Manjunatha Bharadwaj B S vs State Of Karnataka
2023 Latest Caselaw 2633 Kant

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                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                  DATED THIS THE 26TH DAY OF MAY, 2023

                                                BEFORE
                                THE HON'BLE MR. JUSTICE E.S. INDIRESH
                                WRIT PETITION NO.5009 OF 2023 (S-RES)
                                                    C/W
                                   WRIT PETITION NOS. 5820 OF 2023
                               5833 OF 2023, 5879 OF 2023, 5916 OF 2023,
                               5923 OF 2023, 5987 OF 2023, 6237 OF 2023
                                    6258 OF 2023 AND 6640 OF 2023

                       IN WP NO.5009 OF 2023
                       BETWEEN:

                       1.    MANJUNATHA BHARADWAJ B.S.
                             S/O SHAMASUNDARA MURTHY B.N.
                             AGED ABOUT 31 YEARS,
                             R/AT SREE LAKSHMI RANGANA MANE,
                             6TH CROSS, 80 FEET ROAD,
                             MAHALAKSHMI NAGARA,
                             BATAWADI,
                             TUMKUR - 572 103.
Digitally signed by
ARUN KUMAR M S
Location: HIGH COURT
OF KARNATAKA           2.    KIRAN KUMAR K.S.
                             S/O SHANKRAPPA GOWDA
                             AGED ABOUT 28 YEARS,
                             KAGEMARADU VILLAGE,
                             KADUR POST, HOSANAGARA TALUK,
                             SHIVAMOGGA DISTRICT - 577 418.

                       3.    PRADEEP GOGIRI
                             S/O MAHADEVAPPA
                             AGED ABOUT 31 YEARS,
                             BELUR POST,
                             BADAMI TALUK,
                             BAGALKOTE - 587 114.
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4.   HANUMANTAPPA ADAPPA ANDI
     S/O ADAPPA T. ANDI
     AGED ABOUT 31 YEARS,
     TALLINAL, HONNIGANUR POST,
     RON TALUK,
     GADAG DISTRICT - 582 209.

5.   KEMPARAJU S.S.
     S/O SIDDARAJU
     AGED ABOUT 31 YEARS,
     ARAKERE POST,
     SRIRANGAPATTANA TALUK,
     MANDYA DISTRICT - 571 415.

6.   PAVITRA N.
     W/O MOHAN K.U.,
     AGED ABOUT 33 YEARS,
     HALASAMUDRA, BUDAGUMPA POST,
     KARATAGI TALUK,
     KOPPAL DISTRICT - 583 229.

7.   JAYAMALA S.P.,
     W/O KIRAN KUMAR N.R.
     AGED ABOUT 31 YEARS,
     NEAR SRINIVASA KALYANA MANTAPA,
     NITTUR, GUBBI TALUK,
     TUMKUR DISTRICT - 572 126.

8.   RAGHAVENDRA J.V.
     S/O VIRUPAKSHAPPA,
     AGED ABOUT 33 YEARS,
     BATTALAKATTE VILLAGE, HADADI POST,
     DAVANAGERE DISTRICT - 577 525.

9.   SURESH WALMIKI
     S/O SHEKAPPA
     AGED ABOUT 32 YEARS,
     HIREMALUR POST,
     SHIGGAON TALUK,
     HAVERI DISTRICT - 581 205.
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10. GANGADHAR D.P.
    S/O PANCHAKSHRAPPA D.G.
    AGED ABOUT 30 YEARS,
    MELLEKATLE,
    DAVANAGERE - 577 512.

11. PUNDALIKAPPA BHOSALE
    S/O VISHANAPPA
    AGED ABOUT 35 YEARS,
    MACHENAHALLI POST,
    SHIRAHATTI TALUK
    GADAG DISTRICT - 577 229.

12. VINAYAK NAIK,
    S/O ANATH NAIK,
    AGED ABOUT 33 YEARS,
    NEAR KAGAL SOCIETY,
    KUMTA TALUK,
    UTTARA KANNADA DISTRICT - 581 351.

13. JAGADESHA K.G.
    GANGADARAPPA S.H.
    AGED ABOUT 38 YEARS,
    KABBALLA VILLAE, N.G. HALLI POST,
    HOSADURGA TALUK,
    CHITRADURGA DISRICT - 577 527.

14. VIDYASHREE PACADIGOUDRA
    D/O HOOVANA GOUDA
    AGED ABOUT 25 YEARS,
    BENAHAL POST,
    HUNAGUNDI, RONA TALUK,
    GADAG DISTRICT - 582 209.

