IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION Nos.63852-63864/2016 (SCST) Between:
1. S.B.Suresh, S/o Sri Basappa, Aged about 40 years, Advocate, No.264, 7th Cross, Jakkur Layout, Yelahanka, Bangalore – 560 064.
2. Ramanjinappa A., S/o Anajanppa, Aged about 45 years, Advocate, No.14, 18th Floor, 2nd Main, Near Devaiah Park, Maruthi Extension, MKK Road, Bangalore – 560 021.
3. G.M. Ravi Kumar S/o Muthyala, Aged about 49 years, Advocate, No.28, 13th Cross, Opp. Kanday Bhavan, Cubbon Pet, Bangalore – 560 002.
4. H.N. Tharesh, S/o R.Nagendrappa, Aged about 37 years, Advocate, No.38, ML Layout, CN Palaya, Nagasandra, Bangalore – 560 073.
5. M. Rajesh, S/o Late P.C.Muniswamaiah Ex MLA, Advocate, No.7, 1st Cross, N H Colony, Subedar Palya, Yeshvanthpura, Bangalore – 560 022.
6. M. Kumbaiah, S/o Mara Hanumaiah, Aged about 59 years, Advocate & Senior Member, Karnataka State SC/ST Commission, No.14/3, 2nd Floor, CFC Building, Nrupathunga Road, Bangalore – 560 001.
7. Theertha, S/o Thimmaiah, Aged about 43 years, Advocate, 64/4, 1st Floor, Senor Complex, Near BT Training Institute, Magadi Road, Kamakshipalya, Bangalore – 560 079.
8. Durgasihma Myageri, S/o Dasappa, Aged about 65 years, Advocate, Durga Niwas, Jyothi Nagar, Belagavi.
9. Aswatha Narayana Naik, S/o Narayana Naik, Aged about 46 years, Advocate, No.3, 5th Cross, Visweswaraiah Layout, Sidedahally Main Road, Near Bone Mill Factory, Hesaraghatta Main Road, Bangalore – 560 073.
10. Bopanna, S/o Harijana Aiyappa, Aged about 52 years, Advocate, No.8/1, SLV Complex, Link Road, Sheshadripuram, Bangalore – 560 020.
11. Bangara Nayaka, S/o Srinivasas Nayaka, Aged about 35 years, Advocate, No.1, 10th Cross, Cubbonpet, Bangalore – 560 002.
12. B.C. Rajanna, S/o Late Chikkanna, Aged about 51 years, Advocate, No.51, 8th F Main, Byraweshwara Nagar, Nagarabavi, Bangalore - 560 072.
13. B.N. Sridharana, S/o Late Nanjappa, Aged about 43 years, Advocate, No.4057, Somashekar Reddy Building, Huskur Gate, Electronic City Post, Bangalore – 560 100. … Petitioners (By Sri Akkamahadevi Hiremath, Advocate) And:
1. Chief Secretary, Government of Karnataka, Vidhanasoudha, Bangalore – 560 001.
2. Principal Secretary, Department of Social Welfare, Vikasasoudha, Bangalore – 560 001.
3. Sri A. Muniyappa, Chairman, The Karnataka State Commission for Schedule Castes & Schedule Tribes, No.14/3, 2nd Floor, CFC Building, Nrupathunga Road, Bangalore – 560 001.
4. The Karnataka State Commission for Schedule Caste and Schedule Tribes, Represented by the Member Secretary, No.14/3, 2nd Floor, CFC Building, Nrupathunga Road, Bangalore – 560 001. … Respondents (By Smt. Savithramma, HCGP for R-1 & R-2; Sri M. Shivaprakash, Advocate for R-3;
Sri A.H.Sunitha, Advocate for R-4) These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to quash Annexure-J the appointment order dated 02.11.2016 issued by the respondent No.2 in favour of respondent No.3 as Chairman of the SC/ST Commission and etc.
These Writ Petitions coming on for Orders, this day, the Court made the following:
ORDER The petitioners had challenged the appointment of respondent No.3 as Chairman of the Karnataka State Commission for Scheduled Castes and Scheduled Tribes.
2. The learned counsel appearing for the respondent No.4 has filed a memo and has produced copy of the notification dated 29.05.2018 whereby, the appointment of respondent No.3 has been terminated. Accordingly, prayer (a) does not survive for consideration.
3. Insofar as prayer (b) is concerned, whereby the petitioners have sought for an issuance of writ of mandamus directing the respondent Nos.1 and 2 to consider the representation of petitioner No.6 for appointment as Chairman of the Karnataka State Commission for Scheduled Castes and Scheduled Tribes. It is open to the Government to examine the representation of petitioner No.6 in accordance with law.
These petitions are accordingly disposed of.
Sd/- JUDGE VGR