IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.51321 OF 2019 (S RES) BETWEEN:
1. SRI.AMITH.S S/O SRI.SIDDALINGAIAH, AGED ABOUT 27 YEARS, R/O SRI.JEUKALLU SIDDESHWARA NILAYA, OPPOSITE TO JNN COLLEGE, MADHUVANA COLONY, SHIVAMOGGA – 577 201.
2. SRI.BASAVARAJ PALKI S/O SRI. SHARANAPPA PALKI AGED ABOUT 28 YEARS, R/A NO.13, WARD NO.01, KALKERI POST, SINDAGI TALUK, VIJAYAPURA DISTRICT – 586 118.
3. SRI.ANIL IRAPPA SAGAR S/O IRAPPA SAGAR, AGED ABOUT 27 YEARS, R/A NO.875, MARUTHI JANATA PLOT, BASAVANABAGEWADI TALUK, VIJAYAPURA DISTRICT – 586 121.
(BY SRI.H.S.PRASHANTH, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY CHIEF SECRETARY, VIDHANASOUDHA, AMBEDKAR BEEDI, BENGALURU – 560 001.
... PETITIONERS 2. UNDER SECRETARY TO GOVT. (I/C), PUBLIC WORKS, PORTS & INLAND WATER TRANSPORT DEPARTMENT (SERVICE-B), VIKASA SOUDHA, AMBEDKAR BEEDI, BENGALURU – 560 001.
3. THE CHAIRMAN SPECIAL RECRUITMENT COMMITTEE, COMMUNICAITON & BUILDINGS (SOUTH), PUBLIC WORKS DEPARTMENT, K.R.CIRCLE, BENGALURU – 560 001.
4. THE CHIEF ENGINEER COMMUNICATION & BUILDINGS (SOUTH), PWD, KR CIRCLE, BENGALURU – 560 001.
5. THE EXECUTIVE DIRECTOR KARNATAKA EXAMINATION AUTHORITY, 18TH CROSS, SAMPIGE ROAD, MALLESHWARAM, BENGALURU – 560 003.
... RESPONDENTS (BY SRI.C.N.MAHADESHWARAN, AGA FOR R1, R2, R4 & 5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 31.10.2019 PASSED BY RESPONDENT NO.2 VIDE ANNEXURE – A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This writ petition involves a dispute relating to the recruitment to State Public Service and therefore, petitioners have an alternative and efficacious remedy which they can avail under Section 19 of the Administrative Tribunals Act, 1985 as held by the Apex Court in the case of S.P. SAMPATH KUMAR VS UNION OF INDIA & ORS, 1987 SCR (3) 233, as rightly pointed out by the learned AGA Sri.C.N. Mahadeshwaran who has accepted notice for respondents No.1, 2, 4 & 5.
2. To facilitate, the petitioners availing the alternate remedy by approaching Karnataka Administrative Tribunal, a short reprieve needs to be granted to them; that is, that no precipitatory action shall be taken by the respondents under the impugned order dated 31.10.2019, a copy whereof is at Annexure-A for a period of three weeks.
Accordingly, the writ petition is disposed off. No costs.
Sd/- JUDGE UN