- 1 - HC-KAR NC: 2025:KHC:31322-DB WP No. 23822 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 23822 OF 2025 (S-RES) BETWEEN: 1. SARITHA K AGE: 35 YEARS W/O CHETHAN K S NO.1455, SHRI RAGHAVENDRASWAMY NILAYA 11TH CROSS, KARANJIKATTE KOLAR- 563101. 2. BHANUPRAKASH AGE: 41 YEARS S/O SOMANNA C ATTIGUPPE VILLAGE, MULLURU POST HUNSUR TALUK, MYSURU – 571610. 3. SRIDEVI M S AGE: 37 YEARS D/O SHIVALINGASWAMY MURADI POST, MOLAKALMURU TALUK CHITRADURGA – 577540. 4. MURAGAYYA HIREMATH AGE: 41 YEARS S/O SHIVALINGAYYA KADAKOL POST, JAMKHANDI TALUK BAGALKOT – 587119. 5. MAHESH HURALIKUPPI AGE: 35 YEARS, S/O FAKEERAPPA SAVANUR ROAD, JALLAPUR POST Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31322-DB WP No. 23822 of 2025 SAVANUR TALUK, HAVERI - 581 118. 6. ANIL NIRALE AGE: 45 YEARS S/O BALAPPANIRALE NILAGARONI, CHADCHAN HINDI TALUK VIJAYAPURA - 586205. 7. ASFAKMAHMAD IRAKALL AGE: 37 YEARS S/O RAJAMAHAMMAD POLICE QUARTERS NEAR OLD KACHERI, DASARONI GADAG – 582101. 8. VINODKUMAR AGE: 37 YEARS S/O CHINAPPA TOTAD NEAR PRIMARY SCHOOL, MUTHALU VILLAGE, SIRUR POST, VELABURGA TALUK KOPPAL – 583230. 9. BASAYYA AGE: 41 YEARS, S/O RAMALINGAYYA #147, NEARAGASI CHITTAPUR POST, LINGASUGUR TALUK RAICHUR – 584127. 10. IMAMSAB MULLA AGE: 37 YEARS S/O MABULI AP INGALAGI, SAVADATTI TALUK, BELAGAVI - 591 111. 11. SHIVAJI SHANKAR DEVANE AGE: 35 YEARS S/O SHANKAR DEVANE NEAR WATER TANK, SHIRAGUPPI VILLAGE AND POST ATHANI TALUK BELAGAVI – 591242. - 3 - HC-KAR NC: 2025:KHC:31322-DB WP No. 23822 of 2025 12. AKBAR BASHA AGE: 42 YEARS S/O KAMALSAB NADAF #1242, S M KRISHNA NAGAR GADAG TALUK AND DISTRICT – 582102. 13. ABDUL HAMEED I S AGE: 41 YEARS, S/O IMAM, KAGAL VILLAGE, HUBBANAGERI POST KUMTA TALUK, UTTARA KANNADA – 581351. 14. SUNIL KUMAR AGE: 41 YEARS S/O DASARATH FARAHATBAD VILLAGE AND POST KALABURGI TALUK AND DISTRICT - 585 308. 15. AMARESH AGE: 35 YEARS S/O VIRUPAKSHAPPA CHAVADI BRINDAVANA NILAYA, NEAR VASTRAD HOUSE CHAVADI VILLAGE AND POST, S R NAGAR, DHARWAD-580 001. 16. SIDDARUD KOPPAD AGE: 37 YEARS S/O BASAPPA MUGALIHAL VILLAGE AND POST SAVADATTI TALUK BELAGAVI – 591129. 17. VINAY KUMAR AGE: 39 YEARS S/O PARAMESHWARAPPA SOMESHWARAKRUPA KOTTURESHWARA CAMP GANGAVATHI TALUK KOPPAL – 583227. 18. MANJUNATHA B AGE: 34 YEARS - 4 - HC-KAR NC: 2025:KHC:31322-DB WP No. 23822 of 2025 S/O BEERAPPA (LATE) KARIYAMMA LAYOUT, BANAVARA PETE, ARASIKERE TALUK HASSAN – 573112. 19. LALITA KOLLI AGE: 37 YEARS D/O BASAPPA NEAR SALESHWAR TEMPLE WARD NO.06, GULEDGUD BAGALKOT – 587203. 20. NANJUNDAIAH K AGE: 36 YEARS S/O KARIYAPPA #27, ACHALUDODDI VILLAGE K P DODDI POST. KAILANCHA HOBLI, RAMANAGARA TALUK RAMANAGARA – 562159. 21. SUNIL SUBHASH RATHOD AGE: 34 YEARS S/O SUBHASH KOLURU VILLAGE AND POST MUDDEBIHALA TALUK VIJAYAPURA- 586129. 22. RAJASHEKERA CHAWHAN AGE: 36 YEARS S/O RUDRAPPA POLICE STATION ROAD, DURGA NAGAR, HALIYAL UTARA KANNADA – 581329. 23. SHIVANAND NINGAPPA KAILABANUR AGE: 35 YEARS S/O NINGAPPA KILABANUR RADDER VILLAGE THIMMAPUR POST, BADAMI TALUK BAGALKOT – 587206. 24. RAJANI KOLADUR AGE: 36 YEARS C/O ISHWAR Y CHOWBARI BAZAR ROAD, NESARGI, - 5 - HC-KAR NC: 2025:KHC:31322-DB WP No. 23822 of 2025 BAILHONGAL TALUK BELGAVI - 591 121. 25. DIVYA GHATAGE AGE: 32 YEARS D/O YAMAJI #19, NEAR BUS STOP HIDKAL DAM, HIDKAL BELAGAVI - 591 107. 