IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION No.5381 OF 2019 (S-RES) BETWEEN:
Sri. Parameshwarappa S/o late M. Sannappa, Aged about 56 years, Resident of No.107, 4th E Cross, Kasthurinagara, Bengaluru – 560 043. …Petitioner (By Sri. Sharathchandra .R, Advocate) AND:
1. The Registrar General High Court of Karnataka, High Court Building, Dr. Ambedkar Veedhi, Bengaluru – 560 001.
2. The Department of Law and Justice and Parliamentary Affairs, Vidhana Soudha, Bengaluru – 560 001. Represented by its Principal Secretary, Through Advocate General, Bengaluru City. …Respondents (By Smt. M.S. Prathima, AGA) This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order of notification dated 12.12.2018, issued 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 In the instant petition, petitioner has sought for quashing of Annexure-A notification dated 12.12.2018 relating to selection and appointment to the post of District Judges in terms of the Karnataka Judicial Service (Recruitment) Rules, 2004 and Amendment Rules 2011, 2015 and 2016.
2. Petitioner is stated to be an Ex-Serviceman, who was aged about 56 years. His grievance is that he is entitled for age relaxation. Unless and until relevant provision and its validity is questioned, petitioner has no right to question only the notification, where the age limit has been prescribed. In the absence of challenge to the relevant rules prescribing the age limit criteria, the petitioner has not made out a case so as to interfere with the Annexure-A. Accordingly, writ petition is dismissed reserving liberty to the petitioner to question the validity of the relevant clause in the rules, in the event he intends to.
Sd/- JUDGE MBM