15. SANTHOSHA H.N.
    S/O NINGEGOWDA H.K.
    AGED ABOUT 38 YEARS,
    HALEHALLI VILLAGE AND KOPPA POST,
    MADDUR TALUK,
    MANDYA DISTRICT - 571 425.
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16. PREETHI K.N.
    D/O NAGARAJAPPA
    AGED ABOUT 40 YEARS,
    CHALESHWARA TEMPLE STREET,
    NEAR BIG VEGETABLE MARKET,
    BELLARY - 583 101.

17. NINGARAJU CHALAKERI
    S/O NARASAPPA CHALAKERI
    AGED ABOUT 31 YEARS,
    AT BUDIHAL, KONCEHIKERI POST,
    SHIRAHATTI TALUK,
    GADAG DISTRICT - 562 123.

18. SIDDARAJA NAIKA
    S/O SHIVANNA NAIKA
    AGED ABOUT 30 YEARS,
    CHIKKATI VILLAGE AND POST,
    GUNDLUPET TALUK,
    CHAMARAJA NAGARA DISTRICT - 571 109.

19. PARVATI BILAKANCHI
    W/O BENAKATTI DYAMAPPA
    AGED ABOUT 31 YEARS
    16TH WORD, J.P. NAGAR,
    KARATAGI POST AND TALUK,
    KOPPAL DISTRICT - 583 229.

20. NAGESWARI S.
    W/O G. VENKATESHALU
    AGED ABOUT 36 YEARS
    R/AT WARD NO.20,
    SADASHIVA NAGARA,
    KURUGODU, BALLARI WEST,
    BALLARI - 583 116.

21. GAYATRI BADIGER
    D/O KRISHNAPPA
    AGED ABOUT 33 YEARS
    R/AT GAYATRI BADIGER,
    KADAKOL POST,
    HAVERI - 581 118.
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22. SIDDANAGOUD MUDDANAGOUD PATIL
    S/O MUDDANAGOUD
    AGED ABOUT 32 YEARS,
    R/AT #201, GADDIKARAVINA KOPPA,
    BAILHONGAL,
    BELAGAVI - 591 109.

23. PRASHANT VITLAPUR
    S/O MUDUKAPPA VITLAPUT
    AGED ABOUT 32 YEARS
    R/AT V. MARATAGERI, HUNAGUND,
    BAGALAKOTE - 587 154.

24. SUMA N.A.
    W/O KUMAR N.R.
    AGED ABOUT 32 YEARS
    R/AT NEERTHADI,
    ANAGODU HOBLI,
    DAVANAGERE - 577 556.

25. VANITHA B.B.
    R/O NO.1-11220,
    IVAN SHAHI ROAD,
    NEAR V.V.H.S. GULLAVADI,
    KALABURGI - 585 102.

26. FAROOQ AHAMED R. SARWAD
    R/O HOME NO.2224,
    MANUGULI AGASI,
    MUJAVAR GALLI,
    VIJAYAPURA - 586 101.

27. RUKSANABANU B.
    R/O HOME NO.5-993/61-D-3,
    MEHABOOB NAGAR,
    KALABURAGI - 585 104.

28. SHAKEEL AHAMED
    KAULBAZAAR
    BELLARY - 583 102.
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29. SHAHEEN KOUSER NAIKODI
    BALAGANOORA POST,
    SINDAGI TALUK,
    VIJAYAPURA DISTRICT - 585 128.

30. JABIBULLA MULLA
    ASHWINI NAGAR POST
    3RD CROSS, NEAR WATER TANK,
    HAVERI TALUK,
    HAVERI DISTRICT - 581 110.

31. MOHAMMED IRFAN ANCHI
    BALOORA POST,
    HANAGAL TALUK,
    HAVERI DISTRICT - 581 102.

32. MOHAMMED RAFEEK BAGALI
    S/O ISMAIL SAHEB
    NEAR S.R.M. HIGH SCHOOL,
    BAGALI COLONY,
    SHIVANAGI POST,
    VIJAYAPURA TALUK ,
    VIJAYAPURA DISTRICT - 586 127.

33. IBRAHIM BALOORGI
    MALAGHANA POST,
    SINDAGI TALUK,
    VIJAYAPURA DISTRICT - 586 128.

34. SADDAM HUSAIN MELINAMANI
    ALMEL POST, INDI ROAD,
    NEAR KARNATAKA BANK
    SINDAGI TALUK,
    VIJAYAPURA DISTRICT - 586 202.