26. JAVEED MULLA AGE: 41 YEARS S/O UMER #506, RAGHAVENDRA CIRCLE 1ST CROSS, NEKAR NAGAR OLD HUBLI DHARWAD–580024. 27. RAVI BAGEWADI AGE: 41 YEARS S/O SANGAPPA BAGEWADI SANGAMESHWARA NAGAR MUDDEBIHAL TALUK VIJAYAPURA - 586 212. 28. VEERESH MURTHY AGE: 36 YEARS S/O MARIDEVARU #132, SANGABASAVANADODDI MAYAGANAHALLI POST, RAMANAGAR TALUK AND DISTRICT – 562128. 29. SUMA B H AGE: 41 YEARS W/O JAGADISH G P #07, WARD NO.17 B GOLLAHALLI, BIDADI RAMANAGARA – 562109. …PETITIONERS (BY SRI. N S VIJAYANTH BABU, ADV.) AND: 1. STATE OF KARNATAKA BY ITS DEPARTMENT OF SKILL DEVELOPMENT, - 6 - HC-KAR NC: 2025:KHC:31322-DB WP No. 23822 of 2025 ENTREPRENEURSHIP AND LIVELIHOOD M S BUILDING, AMBEDKAR VEEDHI BENGALURU - 560001 REPRESENTED BY ITS SECRETARY. 2. KARNATAKA PUBLIC SERVICE COMMISSION UDYOGA SOUDHA PARK HOUSE ROAD BENGALURU - 560001 REPRESENTED BY ITS SECRETARY. 3. DIRECTORATE OF INDUSTRIAL TRAINING AND EMPLOYMENT KAUSHALYA BHAVAN, DAIRY CIRCLE, BANNERAGHATTA ROAD, HOMBEGOWDA NAGAR BENGALURU - 560029 REPRESENTED BY ITS COMMISSIONER. 4. DEPARTMENT OF FACTORIES, BOILERS, INDUSTRIAL SAFETY AND HEALTH 2ND FLOOR, KALYANA SURAKSHA BHAWAN, BANNERGHATTA ROAD, NEAR DAIRY CIRCLE, BENGALURU - 560029 REPRESENTED BY ITS DIRECTOR. 5. KARNATAKA STATE ROAD TRANSPORT CORPORATION K H ROAD, SHANTI NAGAR BANGALORE - 560027 REP. BY ITS MANAGING DIRECTOR. 6. BENGALURU METROPOLITAN TRANSPORT CORPORATION K H ROAD, SHANTI NAGAR BANGALORE - 560027 REP. BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI. B RAVINDRANATH, AGA FOR R1) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE STANDARD OPERATING PROCEDURE DATED 13/01/2023 (ANNEXURE-G) ISSUED BY THE RESPONDENT NO.2; ISSUE APPROPRIATE DIRECTIONS TO THE CENTRAL BUREAU OF INVESTIGATION, BENGALURU TO CONDUCT ENQUIRY INTO THE ALLEGED, GROSS AND WIDESPREAD, IRREGULARITIES INVOLVING LARGE NUMBER OF UNSUCCESSFUL CANDIDATES AND THE ALLEGED CONSPIRACY INVOLVING HIGH - 7 - HC-KAR NC: 2025:KHC:31322-DB WP No. 23822 of 2025 RANKED OFFICIALS (EVEN DEPARTMENT HEADS) OF RESPONDENTS 2 TO 6 IN THE SELECTION PROCESS CULMINATING IN THE PUBLICATION OF REVISED FINAL LISTS (ANNEXURE-N1 TO N23) CARRIED OUT BY THE RESPONDENT-2 PERTAINING TO THE RECRUITMENT NOTIFICATION NO. R (2) 3567/17-18/PSC DATED 19/02/2018 (ANNEXURE-A) FOR FILLING 1520 POSTS OF JUNIOR TRAINING OFFICERS, AND TO PLACE THE REPORT BEFORE THIS HON’BLE COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioners are before this Court under Article 226 of the Constitution of India with the following prayers: “1. Issue writ of certiorari and quash the Standard Operating Procedure dated 13/10/2023 (Annexure-G) issued by the Respondent No.2; 2. Issue appropriate directions to the Central Bureau of Investigation, Bengaluru to conduct enquiry into the alleged, gross and widespread, irregularities involving large number of unsuccessful candidates and the alleged conspiracy involving high ranked officials (even department heads) of Respondents 2 to 6 in the selection process culminating in the publication of Revised - 8 - HC-KAR NC: 2025:KHC:31322-DB WP No. 23822 of 2025 Final Lists Anx-N1 bearing No.PSC 916 (PART-1) RTB-2/17-18/1427-1438 dated 11/03/25; Anx-N2 bearing No.PSC 916 (PART-2) RTB-2/17-18/1442-1 