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High Court of Karnataka · body

2025 DAILYLAW 54458 (KAR)

DR T NIRANJAN PRABHU v. STATE OF KARNATAKA

WP/23653/2025 · 2025-08-12

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31116 WP No. 23653 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 23653 OF 2025 (S-RES) BETWEEN: 1. DR T NIRANJAN PRABHU S/O C. THIPPESWAMY AGED ABOUT 50 YEARS R/AT NO. 14, AKSHARA KRISHI 11 CROSS, D GROUP EMPLOYEES LAYOUT ANDHRAHALLI MAIN ROAD LINGADHEERANAHALLI BENGALURU-560091. 2. DR. PRAKASH UNKI S/O HUCHHAPPA C. UNKI AGED ABOUT 50 YEARS RESIDING AT NO.LIG-127 ADARSH NAGAR NEAR GANESH TEMPLE VIJAYAPUR-586103. 3. DR. SUNANDA BIRADAR W/O SRI BABU N. KHYADAGI AGED ABOUT 45 YEARS R/AT PLOT NO. 10, SAMRUDDHI NILAYA JAYANAGAR ASHRAM ROAD VIJAYAPUR-586103. 4. DR. SUJATA HARLAPUR D/O FAKKIRAPPA HARLAPUR AGED ABOUT 54 YEARS R/A BEHIND MAGAVI TALKIES SHIVAYOGISWAR NAGAR HAVERI-581110. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31116 WP No. 23653 of 2025 5. DR. PREMAKUMAR H.B. S/O BASAVARAJAIAH AGED ABOUT 50 YEARS R/AT NO.27 'PRANAVAM' 1ST CROSS RAJARAJESWARI RESIDENCY ANDRAHALLI MAIN ROAD OPP. ACHARYA B SCHOOL BENGALURU 560091. 6. DR. D.V. CHANDRASHEKHAR S/O D.T. VENKATAIAH AGED ABOUT 52 YEARS R/AT NO.1344, 19TH MAIN ROAD D GROUP LAYOUT SRIGANDA KAVALU NEAR RELIANCE FRESH BENGALURU-560091. 7. DR SEEMA SHASHIDHAR SAMBARGI D/O LATE SHASHIDHAR SAMBARGI AGED ABOUT 53 YEARS R/A NO.2012, PRESTIGE SOUTH RIDGE SY. NO. 125, HOSAKEREHALLI BSK 3 STAGE BENGALURU-560085. 8. DR. PREMABAI AKKASALIGAR D/O TULASAPPA AGED ABOUT 53 YEARS R/AT FLAT NO.401/A NASCO ELEGANCE 4TH CROSS, BHAGYA NAGAR BELGAVI-590006. 9. DR. MANJUNATH HANAGADAKAR S/O SHANKAR HANAGADAKAR AGED ABOUT 49 YEARS R/A NO. B-3, H.I.T. NEW STAFF QUARTERS HIT CAMPUS, NIDASASHI TALUK HUKKERI DISTRICT BELAGAVI-591236. 10. DR. LAKSHMINARAYANACHARI. K S/O KODANDACHARI - 3 - HC-KAR NC: 2025:KHC:31116 WP No. 23653 of 2025 AGED ABOUT 50 YEARS R/A NO.303, THIRD FLOOR TOWER 2 NAVAMI FUNIQUE HOSA ROAD JUNCTION HOSUR MAIN ROAD BENGALURU-560100. 11. DR. UDAYAKUMAR K.N. S/O NANJAPPA AGED ABOUT 50 YEARS R/A NO.707, 10TH CROSS 10TH MAIN, NTI LAYOUT 2ND PHASE, RAJIV GANDHI NAGAR BENGALURU-560097. 12. DR. HARIKRISHNA S S/O SUBBAIAH V AGED ABOUT 42 YEARS R/AT MATRUSHREE NILAYA NO.355, VARDARAJA ROAD BHUVANESHWARI NAGAR R.T. NAGAR POST, BENGALURU-560032. 13. DR. KUSHALATHA M D/O MUTHARASAIAH AGED ABOUT 50 YEARS R/AT NO.36, OPP. PEPSI GODOWN ISMAIL GARDEN, MANJUNATHA NAGARA NEW EXTENSION, TUMKUR ROAD NAGASANDRA POST BANGALORE NORTH-560073. 14. DR. SNEHALATHA V W/O CHANDRDASHEKAR M AGED ABOUT 49 YEARS R/AT NO.37, 3RD CROSS 1ST FLOOR TELCOM LAYOUT TENNIS VILLAGE THINDLU VIDYARANYAPURA POST BENGALURU-560097. - 4 - HC-KAR NC: 2025:KHC:31116 WP No. 23653 of 2025 15. DR. PRAVEENA KUMAR R.S. S/O SHIVANNA REDDY AGED ABOUT 51 YEARS R/AT NO.99/1B, BYRAPPA BUILDING RAMRAO LAYOUT, KATTEREGUPPE BSK 3RD STAGE BANGALORE-560034. 