35. QAMARALI KHATEEB,
    MAGBOOLIYA NAGAR,
    3RD CROSS, HANAGAL TALUK,
    HAVERI DISTRICT - 581 104.
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36. FARZANABANU M. TASKANAVAR,
    KANAVALLI POST,
    HAVERI TALUK,
    HAVERI DISTRICT - 581 110.
                                           ...PETITIONERS
(BY SRI. LATHA S. SHETTY, ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     REP. BY ITS UNDER SECRETARY,
     DEPARTMENT OF PERSONNEL AND
     ADMINISTRATIVE REFORMS,
     M.S. BUILDING,
     DR. AMBEDKAR VEEDHI,
     BENGALURU - 560 001.

2.   DEPARTMENT OF PRIMARY AND
     SECONDARY EDUCATION
     2ND GATE, 6TH FLOOR,
     M.S. BUILDING,
     DR. AMBEDKAR VEEDHI,
     BENGALURU - 560 001.
     REP. BY IT UNDER SECRETARY.

3.   SPECIAL OFFICER
     CENTRALISED ADMISSION CELL,
     DEPARTMENT OF PUBLIC INSTRUCTION,
     OPPOSITE TO CAUVERY BHAVAN,
     K.G. ROAD,
     BENGALURU - 560 002.

4.   COMMISSIONER
     DEPARTMENT OF PUBLIC INSTRUCTION,
     CENTRALISED ADMISSION CELL,
     OPPOSITE TO CAUVERY BHAVAN,
     K.G. ROAD,
     BENGALURU-560 002.
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5.   DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM)
     DEPT. OF PUBLIC INSTRUCTION,
     OFFICE OF DDPI,
     KALABURGI-585 302.
6.   DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM)
     DEPT. OF PUBLIC INSTRUCTION,
     OFFICE OF DDPI,
     KOPPAL - 583 231.

7.   DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM)
     DEPT. OF PUBLIC INSTRUCTION,
     OFFICE OF DDPI,
     RAICHUR-534 101.

8.   DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM)
     DEPT. OF PUBLIC INSTRUCTION,
     OFFICE OF DDPI,
     VIJAYANAGAR - 560 040.

9.   DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM)
     DEPT. OF PUBLIC INSTRUCTION,
     OFFICE OF DDPI,
     BALLARI - 583 123.

10. SRINIVASA Y.K.
    S/O KIREET KUMAR Y.
    AGED ABOUT 33 YEARS,
    R/AT NEAR BUS STAND,
    THAMBRAHALLI,
    HAGARIBOMMANAHALLI TALUK,
    VIJAYANAGARA DISTRICT - 583 224.
    SUB. SOCIAL STUDIES,
    SL.NO.132.,
    DISTRICT: VIJAYANAGAR,
    CATEGORY: SC-OT.

11. SUNAGAR RADHA,
    D/O HANUMANTHAPPA
    AGED ABOUT 34 YEARS,
    R/AT NEAR BUS STAND,
    THAMBRAHALLI,
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    HAGARIBOMMANAHALLI TALUK,
    VIJAYANAGARA DISTRICT - 583 224.
    SUB. SOCIAL STUDIES
    SL.NO.146.,
    DISTRICT: VIJAYANAGAR,
    CATEGORY:C1-WM.

12. SIDDESH N.
    S/ PARVATHAPPA N.
    AGED ABOUT 33 YEARS,
    R/AT ITTIGI POST, ITTIGI ,
    HUVINA HADAGALI TALUK,
    VIJAYANAGARA DISTRICT - 583 224.
    SUB: SOCIAL STUDIES,
    SL.NO.89,
    DISTRICT: VIJAYANAGARA,
    CATEGORY: 3B-OT.

13. NAGARAJNAIK V.
    S/O BADYANAIK V.
    AGED ABOUT 30 YEARS,
    R/AT DASARAHALLI THANDA,
    HUVINA HADAGALLI TALUK,
    VIJAYANAGARA DISTRICT - 583 219.
    SUB: SOCIAL STUDIES,
    SL.NO.138,
    DISTRICT: VIJAYANAGARA,
    CATEGORY:SC-OT.

14. VIJAYALAXMI ULLAGADDI
    D/O SHIVABASAPPA
    AGED ABOUT 30 YEARS,
    R/AT KUKANOOR POST,
    K.E.B.ROAD, JAVALANAGARA,
    YELBURGA TALUK,
    KOPPAL DISTRICT - 53232
    SUB: SOCIAL STUDIES,
    SL.NO.81, MAIN SELECTION LIST,
    DISTRICT: VIJAYANAGARA,
    CATEGORY: 3B-RURAL.
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15. PRAMODA S.A.,
    S/O AJJANAGOUDA S.,
    AGED ABOUT 31 YEARS,
    R/AT ITTIGI FORT, ITTIGI ,
    HUVINA HADAGALI TALUK,
    VIJAYANAGARA DISTRICT - 583 224,
    SUB: MATHEMATICS AND SCIENCE,
    SL.NO.73, DISTRICT: VIJAYANAGAR,
    CATEGORY: 3B-RURAL.

