Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:14595-DB WP No. 8054 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 8054 OF 2026 (S-KSAT) BETWEEN:
1.
SRI. MELAPPA AMMALAJERI, S/O PARAPPA AMMALAJERI, AGED ABOUT 47 YEARS, PHARMACIST ART CENTRE, TALUK GOVERNMENT HOSPITAL, JAMAKHANDI, BAGALKOT DISTRICT 587301.
2.
SRI MAHESHGOUDA V PATIL, S/O VASANGOUDA V PATIL, AGED ABOUT 39 YEARS, PHARMACIST ART CENTRE, DISTRICT HOSPITAL, DHARWAD 580001. …PETITIONERS (BY SRI VIJAYA KUMAR, ADVOCATE) AND:
1.
THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, 9TH FLOOR, CHNDRALOKA BUILDING, 36 JANPATH, NEW DELHI 110001.
Digitally signed by VINUTHA B S Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:14595-DB WP No. 8054 of 2026
2.
THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, M S BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU 560001.
3.
THE MEMBER SECRETARY, SPECIAL SELECTION AUTHORITY AND CHIEF ADMINISTRATIVE WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, BENGALURU 560023.
4.
THE PROJECT DIRECTOR, KARNATAKA STATE AIDS PREVENTION SOCIETY, LEPROSY HOSPITAL COMPLEX, AROGYA SOUDHA, 4TH FLOOR, 1ST CROSS, MAGADI ROAD, BENGALURU 560023. …RESPONDENTS (BY SRI V. SHIVAREDDY, AGA FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 09/10/2024 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU IN APPLICATION Nos. 5174-5198/2022 VIDE (ANNEXURE-A IN SO FAR AS PETITIONERS CONCERNED ONLY APPLICATION Nos.
5182-5192) AND ALLOW THE APPLICATION AS PRAYED FOR.
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
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HC-KAR NC: 2026:KHC:14595-DB WP No. 8054 of 2026
ORAL ORDER (PER: HON'BLE MR. JUSTICE K.V. ARAVIND)
Heard Sri Vijaya Kumar, learned counsel for the petitioners and Sri V. Shivareddy, learned Additional Government Advocate for respondent Nos.2 and 3.
2. The present writ petition is filed by applicant Nos. 9 and 19 in Application Nos.5174 to 5198 of 2022, assailing the order dated 09.10.2020 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short, ‘Tribunal’).
3. The petitioners, along with the other 23 applicants, preferred applications before the Karnataka State Administrative Tribunal challenging the recruitment notifications dated 24.02.2022 and 02.09.2022 and seeking further reliefs. The Tribunal, by the impugned order, rejected the applications.
4. Sri. Vijaya Kumar, learned counsel for the petitioners, submits that some applicants referred to in the impugned order are before this Court in Writ Petition No. 25975/2024. It is further submitted that the petitioners are similarly placed.
Learned counsel, therefore, submits that in view of the
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HC-KAR NC: 2026:KHC:14595-DB WP No. 8054 of 2026
pendency of the aforesaid writ petition, this writ petition may also be entertained.
5. V. Shivareddy, learned Additional Government Advocate appearing for respondent Nos. 2 and 3, submits that the writ petition is belated and is liable to be rejected on the ground of delay and laches.
6. We have considered the submissions made by learned counsel for the petitioners and learned Additional Government Advocate for respondent Nos.2 and 3.
7. It is submitted that the order dated 09.10.2023, which is impugned herein, is the subject matter before this Court in Writ Petition No. 25975/2024. In view of the pendency of the said writ petition, any observations made in the present writ petition may prejudice the rights of the parties. Having regard to the
order that we propose to pass, we refrain from making any observations on the merits of the matter.
8. The order of the Tribunal is dated 09.10.2023. Some of the applicants are before this Court in Writ Petition No. 25975/2024. This Court has considered the said writ petition on
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HC-KAR NC: 2026:KHC:14595-DB WP No. 8054 of 2026
several occasions and interim directions have been issued to the State Government. The State Government has sought time for further verification and to seek instructions in the matter. 8.1 It appears that the petitioners have not been diligent litigants. After the impugned order of the Tribunal, the petitioners remained fence-sitters, awaiting the outcome of the petition pending before this Court. It appears that, upon noticing the observations made and the progress in the pending matter, the present writ petition has been filed. 8.2 Litigants having a bona fide grievance are entitled to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. However, the petitioners have not explained the delay in filing the present writ petition for a period of more than two years. In the absence of any explanation, the petition is liable to be dismissed on the ground of delay and laches. 8.3 It is true that no period of limitation is prescribed for filing a writ petition. However, the same cannot be invoked at any indefinite point of time. A person aggrieved must avail the
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HC-KAR NC: 2026:KHC:14595-DB WP No. 8054 of 2026
remedy within a reasonable time. In the present case, the delay of more than two years cannot be said to be reasonable so as to warrant entertaining this writ petition.
9. In view of the above, the writ petition is liable to be dismissed on the ground of delay and laches. Accordingly, it stands dismissed.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (K. V. ARAVIND) JUDGE
MV List No.: 1 Sl No.: 29