RTB-2/17-18/1442-1445 dated 12/03/25; Anx-N3 bearing No.PSC 916 (PART-3) RTB-2/17-18/1427- 1438 dated 11/03/25; Anx-N4 bearing No.PSC 916 (PART-4) RTB-2/17-18/1427-1438 dated 11/03/25; Anx-N5 bearing No.PSC 916 (PART-5) RTB-2/17- 18/1427-1438 dated 11/03/25; Anx-N6 bearing No.PSC 916 (PART-6) RTB-2/17-18/1427-1438 dated 11/03/25; Anx-N7 bearing No.PSC 916 (PART-7) RTB-2/17-18/1427-1438 dated 11/03/25; Anx-N8 bearing No.PSC 916 (PART-8) RTB-2/17- 18/1427-1438 dated 11/03/25; Anx-N9 bearing No.PSC 916 (PART-9) RTB-2/17-18/1427-1438 dated 11/03/25; Anx-N10 bearing No.PSC 916 (PART-10) RTB-2/17-18/1427-1438 dated 11/03/25; Anx-N11 bearing No.PSC 916 (PART-11) RTB-2/17-18/1427-1438 dated 11/03/25; Anx-N12 bearing No.PSC 916 (PART-12) RTB-2/17-18/1427- 1438 dated 11/03/25; Anx-N13 bearing No.PSC 916 (PART-13) RTB-2/17-18/1081 dated 27/01/25; Anx-N14 bearing No.PSC 916 (PART-14) RTB-2/17- 18/1076 dated 27/01/25; Anx-N15 bearing No.PSC 916 (PART-15) RTB-2/17-18/1077 dated 27/01/25; Anx-N16 bearing No.PSC 916 (PART-16) RTB-2/17- 18/04 dated 03/04/25; Anx-N17 bearing No.PSC 916 (PART-17) RTB-2/17-18/1442-1445 dated - 9 - HC-KAR NC: 2025:KHC:31322-DB WP No. 23822 of 2025 12/03/25; Anx-N18 bearing No.PSC 916 (PART-18) RTB-2/17-18/1080 dated 27/01/25; Anx-N19 bearing No.PSC 916 (PART-19) RTB-2/17-18/1427- 1438 dated 11/03/25; Anx-N20 bearing No.PSC 916 (PART-20) RTB-2/17-18/1442-1445 dated 12/03/25; Anx-N21 bearing No.PSC 916 (PART-21) RTB-2/17-18/1442-1445 dated 12/03/25; Anx-N22 bearing No.PSC 916 (PART-22) RTB-2/17-18/1079 dated 27/01/25; and, Anx-N23 bearing No.PSC 916 (PART-23) RTB-2/17-18/1078 dated 27/01/25 carried out by the Respondent-2 pertaining to the Recruitment Notification No. R (2) 3567/17-18/PSC dated 19/02/2018 (Annexure-A) for filling 1520 posts of Junior Training Officers, and to place the report before this Honourable Court; 3. Issue any other directions deemed fit and proper, in the interest of Justice and Equity.” 2. Heard learned counsel Sri.N.S.Vijayanth Babu for petitioners and learned Additional Government Advocate Sri.B.Ravindranath who has taken notice for respondent Nos.1, 3 and 4. Perused the entire writ petition papers. - 10 - HC-KAR NC: 2025:KHC:31322-DB WP No. 23822 of 2025 3. Learned counsel for the petitioners would submit that the petitioners are candidates for the ‘Junior Training Officers’ Post in pursuance to notification dated 19.02.2018 (Annexure-A). Learned counsel for the petitioners would further submit that under Annexure-A, notification dated 19.02.2018, the second respondent – KPSC invited applications from the eligible candidates to fill up the various posts including the post of Junior Training Officers. Now, under the Standard Operating Procedure dated 13.10.2023 (Annexure-G) laid down certain criteria in addition to the criteria laid down under the recruitment notification dated 19.02.2018 (Annexure-A). Learned counsel for the petitioners would submit that Annexure-G is contrary to Annexure-F, direction issued by the Co-ordinate Bench of this Court in W.P.No.12958/2022 and Connected Matters dated 24.07.2023. Further, learned counsel would submit that during the course of the recruitment process, the terms of eligibility are changed and further he submits that there - 11 - HC-KAR NC: 2025:KHC:31322-DB WP No. 23822 of 2025 cannot be any change in the selection criteria during the course of selection process. Learned counsel would submit that it would amount to changing the rules once the game is commenced. 