IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 50827 OF 2019 (S-PRO) BETWEEN:
DR RAMAKRISHNA B NALWAR, S/O SRI BHIMARAO, AGED ABOUT 57 YEARS, R/O NO 302, SUKRUTHI THE AUSPICIOUS APARTMENT MAHALAXMI LAYOUT, BANGALORE - 560053 … PETITIONER (BY SRI. SHASHIKIRAN SHETTY, SENIOR COUNSEL FOR MS. SOWMYA SRIDHAR, ADVOCATE) AND:
1. PRINCIPAL SECRETARY, DEPARTMENT OF LABOUR, GOVERNMENT OF KARNATAKA, VIKAS SOUDHA, BENGALURU – 560001.
2. ADDITIONAL SECRETARY (ADMIN AND MANAGEMENT DEPARTMENT OF LABOUR GOVERNMENT OF KARNATAKA, VIKAS SOUDHA, BENGALURU – 560001.
3. STATE OF KARNATAKA, REP BY ITS SECRETARY, AMBEDKAR VEEDHI, VIDHANA SOUDHA, BENGALURU – 560001.
4. MANORANJANI, AGE-MAJOR, D/O NOT KNOWN DEPARTMENT OF E.S.I.S MEDICAL SERVICE, RAJAJINAGAR, BANGALORE 560010.
… RESPONDENTS (BY SRI. PRABHULING K NAVADGI, ADVOCATE GENERAL AND SRI. SUBRAMANYA R, FOR SRI. C N MAHADESHWARA, AGA FOR R1 TO 3; SRI. VIJAY KUMAR, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTORARI ANNUL THE PHRASE SENIOR SPECIALIST AS A CRITERIA IN METHOD OF RECRUITMENT FOR THE POST OF DIRECTOR, KARNATAKA STATE EMPLOYEE INSURANCE DEPARTMENT IN KARNATAKA EMPLOYEES STATE INSURANCE SCHEME (MEDICAL) SERVICES RECRUITMENT RULES, 2007 DATED 7TH DECEMBER, 2007 VIDE ANNEXURE-A AS CAPRICIOUS AND ARBITRARY, HENCE VOID.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The grievance of the petitioner cannot properly be addressed by the Writ Court since he has an alternate and equally efficacious statutory remedy under Section 19 of the Administrative Tribunals Act, 1985 in the light of decision of the Apex Court in L CHANDRAKUMAR VS. UNION OF INDIA, 1997 (2) SCR 1186 and therefore, he is relegated to the jurisdictional Tribunal keeping open all contentions including one for the grant of interim relief.
Writ petition is disposed off accordingly.
Sd/- JUDGE Bsv