16. GANGAMMA BEWURU
    D/O BASAVARAJA B.
    AGED ABOUT 32 YEARS,
    R/AT DUPADAHALLI POST,
    KOTTUR TALUK,
    VIJAYANAGARA DISTRICT-583 134,
    SUB: MATHEMATICS AND SCIENCE,
    SL.NO.73, DISTRICT: VIJAYANAGAR,
    CATEGORY: 3B-OT.

17. SUDHARANI
    W/O SANGAPPA KOLI
    AGED ABOUT 31 YEARS,
    R/AT NO.150, KITTA,
    BASAVAKALYANA TALUK,
    BIDAR DISTRICT-585 327,
    SUB:SOCIAL STUDIES,
    SL.NO.176 IN MAIN SELECTION LIST,
    DISTRICT: KALABURAGI,
    CATEGORY:C1-WM.

18. RAJKUMAR
    S/O SHRIMANTRAO
    AGED ABOUT 30 YEARS,
    R/AT HUVINABAVI POST,
    CHINCHOLI TALUK,
    KALABURAGI DISTRICT - 585 324.
    SUB:MATHEMATICS AND SCIENCE,
    SL.NO.149 IN MAIN SELECTION LIST
    DISTRICT: KALABURAGI
    CATEGORY: SC-OT.
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19. ASHWINI
    W/O PRAVEEN KUMAR
    AGED ABOUT 32 YEARS
    R/AT HOUSE NO.10/241,
    S.B.TEMPLE ROAD,
    SANGAMESHWARA NAGARA,
    KALABURAGI - 585 103.
    SUB:MATHEMATICS AND SCIENCE,
    SL.NO.122 IN MAIN SELECTION LIST,
    DISTRICT: KALABURAGI,
    CATEGORY: GM-OT.

20. JIROBE SUJATA
    W/O MAHAESH JAMSHETTY
    AGED ABOUT 35 YEARS,
    R/AT HOUSE NO.33,
    1ST FLOOR, JAMSHETTY BUILDING,
    RAMAMANDIRA RING ROAD,
    DEVANAGARA,
    KALABURAGI - 585 102.
    SUB: MATHEMATICS AND SCIENCE,
    SL.NO.141 IN MAIN SELECTION LIST,
    DISTRICT: KALABURAGI,
    CATEGORY: 3B-WM.

21. POOJA
    D/O SHARANABASAPPA
    AGED ABOUT 31 YEARS
    R/AT NO.10/471,
    S.B.TEMPLE ROAD,
    NEAR RAM MANDIR,
    KALABURAGI - 585 101.
    SUB: MATHEMATICS AND SCIENCE,
    SL.NO.138 IN MAIN SELECTION LIST,
    DISTRICT: KALABURAGI,
    CATEGORY: 3B-WM.

22. AMBIKA
    W/O VAIJUNATH
    AGED ABOUT 29 YEARS,
    R/AT NO.5-56/1, TADKAL,
    ALAND TALUK,
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    KALABURAGI DISTRICT- 585 302.
    SUB: MATHEMATICS & SCIENCE
    SL.NO.139 IN MAIN SELECTION LIST,
    DISTRICT: KALABURGI,
    CATEGORY: 3B-RURAL

23. SHWETA KONDED
    D/O RAMESH KONDED,
    AGED ABOUT 29 YEARS,
    R/AT NO.2-909/51/3/106,
    ASIAN HILSCAPE LAXMI NAGAR,
    SEDAM ROAD,
    KALABURAGI -585 105,
    SUB: MATHEMATICS AND SCIENCE,
    SL.NO.155 IN MAIN SELECTION LIST,
    DISTRICT: KALABURAGI,
    CATEGORY:3B-OT.

24. SHIVAKUMAR
    S/O MALLANGOUDA PATIL
    AGED ABOUT 31 YEARS,
    R/AT BENAKAL,
    KUKANOOR, YELBURGA TALUK,
    KOPPAL DISTRICT - 53232,
    SUB:SOCIAL STUDIES,
    SL.NO.340 IN MAIN SELECTION LIST,
    RAICHUR DISTRICT,
    CATEGORY-3B-PH.

25. DURUGAMMA
    D/O BALAPPA,
    AGED ABOUT 31 YEARS,
    R/AT RAMATHNAL,
    SINDANUR TALUK,
    RAICHUR DISTRICT - 584 143.
    SUB: SOCIAL STUDIES,
    SL.NO.247 IN MAIN SELECTION LIST,
    DISTRICT: RAICHUR,
    CATEGORY: ST-WM.