4. To the Court query with regard to maintainability of the writ petition before this Court, when the alternate remedy before a special forum created under the Administrative Tribunals Act, 1985 (for short, ‘1985 Act’) is available, learned counsel for the petitioners would submit that the writ petition would be maintainable as the rights of the parties i.e., petitioners to participate in the selection process is affected and also he submits that Annexure-G is contrary to the earlier directions of this Court. Further, learned counsel would submit that the alternate remedy available under 1985 Act would not be a bar when the illegality is pointed out before this Court. Further, learned counsel also contended that the petitioners are not the Government servants. Hence, they need not approach the Tribunal under 1985 Act. It is his - 12 - HC-KAR NC: 2025:KHC:31322-DB WP No. 23822 of 2025 specific contention that in the matter of recruitment, the petitioners need not approach the tribunal under 1985 Act. Thus, learned counsel would pray for entertaining the writ petition before this Court. 5. Having heard the learned counsel appearing for the parties and on perusal of the entire writ petition papers, we are of the considered view that the writ petition would not be maintainable at this stage before this Court for the following reasons. 6. Admittedly, the petitioners are the applicants for the post of Junior Training Officers in pursuance to Annexure-A, notification dated 19.02.2018. The petitioners have not approached the Tribunal for redressal of their grievance, but have approached this Court directly. The state under 1985 Act has constituted Administrative Tribunal to redress the grievance of the government servants and matter related thereto, including recruitment. Section 15 of the 1985 Act lays down the - 13 - HC-KAR NC: 2025:KHC:31322-DB WP No. 23822 of 2025 jurisdiction, powers and authority of State Administrative Tribunals, which reads as follows: “15. Jurisdiction, powers and authority of State Administrative Tribunals.— (1) Save as otherwise expressly provided in this Act, the Administrative Tribunal for a State shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court) in relation to— (a) recruitment, and matters concerning recruitment, to any civil service of the State or to any civil post under the State; (b) all service matters concerning a person not being a person referred to in clause (c) of this sub-section or a member, person or civilian referred to in clause (b) of sub-section (1) of section 14 appointed to any civil service of the State or any civil post under the State and pertaining to the service of such person in connection with the affairs of the State or of any local or other authority under the control of the State Government or of any corporation or - 14 - HC-KAR NC: 2025:KHC:31322-DB WP No. 23822 of 2025 society owned or controlled by the State Government; (c) all service matters