16. DR. JAYALAKSHMAMMA D.V. W/O SHANKARANARAYANA H.T. AGED ABOUT 48 YEARS R/AT NO.6, 11TH CROSS SWIMMING POOL EXTENSION DATTATREYA TEMPLE, MALLESWARAM BENGALURU-560003. 17. DR. RAHUL K. KAVISHWAR S/O KRISHNAJI C. KAVISHWAR AGED ABOUT 49 YEARS R/AT NO.F.110, C BLOCK SERRIA SYLLABLE APARTMENT 4TH CROSS, MARUTI LAYOUT VIRUPAKSHAPURA, KODIGEHALLI BENGALURU-560097. 18. DR. PRATHIBHA B.S. W/O PRAVEEN P SINGH AGED ABOUT 51 YEARS R/AT NO. 9, CHINNASWAMY MUDALIAR ROAD TASKER TOWN, SHIVAJINAGAR BENGALURU-560005. 19. DR. PRAKASHKUMAR VADAVADAGI S/O KRISHNAMURTHY AGED ABOUT 51 YEARS R/O PLOT NO 25/11,14TH CROSS VIDYAGIRI, BAGALKOTE-587102. 20. DR JANET JYOTHI DSOUZA W/O RAVINARYANA K.S AGED ABOUT 40 YEARS R/O PLOT NO 302 MARUTHI RESIDENCY - 5 - HC-KAR NC: 2025:KHC:31116 WP No. 23653 of 2025 VIJAYANAGAR COLONY CANTONMENT BALLARI-583104. 21. DR. SHARANAPPA S/O BASAVARAJ AGED ABOUT 50 YEARS R/A HOUSE NO 1-4-161/17 1B ROAD BEHIND JYOTHI COLONY NEAR SAI TECHNO SCHOOL RAICHUR-584101. 22. DR. SHANTAPPA GOLLAGI S/O GURAPPA GOLLAGI AGED ABOUT 53 YEARS R/A HIT STAFF QTS, B NO. 1 NIDASOSHI, HUKKERI TALUK BELAGAVI-591236. 23. DR LOKESH BHAJANTRI S/O BHARAMAPPA BHAJANTRI AGED ABOUT 46 YEARS R/O NO. 653 NEAR MALIYAPPAYYA SWAMI HIGH SCHOOL, SAPTAGIRI LAYOUT 4TH CROSS, GADDANKERI BENGALURU-587102. 24. DR. RAJASHEKHAR K.M. S/O MAHADEVAPPA AGED ABOUT 50 YEARS R/O KOPPA POST, NEAR PANCHAYATH OFFICE PERIYA PATNA TALUK MYSORE-562104. 25. DR. ASHOKA K S/O DYAMANNA K.M AGED ABOUT 50 YEARS R/AT NO. 217/1-15, 5TH CROSS MAIN ROAD, SHIVAPARVATHI LAYOUT DAVANAGERE-577004. 26. DR. ASHA M.S. D/O SHIVANAJU - 6 - HC-KAR NC: 2025:KHC:31116 WP No. 23653 of 2025 AGED ABOUT 47 YEARS R/A 1813, 7TH CROSS SUBHASH NAGAR MANDYA-571401. 27. DR. PRABHAKAR MUTALIK DESAI S/O BABURAO AGED ABOUT 55 YEARS R/A SHRI VADIRAJA NEAR OLD BAESHAN SCHOOL R.K COLONY CHIKODI BELAGAVI -591201. 28. DR. NAGAREDDAPPA H S/O BASANAGOWDA AGED ABOUT 44 YEARS R/A KALAMANGI SINDHNURU TALUK RAICHURU-584132. 29. DR. SHASHIKALA A R W/O SRIDHAR B S AGED ABOUT 50 YEARS R/A SRIKALA SAI NILAYA 1ST MAIN, 1ST BLOCK, 28TH WARD DESHADAPET, TALUK OFFICE ROAD DODDABALLAPURA-561203. 30. DR. N DHARMANNA S/O NEELAPPA AGED ABOUT 49 YEARS R/A BASALINGAPPA COLONY NEAR PETROL PUMP DEODURGA CROSS SIRWAR TALUK, RAICHUR 584129. 31. DR. SHASHI SHEKHAR TR. S/O RAJASHEKARAIAH D S AGED ABOUT 48 YEARS R/A NO. 224, 2ND B CROSS OPP. TO URWA CLUB HOUSE - 7 - HC-KAR NC: 2025:KHC:31116 WP No. 23653 of 2025 UPKAR LAYOUT, ULLAL BENGALURU-560091. 32. DR. MANJUNATHA K M S/O MALLAPPA K AGED ABOUT 53 YEARS R/AT S B C FIRST GRADE COLLEGE P G CENTRE SS LAYOUT DAVANAGERE-577004. 33. DR SIDDAPPA S/O SANNA BHIMAHAPPA AGED ABOUT 47 YEARS SAIDAPUR TALUK YADAGIR-585221. …PETITIONERS (BY SRI. V LAKSHMINARAYANA, SENIOR ADVOCATE FOR SRI. VIKRAM BALAJI., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION MULTISTORIED BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560001. 2. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION SESHADRI ROAD, BENGALURU-560001. 