- 1 - HC-KAR NC: 2026:KHC:9314-DB WP No. 16449 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 16449 OF 2025 (S-KSAT) BETWEEN: KRISHNAPPA NAIK S/O VENKATAPPA AGED ABOUT 52 YEARS R/AT NO.144, 7TH CROSS ROAD, GANESH NAGAR NEAR AMBADEVI TEMPLE, HUNNURA, JAMAKANDI TALUK, BAGALKOT DISTRICT -587119. …PETITIONER (BY SRI. SRINIVAS V., ADV.) AND: 1. STATE OF KARNATAKA REPRESENTED BY SECRETARY TO FIRE AND EMERGENCY SERVICES KARNATAKA. 2. THE DIRECTOR GENERAL OF FIRE AND EMERGENCY SERVICES KARNATAKA NO.1, ANNASWAMY MUDALIAR ROAD BANGALORE -42. 3. THE DEPUTY INSPECTOR GENERAL OF POLICE AND CHAIRMAN, FIRE RECRUITMENT SAMATHI KARNATAKA STATE FIRE AND EMERGENCY SERVICES, Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9314-DB WP No. 16449 of 2025 NO.1, ANNASWAMY MUDALLAR ROAD BANGALORE -42. 4. SANTOSH APPLICATION NO.1287343 C/O THE DIRECTOR GENERAL OF FIRE AND EMERGENCY SERVICES KARNATAKA, NO.1, ANNASWAMY MUDALLAR ROAD BANGALORE 42. …RESPONDENTS (BY SRI. V SHIVAREDDY, AGA FOR R1 TO R3) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OF LIKE NATURE AND QUASH THE ORDER PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN APPLICATION NO.3607/2024 ON 12.03.2025 VIDE AT ANNEXURE-J TO THE WRIT PETITION AND ALLOW THE APPLICATION FILED THE PETITIONER IN APPLICATION NO. 3607/2024 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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) Petitioner, being aggrieved by order dated 12.03.2025 in Application No.3607/2024 passed by Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’), rejecting his prayer to quash endorsement dated 05.01.2024, whereunder the - 3 - HC-KAR NC: 2026:KHC:9314-DB WP No. 16449 of 2025 petitioner's name was deleted from the select list of Firefighters, as he was declared unfit by the Medical Board and also rejecting the petitioner's prayer to quash the select list, is before this Court under Article 226 of the Constitution. 2. Heard learned counsel Sri.Srinivas.V., for petitioner and learned Additional Government Advocate Sri.V.Shivareddy for respondent Nos.1 to 3. Perused the entire writ petition papers. 3. It is stated that the petitioner is an Ex-army personnel and he retired from army on 28.02.2016. It is stated that in pursuance to the notification calling applications to fill up the post of Fireman in the Department of Fire and Emergency Services, the petitioner is said to have submitted his application. The petitioner participated in the selection process and his name appeared in the provisional select list dated 24.05.2023. It is stated that the petitioner suffered injury in a motor - 4 - HC-KAR NC: 2026:KHC:9314-DB WP No. 16449 of 2025 vehicle accident that took place on 22.06.2023, where he had suffered fracture of left tibia shaft segmental. The petitioner was subjected to medical examination on 24.07.2023 before the Medical Board for selection to the post of Fireman. The Medical Board on examination of the petitioner, by its report, declared the petitioner unfit for the post of Fireman. Based on the said medical report, the petitioner was issued with an endorsement on 05.01.2024. Thereafter, final select list was published on 07.02.2024, whereunder the petitioner was not selected. The petitioner approached the Tribunal in the above stated application questioning the endorsement, whereunder the petitioner's name was deleted from the select list. The Tribunal under impugned order dismissed the said application holding that as on the date of medical examination, the petitioner was not medically fit and that there is no arbitrariness in the Medical Board’s Declaration. Questioning the said order of the Tribunal as well as his non-selection, the petitioner is before this Court in this writ petition. - 5 - HC-KAR NC: 2026:KHC:9314-DB WP No. 16449 of 2025 4. Learned counsel Sri.Srinivas.V., for petitioner would contend that due to the accident that took place on 22.06.2023 and the fracture of left tibia shaft segmental suffered by the petitioner, the petitioner could not pass the medical test, which was conducted on 24.07.2023. Learned counsel to establish that he had suffered fracture, places reliance on Annexure-A4, Discharge Summary of SDM College of Medical Sciences and Hospital, Dharwad. He submits that the petitioner was admitted to the SDM College of Medical Sciences and Hospital, Dharwad on 22.06.2023 and was discharged on 03.07.2023. Learned counsel further submits that the discharge summary would indicate that he had suffered left tibia shaft segmental fracture. As such, the petitioner shall be given one more opportunity before the Medical Board to establish his fitness for the post of Fireman. 5. Learned counsel also files affidavit dated 16.02.2026 of the petitioner stating that he had not - 6 - HC-KAR NC: 2026:KHC:9314-DB WP No. 16449 of 2025 lodged FIR in respect of the accident which he had suffered on 22.06.2023. Further, the affidavit also states that medical expenses with regard to the injuries sustained and treatment taken was borne by the owner of the offending vehicle. 6. Learned Additional Government Advocate Sri.V.Shivareddy would submit that the petitioner has not proved the accident. As such, the petitioner would not be entitled for any relief as prayed for. 7. Having heard the learned counsel appearing for the parties and on perusal of the entire writ petition papers, we are not inclined to interfere with the order passed by the Tribunal for the following reasons: The petitioner was provisionally selected for the post of Fireman. When he was subjected to medical test, he was declared as unfit by the Medical Board. Learned counsel for the petitioner contended that the petitioner had sustained fracture of left tibia segment due to the - 7 - HC-KAR NC: 2026:KHC:9314-DB WP No. 16449 of 2025 accident he had suffered on 22.06.2023. Though the petitioner has placed on record discharge summary of SDM College of Medical Sciences and Hospital, Dharwad to indicate that he was admitted on 22.06.2023 and was discharged on 03.07.2023 and also to state that the petitioner had suffered fracture of left tibia shaft segmental, the petitioner has not placed on record any material to indicate the accident which he is said to have suffered on 22.06.2023. 8. According to the petitioner, no FIR was registered by him for the accident that occurred on 22.06.2023. The minimum requirement for establishing a road traffic accident would be FIR. In the absence of any material to establish the motor vehicle accident that is said to have been suffered by the petitioner, it is very difficult to believe the petitioner's version that he had suffered accidental injuries on 22.06.2023. Moreover, the SDM College of Medical Sciences and Hospital has not forwarded MLC to the police. Further, the opinion of the - 8 - HC-KAR NC: 2026:KHC:9314-DB WP No. 16449 of 2025 Medical Board an expert body declaring petitioner unfit, cannot be gone into in this writ petition under Article 226 of the Constitution of India. This Court would not sit in appeal over the opinion of the Medical Board. 9. In the above circumstances, there is no reason to interfere with the order passed by the Tribunal. Accordingly, writ petition stands dismissed. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 44