26. REKHA PATIL
    W/O AMARESH
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    AGED ABOUT 33 YEARS,
    R/AT KANNAL POST,
    MASKI TALUK,
    RAICHUR DISTRICT - 584 125.
    SUB: SOCIAL STUDIES,
    SL.NO.337 IN MAIN SELECTION LIST,
    DISTRICT: RAICHUR,
    CATEGORY: 3A-OT.

27. GUNDURAI
    S/O RUBEN
    AGED ABOUT 32 YEARS,
    R/AT NEAR OLD WATER TANK,
    GANDHA,L
    RAICHUR TALUK,
    RAICHUR DISTRICT - 584 140.
    SUB: SOCIAL STUDIES,
    SL.NO.267 IN MAIN SELECTION LIST,
    DISTRICT: RAICHUR,
    CATEGORY:SC-OT.

28. SHARADA
    D/O DESAI
    AGED ABOUT 28 YEARS,
    R/AT POST: HOSUR SIDDAPURA,
    DEVADURGA TALUK,
    RAICHUR DISTRICT - 584 116.
    SUB:SOCIAL STUDIES,
    SL.NO.259 IN MAIN SELECTION LIST,
    DISTRICT: RAICHUR,
    CATEGORY: ST-WM.

29. MANJUNATH GADAD
    S/O KALLAYYA GADAD
    AGED ABOUT 37 YEARS,
    R/AT KUMBARPETE,
    NEAR BASAVESHWARA TEMPLE,
    MUDGAL, LINGASUGUR TALUK,
    RAICHUR DISTRICT - 584 125.
    SUB: MATHEMATICS AND SCIENCE,
    SL.NO.114 IN MAIN SELECTION LIST,
    DISTRICT: RAICHUR,
    CATEGORY: GM-OT.
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30. AMAREGOUDA POLICE PATIL
    S/O SHIVANAGOUDA
    AGED ABOUT 36 YEARS,
    R/AT BYALAHALLI,
    MAKAPURA POST,
    LINGASUGUR TALUK,
    RAICHUR DISTRICT - 584 125,
    SUB: MATHEMATICS AND SCIENCE,
    SL.NO.108 IN MAIN SELECTION LIST,
    DISTRICT: RAICHUR,
    CATEGORY: GM-OT.

31. SHANTHAKUMAR B.
    S/O RAYAPPA B.
    AGED ABOUT 33 YEARS,
    R/AT WARD NO.28,
    BELLARY - 583 023.
    SUB: MATHEMATICS AND SCIENCE,
    SL.NO.159 IN MAIN SELECTION LIST,
    DISTRICT: RAICHUR,
    CATEGORY: C1-OT.

32. SHARANABASAVA
    S/O SHIVANANAIAHSWAMY
    AGED ABOUT 32 YEARS,
    R/AT JAKKALADINNI, SIRWAR TALUK,
    RAICHUR DISTRICT - 584 129.
    SUB: MATHEMATICS AND SCIENCE,
    SL.NO.132 IN MAIN SELECTION LIST,
    DISTRICT: RAICHUR,
    CATEGORY: 3B-OT.

33. AMARESH BENHAL
    S/O BASAPPA BENHAL
    AGED ABOUT 29 YEARS,
    R/AT HANUMANAL,
    KUSHTAGI TALUK,
    KOPPAL DISTRICT - 583 280.
    SUB: ENGLISH
    SL.NO.51 IN MAIN SELECTION LIST
    DISTRICT: RAICHUR,
    CATEGORY: 2A-OT.
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34. ARUNA IDAGICHADI
    D/O SHANKARAPPA
    AGED ABOUT 33 YEARS,
    R/AT.78, CHIKENAKOPPA,
    YELBURGA TALUK,
    KOPPAL DISTRICT - 53232.
    SUB: SOCIAL STUDIES,
    SL.NO.39 IN MAIN SELECTION LIST,
    KOPPAL DISTRICT,
    CATEGORY: 3A-OT.

35. SIDDAPPA BARAKER
    S/O SHARANAPPA BARAKER,
    AGED ABOUT 36 YEARS,
    R/AT NEAR HUCHIRESHWARA TEMPLE,
    SIDNEKOPPA, KUKANOOR TALUK,
    KOPPAL DISTRICT - 583 232.
    SUB: SOCIAL STUDIES,
    SL.NO.50 IN MAIN SELECTION LIST,
    KOPPAL DISTRICT,
    CATEGORY: C1-OT.

