Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 60232 (KAR)

ANANT S/O SUSHILENDRA OMKAR v. THE STATE OF KARNATAKA

WP/108745/2025 · 2025-11-26

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:16494 WP No. 108745 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108745 OF 2025 (S-RES) BETWEEN: ANANT S/O. SUSHILENDRA OMKAR, AGE. 56 YEARS, OCC. SUPERINTENDENT, DEPT.OF ADMINISTRATION, R/O.C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE (AIDED) BAGALKOTE, DIST: BAGALKOT-587101. … PETITIONER (BY SRI. KISHOR SUDHAKAR SUTAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY, HIGHER EDUCATION DEPARTMENT, (COLLEGIATE), M. S. BUILDING, DR.B.R.AMBEDKAR ROAD, BENGALURU-560 001. 2. THE COMMISSIONER DEPARTMENT OF TECHNICAL EDUCATION, PALACE ROAD, BENGALURU-560 001. 3. THE DIRECTOR TECHNICAL EDUCATION DEPARTMENT, PALACE ROAD, BENGALURU-560 001. 4. THE PRINCIPAL BASAVESHWARA ENGINEERING COLLEGE, (AIDED),VIDYANAGAR, BAGALKOT, DIST: BAGALKOT-587102. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R3; SRI. G.K. HIREGOUDAR, ADVOCATE FOR R4) Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16494 WP No. 108745 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING THE 4TH RESPONDENT TO CONSIDER THE PETITIONERS REPRESENTATION DATED 21.07.2025 AT ANNEXURE-H AND TO ENTER THE ORDER DATED 11.01.2010 IN HIS SERVICE REGISTER PRODUCED AT ANNEXURE-C AND FURTHER DIRECT THE 4TH RESPONDENT TO FORWARD THE UPDATED SERVICE REGISTER AND PROMOTION PROPOSAL OF THE PETITIONER TO RESPONDENTS NO.2 AND 3 FOR CONSIDERATION OF HIS PROMOTION TO THE POST OF REGISTRAR AND TO ISSUE A WRIT, ORDER, OR DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENTS NO.2 AND 3 TO CONSIDER THE CASE OF THE PETITIONER FOR PROMOTION TO THE POST OF REGISTRAR IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “A. Issue a Writ, Order or Direction in the nature of Mandamus, directing the 4th Respondent to consider the Petitioner’s representation dated 21.07.2025 at Annexure-H and to enter the order dated 11.01.2010 in his service register produced at Annexure-C and further direct the 4th Respondent to forward the updated service register and promotion proposal of the Petitioner to Respondents No.2 and 3 for consideration of his promotion to the post of Registrar. B. Issue a Writ, Order, or Direction in the nature of Mandamus, directing the Respondents No.2 and 3 to consider the case of the Petitioner for promotion to the post of registrar in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC-D:16494 WP No. 108745 of 2025 C. Grant such other reliefs as this Hon’ble Court may deem fit in the circumstances of the case.” 2. Heard Shri Kishor Sutar, learned counsel appearing for the petitioner; Smt. Girija S.Hiremath, learned HCGP appearing for respondent Nos.1 to 3 and Shri G.K. Hiregoudar, learned counsel appearing for respondent No.4. 3. The petitioner is appointed as the First Division Clerk in the Department of Industrial Production Engineering in the fourth respondent College. The petitioner is transferred to the Department of Production and Technology and is promoted therein as a Superintendent. The petitioner is due for further promotion. The claim of the petitioner is that he has rendered in two departments must be taken into consideration for the purpose of considering his case for promotion. The same is not being considered though the representation is submitted to the respondents on 21.07.2025 and the promotion process has commenced. 4. Learned counsel appearing for respondent No.4 submits that if a reasonable time is granted, the representation - 4 - HC-KAR NC: 2025:KHC-D:16494 WP No. 108745 of 2025 of the petitioner would merit consideration in accordance with law and appropriate orders would be passed thereon. 5. In the light of the said submission, I deem it appropriate to dispose the subject petition with a direction to respondent No.4 to consider the representation of the petitioner for the purpose for which it is rendered and pass the necessary orders thereon in accordance with law within four weeks from the date of receipt of a copy of this order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT: ANB List No.: 1 Sl No.: 40