA FOR R1 AND R7 Sri.JAGADISH PATIL, ADV. FOR R2 TO 6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMUGNED NOTICE INTRVIEW LETTER TO CHIEF LEGAL AID DEFENSE COUNCIL POST ISSUED BY THE REPSONDENT NO.3 DATED 26.06.2025 BEARING NO.O.NO.328/2025 ANNEXURE-M AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10731 WP No. 105101 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accept notice for respondents No.1 and 7. Sri.Jagadish Patil, learned counsel accepts notice for respondents No.2 to 6. 2. The petitioner is before this Court seeking for the following reliefs: 1. To issue a writ or order in favour of petitioner to quash the impugned notice interview letter to Chief legal aid defense council post issued by the R3 dated 26.06.2025 bearing No. O.No.32/2025 Annexure-M. 2. Quash the impugned letters of candidates Viva eligible lists for Chief legal aid defense council post Annexure-M an Deputy legal aid defense council post Annexure-P issued by the Selection committee Respondent No.4 dated 26.06.2025 3. Declare the Selection Committee R4 taking interview dated 29.06.2025 and selection of Sri. S.V. Grampurohit for the post of Chief legal aid defense council is illegal. 4. A Writ mandamus may be issued against concern respondents and directing the concern respondents considering the petitioner applications Annexure-G and J take petitioner interview and complete the Selection process of Chief and Deputy legal aid defense council posts accordance with law in the ends of justice and equity. - 4 - HC-KAR NC: 2025:KHC-D:10731 WP No. 105101 of 2025 5. Call for concern any documents records from District Legal Service Authority Gadag for verification in the ends of justice and equity. 6. Any other writ deemed to fit in the circumstances case may be awarded in favour of petitioner in the ends of justice and equity. 3. A notification having been issued inviting applications for the post of Chief Legal Aid Council, Deputy Legal Aid Defense Council and Asst. legal Aid Defence Council by the Karnataka Legal Services Authority, the petitioner had submitted his application thereto. The petitioner is before this court contending that despite the petitioner satisfying all the eligibility criteria, he has been denied interview/viva voce and as such, this court ought to intervene and pass necessary orders as sought for. 4. Heard Sri.O.I.Basava, petitioner- party in person. 5. A perusal of the qualification in terms of notification indicates that firstly an applicant has to have 10 years experience in the practice of criminal law, should have excellent oral and written communication - 5 - HC-KAR NC: 2025:KHC-D:10731 WP No. 105101 of 2025 skill and apart from other abilities should have handled at least 30 session trials, which could be relaxed in appropriate circumstances by the Hon’ble Executive Chairman, SLSA. Insofar as the Deputy Legal Aid Defence Council is concerned, the applicant ought to have experience of 7 years and should have conducted 20 sessions of trials, which could be, in appropriate circumstances, relaxed by the Executive Chairman, SLSA. 6. The petitioner having applied for these two posts had submitted a list of cases in which he had appeared. The said list can be found at page 34 insofar as the application for Chief Legal Aid Defense Council and at page 42 in respect of the Deputy Legal Aid Defense Council, both the list being one and the same. 7. A perusal said list indicates that there are only seven session matters which have been referred to, all the other matters are relating to Criminal Miscellaneous - 6 - HC-KAR NC: 2025:KHC-D:10731 WP No. 105101 of 2025 petitions, MVC matters, Criminal Revision Petitions, special IECC cases, matrimonial matters and certain writ petitions which have been filed. 8. Exfacie, the said list of cases, in my considered opinion and as rightly considered by the respondents, do not satisfy the minimum qualifying criteria insofar as Chief Legal Aid Defense Council for 30 and Deputy Legal Aid Defense Council for 20. 9. The basic minimum criteria not being satisfied, the petitioner has approached this court, only contending that the Executive Chairperson has the power to relax the conditions. The question of relaxation would have arisen if the petitioner had requested such relaxation by categorically stating that the petitioner had only appeared in 7 session cases and by producing judgments in relation to that request for such relaxation. Instead of doing so, the petitioner has given a list of more than 40 matters which are not - 7 - HC-KAR NC: 2025:KHC-D:10731 WP No. 105101 of 2025 related to the sessions matter and thereby has sought to mislead the appointing authority while making his application. 10. In such a situation, in my considered opinion, the petitioner would not be entitled for any equitable consideration, let alone the exercise of discretion by the Executive Chairman. 11. In that view of the matter, I do not find any infirmity in the order passed. Petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 77