36. MAHANTESH
    S/O ERAPPA,
    AGED ABOUT 36 YEARS,
    R/AT GUNNAL POST,
    YELBURGA TALUK,
    KOPPAL DISTRICT-583 237,
    SUB: MATHEMATICS AND SCIENCE,
    SL.NO.212 IN MAIN SELECTION LIST,
    KOPPAL DISTRICT,
    CATEGORY: 2A-OT.

37. RAJESHWARY
    W/O MAHALINGAPPA KAVALUR
    AGED ABOUT 36 YEARS,
    R/AT GAVISIDDESHWARA COLONY,
    KUKANOOR, YELBURGA TALUK,
    KOPPAL DISTRICT - 53232,
    SUB: ENGLISH,
    SL.NO.48 IN MAIN SELECTION LIST,
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    DISTRICT: KOPPAL,
    CATEGORY: SC-WM.

38. MANJUNATH
    S/O CHANDRAKANTH,
    AGED ABOUT 29 YEARS,
    R/AT GODRIHAL,
    HEGGANADODDI POST,
    SHORAPURA TALUK,
    YADGIRI DISTRICT - 585 216.
    SUB: SOCIAL STUDIES,
    SL.NO.243 IN MAIN SELECTION LIST,
    DISTRICT: YADAGIRI,
    CATEGORY: 2A-PH.

39. REKHA
    W/O THIMMAPPA,
    AGED ABOUT 28 YEARS,
    R/AT H.NO.3-2-77,
    NEAR VENKATARAMANA TEMPLE,
    WARD NO.5, UPPARAWADI,
    SINDANUR - 584 128.
    RAICHUR DISTRICT,
    SUB: ENGLISH,
    SL.NO.44 IN MAIN SELECTION LIST,
    DISTRICT: YADAGIRI,
    CATEGORY: C1-WM.

40. BASAVARAJA G.
    S/O SHIVAMMA,
    AGED ABOUT 26 YEARS,
    R/AT 1ST WARD, SIDDAPPANAGAR,
    TEKKALKOTE, SIRAGUPPA TALUK,
    BELLARY DISTRICT - 583 122.
    SUB:SOCIAL STUDIES,
    SL.NO.80, BELLARY DISTRICT.
    CATEGORY: SC-OT.

41. DEPUTY DIRECTOR OF PUBLIC
    INSTRUCTION (ADM),
    OFFICE OF DDPI,
    YADAGIRI - 585 401.
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42. DEPUTY DIRECTOR OF PUBLIC,
    INSTRUCTION (ADM),
    OFFICE OF DDPI,
    BIDAR - 586 401.
                                           ...RESPONDENTS

(BY SRI. M.S. NAGARAJA, AGA FOR R1 AND R2; SRI. ANAND K., ADVOCATE FOR R3; R4 SERVED BUT UNREPRESENTED, NOTICE NOT ORDERED IN RESPECT OF R5 TO R9)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROVISIONAL SELECTION LIST DATED 27TH FEBRUARY, 2023 ISSUED BY RESPONDENT DDPI VIDE ANNEXURES 'A' TO 'A9' AND ETC.

IN WP NO.5820 OF 2023 BETWEEN:

1. DEEPA GANIGI D/O SRIKANT AGED ABOUT 29 YEARS, R/A INCHAL, SAVADATTI TALUK, BELAGAVI DISTRICT - 591 102.

2. DALAPPA ANASUYA MADAR S/O ANASUYA AGED ABOUT 32 YEARS, R/A YADAHALLI, YADAHALLI POST, BAGALKOT TALUK, BAGALKOT DISTRICT - 587 102.

3. DEVAMMA YAMANAPPA SANNAKKI D/O YAMANAPPA, AGED ABOUT 29 YEARS,

WP NO.5009 OF 2023 C/W MATTERS

R/A GONAL S.B., BALAKUNDI POST, HUNGUND TALUK, BAGALKOT DISTRICT - 587 102.

4. SHANKARAMMA N. KOLLI D/O NAGAPPA KOLLI AGED ABOUT 32 YEARS R/A SULEBAVI POST, HUNAGUND TALUK, BAGALKOT DISTRICT - 587 102.

5. PRABHAKARAYYA HIREMATH S/O BABAYYA AGED ABOUT 35 YEARS, R/A KARAGUPPI, HUKKERI TALUK, BELGAVI DISTRICT - 581 110.

6. SMITHA HIREMATH D/O SHANTHAYYA HIREMATH AGED ABOUT 31 YEARS R/AT 1-6-54, BEHIND SSRG WOMENS COLLEGE, RAICHUR - 584 101.

7. MARUTHI S.

S/O SOMASHEKAR AGED ABOUT 35 YEARS R/A NO.89, SHIVANI MAIN ROAD SHIVANI R. S. BANOOR TARIKERE, CHIKAMAGALURU DISTRICT - 577 549.