3. THE DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION SESHADRI ROAD, BENGALURU-560001. - 8 - HC-KAR NC: 2025:KHC:31116 WP No. 23653 of 2025 4. THE CHIEF ADMINISTRATIVE OFFICER OFFICE OF THE COMMISSIONER OF SESHADRI ROAD COLLEGIATE EDUCATION BENGALURU-560001. …RESPONDENTS (BY SRI. VIKAS R, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO TREAT THE APPLICATION FILED BY THE PETITIONERS AS VALID AND THE NAMES OF THE PETITIONERS SHALL BE INCLUDED IN THE ELIGIBILITY LIST IN TERMS OF THE NOTIFICATION NO: ED/KEA/ADALITHA/CR-10/2022-23(KK) DATED 13.12.2022 (ANNEXURE-D) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 is a Civil Servant and he has to approach the Karnataka State Administrative Tribunal (KSAT). 2. The learned senior counsel appearing for the petitioner submitted that liberty may be reserved to the petitioner to approach the KSAT and in the - 9 - HC-KAR NC: 2025:KHC:31116 WP No. 23653 of 2025 meantime, this Court may grant an interim order to protect the interests of the petitioner. He also relied on the order passed by this Court in W.P.No.14727/2025, disposed of on 06.06.2025 and submitted that this Court in a similar circumstance, had extended the interim order for a period of three weeks. Hence, he sought for an interim order in the present case. 3. In W.P.No.14727/2025, at the first instance, neither of the parties raised any objection regarding the maintainability of the writ petition. The learned Single Judge issued notice and refused to grant an exparte interim order. Aggrieved by the same, the petitioner in that case filed a writ appeal in W.A.No.805/2025 before the Division Bench. The Division Bench, by order dated 29.05.2025, disposed of the appeal with a direction to the respondents not to precipitate the matter till 06.06.2025. - 10 - HC-KAR NC: 2025:KHC:31116 WP No. 23653 of 2025 On 06.06.2025, when the matter was posted before the learned Single Judge, the learned AGA raised a preliminary objection regarding the maintainability of the writ petition. This Court disposed of the writ petition and granted liberty to the petitioner to approach the KSAT. Since the interim order had already been granted by the Division Bench, it was in force as on the date of disposal of the writ petition. The same was extended for a further period of three weeks. However, the said order is not applicable to the facts of the present case. 4. 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. - 11 - HC-KAR NC: 2025:KHC:31116 WP No. 23653 of 2025 5. In view of the above, the writ petition is disposed of, reserving liberty for the petitioner to approach the appropriate legal forum. 6. Office is directed to return the original/certified copy of annexures to the petitioner, forthwith, after retaining the xerox. 7. It is made clear that the KSAT shall not be influenced by any observations made in this order while considering the interim application and shall decide the same in accordance with law. 8. All pending I.As. in this writ petition, if any, are disposed of accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 5