pertaining to service in connection with the affairs of the State concerning a person appointed to any service or post referred to in clause (b), being a person whose service have been placed by any such local or other authority or corporation or society or other body as is controlled or owned by the State Government, at the disposal of the State Government for such appointment. (2) The State Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-section (3) to local or other authorities and corporations or societies controlled or owned by the State Government: Provided that if the State Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this sub-section in respect of different classes of, or different categories under any class of, local or other authorities or corporations or societies. - 15 - HC-KAR NC: 2025:KHC:31322-DB WP No. 23822 of 2025 (3) Save as otherwise expressly provided in this Act, the Administrative Tribunal for a State shall also exercise, on and from the date with effect from which the provisions of this sub-section apply to any local or other authority or corporation or society, all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court) in relation to— (a) recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation or society; and (b) all service matters concerning a person [other than a person referred to in clause (b) of sub-section (1) of this section or a member, person or civilian referred to in clause (b) of sub-section (1) of section 14] appointed to any service or post in connection with the affairs of such local or other authority or corporation 4 [or society] and pertaining to the service of such person in connection with such affairs. (4) For the removal of doubts, it is hereby declared that the jurisdiction, powers and authority - 16 - HC-KAR NC: 2025:KHC:31322-DB WP No. 23822 of 2025 of the Administrative Tribunal for a State shall not extend to, or be exercisable in relation to, any matter in relation to which the jurisdiction, powers and authority of the Central Administrative Tribunal extends or is exercisable.” 7. Clause 1(a) of Section 15 of 1985 Act makes it abundantly clear that the State Administrative Tribunal has jurisdiction in relation to recruitment, and matters concerning recruitment, to any civil service of the State or to any civil post under the State. Therefore, the contention of the learned counsel for the petitioners that in the matter of recruitment one need not approach the Tribunal is unsustainable and opposed to Section 15 of 1985 Act. The Hon’ble Apex Court in the case of L.CHANDRA KUMAR – VS. UNION OF INDIA AND OTHERS1 has made it clear that Tribunal is the Court of first instance and when a special forum under statute is created, it is for the petitioners to approach the Tribunal at the first instance. 1 (1997) 3 SCC 261 - 17 - HC-KAR NC: 2025:KHC:31322-DB WP No. 23822 of 2025 8. The contentions raised with regard to merit of the writ petition needs to be considered by the appropriate forum i.e., the Tribunal and it is open for the petitioners to approach the Tribunal under 1985 Act. 9. With liberty to the petitioners to approach the Tribunal, the present writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 0