Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 5841 (KAR)

SMT. FATHIMA W/O MEHABUB SAB v. THE DEPUTY COMMISSIONER

WP/102338/2023 · 2026-02-16

K S Hemalekha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC-D:2373 WP No. 102338 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 102338 OF 2023 (S-RES) BETWEEN: SMT. FATHIMA W/O. MEHABUB SAB AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O. MUKKUMPI, TQ: GANGAVATHI, DIST: KOPPAL. …PETITIONER (BY SMT. YALAGI KAVYA SHIVAPPA, ADVOCATE FOR SRI. H.N.GULARADDI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KOPPAL DISTRICT, KOPPAL-583231. 2. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH KOPPAL, TQ. AND DIST: KOPPAL-583231. 3. THE CHEIF EXECUTIVE OFFICER TALUK PANCHAYATH OFFICE, GANGAVATHI-583231. 4. THE PANCHAYATH DEVELOPMENT OFFICER VILLAGE PANCHAYATH CHIKKABENAKAL, TQ: GANGAVATHI, DIST: KOPPAL-583231. 5. SMT. RAJIYA BEGUM W/O. SYED SAB AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O. MUKKUMPI, TQ: GANGAVATHI, DIST: KOPPAL-583231. …RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA FOR R1; NOTICE TO R2 TO R5 ARE SERVED) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.20 11:36:23 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2373 WP No. 102338 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION AND QUASH THE IMPUGNED ORDER DATED 29/12/2022 IN NO.TA.PANM. GAM/A.DA/NEMAKATHI/2022-23/61, PASSED BY THE 3RD RESPONDENT PRODUCED AT ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY; AND ETC. THIS WRIT PETITION COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER 1. The petitioner has called in question the impugned order dated 29.12.2022 passed by respondent No.3 (Annexure-A) and further sought a direction to respondent Nos.3 and 4 to consider the representation dated 12.12.2022 (Annexure–N) submitted in respect of candidature for the post of Kitchen Helper. 2. Learned counsel on both sides submit that respondent No.5 was selected under a temporary selection list for the post of Kitchen Helper in the Government Primary School at Mukkuppi Village for a period of ten months. - 3 - HC-KAR NC: 2026:KHC-D:2373 WP No. 102338 of 2023 3. Learned counsel for the petitioner submits that the said period of ten months has already lapsed and respondent No.5 has been continued in the said post on temporary basis and that no final selection list has been issued. 4. Learned Addl. Government Advocate appearing for the respondent-State submits that respondent No.5 has been continued as Kitchen Helper pursuant to the order dated 29.12.2022 and that steps are being initiated to fill up the post on a regular basis. It is further submitted that, on account of pendency of the present writ petition, notification for regular appointment could not be issued, but the authority now proceeded to issue notification and fill up the post strictly in accordance with law. The said submission is placed on record. 5. Having regard to the submissions made, and on perusal of the material on record, it is evident that the - 4 - HC-KAR NC: 2026:KHC-D:2373 WP No. 102338 of 2023 selection of respondent No.5 was only for a temporary period of 10 months, the said period has already been expired during the pendency of this writ petition. In view of the submission made by the State, steps would be taken to issue notification and fill up the post in accordance with law and considering that the temporary tenure has already lapsed by efflux of time, this Court is of the opinion that no further adjudication on merits is warranted. 6. In view of the above, the writ petitions stands disposed of. Sd/- JUSTICE K.S.HEMALEKHA gab Ct:VH List No.: 1 Sl No.: 51