...PETITIONERS (BY SRI. VIVEK R., ADVOCATE)

AND:

1. STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY, DEPARTMENT OF PERSONNEL AND

WP NO.5009 OF 2023 C/W MATTERS

ADMINISTRATIVE REFORMS, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001.

2. DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, CENTRALIZED ADMISSION CELL, DEPARTMENT OF PUBLIC INSTRUCITON, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

3. COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTION CENTRALISED ADMISSION CELL OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

4. SPECIAL OFFICER, CENTRALIZED ADMISSION CELL, DEPARTMENT OF PUBLIC INSTRUCTION, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

5. DEPUTY DIRECTOR OF PUBLIC INSTRUCITON (ADM), DEPT. OF PUBLIC INSTRUCTION, OFFICE OF THE DDPI, KOPPALA - 585 302.

6. DEPUTY DIRECTOR OF PUBLIC INSTRUCITON(ADM), DEPT. OF PUBLIC INSTRUCITON, OFFICE OF THE DDPI, RAICHUR - 534 101.

7. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM), DEPT. OF PUBLIC INSTRUCTION,

WP NO.5009 OF 2023 C/W MATTERS

OFFICE OF THE DDPI, VIJAYANAGAR - 560 040.

...RESPONDENTS (BY SRI. M.S. NAGARAJA, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE RETROSPECTIVE EFFECT OF CIRCULAR DATED 01ST FEBRUARY, 2023 ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-E ON THE GROUND OF IT BEING VIOLATIVE OF THE CONSTITUTION OF INDIA; AND ETC.

IN WP NO.5833 OF 2023 BETWEEN:

1. SRIDEVI SANKH W/O SHIVANAND AGED ABOUT 32 YEARS, R/AT POST NO.300, SY. NO.25/4, BALAJI NAGAR, SHAHABAD ROAD, GULBARGA, KALABURAGI NORTH, KALABURAGI, KARNATAKA - 585 106.

2. MAHALAXMI BHIMAPPA UGALAT W/O PRAKASH AGED ABOUT 32 YEARS, R/AT H. NO.2/96/1, ADKI POST, SEDAM, KALABURAGI, KARNATAKA - 585 222.

3. VIDYA M. HOSAGOUDRA D/O MARIGOUDRA AGED ABOUT 31 YEARS, R/AT NO.572, NEAR KORIMATH,

WP NO.5009 OF 2023 C/W MATTERS

CHOLACHADGUDDA POST, BADAMI, BAGALAKOTE, KARNATAKA - 587 201.

4. SUNANDA TIMMANAL D/O SHEKAPPA AGED ABOUT 29 YEARS, R/AT TUPPADAKURAHATTI NAVALGUND, DHARWAD, KARNATAKA - 582 208.

5. RAMESHA H.M.

S/O MALLESHA H.M.

AGED ABOUT 29 YEARS, R/AT HARATHALE VILLAGE, VALAGERE POST, KASABA HOBLI, NANJANGUD, MYSORE, KARNATAKA - 571 315.

6. MAHANTESH RABAKAVI S/O MALLAPPA AGED ABOUT 39 YEARS, R/AT HERKAL POST, BILAGI, BAGALAKOTE, KARNATAKA - 587 102.

7. SHASHIKUMARI D.U.

W/O SACHIN B.P.

AGED ABOUT 31 YEARS, R/AT 1243, 39 MATHRU SADANA, BEHIND CENTRAL LIBRARY, JAWALI EXTENSION, KOTTUR , CENTRAL LIBRARY, KOTTUR, VIJAYANAGAR , KARNATAKA - 583 134.

8. ARATI ADAVITOT D/O RAMNATH AGED ABOUT 29 YEARS, R/AT VIDYANAGAR, NEAR GLBC OFFICE,

WP NO.5009 OF 2023 C/W MATTERS

RABAKAVI, JAMAKHANDI, BAGALAKOTE, KARNATAKA - 587 314.

9. VIDYASHREE M.

W/O THEJOMURTHY AGED ABOUT 30 YEARS, R/AT C/O PRAHALLAD NAIK, THOLAHUNASE NEAR GARADI MANE, DAVANAGERE, KARNATAKA - 577 002.

10. INDRABAI YALAGI W/O KANTAPPA AGED ABOUT 34 YEARS, R/AT YALAGI, SORAPUR, YADAGIRI, KARNATAKA - 585 216.

11. SHANTAPPA BAPPARAGI S/O BALABHIMAPPA BAPPARAGI M. AGED ABOUT 36 YEARS, R/AT DEVAPUR J. POST, HUNSIGI, DEVAPUR J., SHORAPUR, YADAGIRI, KARNATAKA - 585 215.

