Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:21466-DB WP No. 26620 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 26620 OF 2023 (S-KSAT) BETWEEN:
1.
PRADEEP KUMAR Y., S/O BHARMAPPA, AGED ABOUT 35 YEARS, WORKING AS VILLAGE ACCOUNTANT MULAKATTE CIRCLE, NAGAMANGALA TALUK, MANDYA DISTRICT-571401, R/AT SARAMGALA KOPPALILLU VILLAGE, BINDIGANAVILE VILLAGE, NAGAMANGALA TALUK, MANDYA DISTRICT-571401. …PETITIONER (BY SRI RAMAKRISHNA N., ADVOCATE)
AND:
1.
THE DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA-571401.
2.
THE THASILDHAR, NAGAMANGALA TALUK, MANDYA DISTRICT-571401. …RESPONDENTS (BY SRI K. R. RAJENDRA, AGA FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
ORDER DATED 17.11.2023 PASSED BY KARNATAKA STATE
Digitally signed by VINUTHA B S Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:21466-DB WP No. 26620 of 2023
ADMINISTRATIVE TRIBUNAL IN APPLICATION No. 845/2023, CERTIFIED COPY OF WHICH IS MARKED AS ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY.
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)
Heard learned counsel Sri. N. Ramakrishna for the petitioner and learned AGA Sri. K.R. Rajendra for respondent Nos.1 and 2.
2. The petitioner is before this Court aggrieved by
order dated 17.11.2023 in Application No.845/2023 whereby the petitioner's challenge to
order dated 07.02.2023 (Annexure-A5) directing the Tahsildar to subject the petitioner to a medical examination at All India Institute of Speech and Hearing, Mysore (for short, 'AIISH') with regard to his physical disability, has been rejected.
3. The petitioner was selected and appointed as Village Accountant in the quota meant for physically challenged persons. It is stated that the service of the petitioner was
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HC-KAR NC: 2026:KHC:21466-DB WP No. 26620 of 2023
confirmed. It is also stated that before issuing the appointment
order, the petitioner appeared before Government Hospital for medical examination at Hospet Division, Ballary District and the said Hospital issued a certificate on 10.04.2011 stating that the applicant has suffered 60% of hearing impairment. It is further stated that the applicant has appeared before the AIISH, and AIISH had issued a Medical Report dated 28.12.2017 stating that the petitioner suffers disability of a bilateral Sensorinueral hearing loss of 76%, which is not placed on record. It is the case of the petitioner that, once he has undergone medical examination and when the Medical Board has issued certificate certifying that he suffers 76% disability, again the respondents could not have subjected the petitioner for medical examination. The Tribunal by its order dated 17.11.2023, rejected the petitioner's challenge holding that the action of the respondents is in accordance with the law.
4. Having heard the learned counsel 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 as well as Annexure-F letter dated 22.11.2023.
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HC-KAR NC: 2026:KHC:21466-DB WP No. 26620 of 2023
5. It is an admitted fact that the petitioner was appointed as Village Accountant under quota meant for physically challenged persons. On a complaint received with regard to the disability of the petitioner, the authorities have taken a decision to refer the petitioner for medical examination at the AIISH. It is not known as to why the petitioner is hesitant to undergo the medical examination. The AIISH is a specialized Institute with regard to speech and hearing. The petitioner claims disability with regard to speech and hearing therefore, appropriately, the respondent-authorities have referred the petitioner to undergo medical test at AIISH.
6. We do not find any merit in the writ petition. If the petitioner undergoes the medical test at AIISH, no prejudice would be caused to the petitioner. Writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE
Sd/- (K. V. ARAVIND) JUDGE
VBS/ List No.: 2 Sl No.: 20