12. RAHUL T.

S/O TEEPUSAB, AGED ABOUT 25 YEARS, R/O HUCHANGIPURA VILLAGE, DIDDIGE POST, JAGALUR, DAVANAGERE, KARNATAKA - 577 513.

13. RAMANNA AMMANNA PADASALAGI S/O AMMANNA AGED ABOUT 30 YEARS, R/AT KANNOLLI POST, JAMAKHANDI,

WP NO.5009 OF 2023 C/W MATTERS

BAGALAKOTE, KARNATAKA - 587330.

...PETITIONERS (BY SRI. LATHA S. SHETTY, ADVOCATE)

AND:

1. STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU - 560 001.

2. DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION 2ND GATE, 6TH FLOOR, M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU - 560 001. REP. BY ITS UNDER SECRETARY.

3. SPECIAL OFFICER CENTRALISED ADMISSION CELL DEPARTMENT OF PUBLIC INSTRUCTION, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

4. COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTION CENTRALISED ADMISSION CELL OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD BENGALURU - 560 002.

5. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM) DEPT. OF PUBLIC INSTRUCTION OFFICE OF THE DDPI, KALABURAGI - 585 302.

WP NO.5009 OF 2023 C/W MATTERS

6. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM) DEPT. OF PUBLIC INSTRUCTION, OFFICE OF THE DDPI, BALLARI - 583 123.

7. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM) DEPT. OF PUBLIC INSTRUCTION OFFICE OF THE DDPI, RAICHUR - 584 101.

8. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM) DEPT. OF PUBLIC INSTRUCTION, OFFICE OF THE DDPI, VIJAYANAGAR - 591 108.

9. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM) DEPT. OF PUBLIC INSTRUCTION, OFFICE OF THE DDPI KOPPAL - 583 231.

10. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM) DEPT. OF PUBLIC INSTRUCTION, OFFICE OF THE DDPI, YADAGIRI - 585 202.

...RESPONDENTS (BY SRI.M.S. NAGARAJA, AGA FOR R1 TO R10)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROVISIONAL SELECTION LIST DATED 27TH FEBRUARY, 2023 ISSUED BY RESPONDENT-DDPI VIDE ANNEXURES 'A' TO 'A9' AND ETC.

WP NO.5009 OF 2023 C/W MATTERS

IN WP NO.5879 OF 2023 BETWEEN:

1. MANDAARA K.Y.

D/O YOGAMURTHY AGED ABOUT 31 YEARS, R/AT KODIHALLI, CHIKKAMAGALURU DISTRICT - 577 549.

2. RADHA J.H.

D/O HANUMANTHAPPA AGED ABOUT 28 YEARS, R/AT JIGENAHALLI,, CHIKKAMAGALURU DISTRICT - 577 549.

3. MUTTAVVA BARKI D/O NAGAPPA, R/AT SAMASGI AT POST, HANAGAL TALUK, HANAGAL, HAVERI DISTRICT.

...PETITIONERS (BY SRI. VIVEK R., ADVOCATE) AND:

1. STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.

2. DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION CENTRALISED ADMISSION CELL, DEPARTMENT OF PUBLIC INSTRUCTION, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

WP NO.5009 OF 2023 C/W MATTERS

3. COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTION, CENTRALISED ADMISSION CELL, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

4. SPECIAL OFFICER CENTRALISED ADMISSION CELL, DEPARTMENT OF PUBLIC INSTRUCTION, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

5. DEPUTY DIRECOTR OF PUBLIC INSTRUCTION (ADM) DEPT. OF PUBLIC INSTRUCTION OFFICE OF THE DDPI, VIJAYANAGAR - 560 040.

...RESPONDENTS (BY SRI. M.S.NAGARAJA, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE RETROSPECTIVE EFFECT OF CIRCULAR DATED 01ST FEBRUARY, 2023 VIDE ANNEXURE-E ON THE GROUND OF IT BEING VIOLATIVE OF THE CONSTITUTION OF INDIA; AND ETC.

IN WP NO.5916 OF 2023 BETWEEN:

1. SHRIKALA W/O RAMAKRISHNA, AGED ABOUT 26 YEARS, RESIDING AT NO.16, MAIN ROAD, KOTHIGUDDA, KELAGINA IRABGERA POST,

WP NO.5009 OF 2023 C/W MATTERS

DEVDURGA, RAICHUR - 584 111.

2. VIJAY KUMAR ACHNOOR S/O SRI NEELANNA, AGED ABOUT 32 YEARS, RESIDING AT KHADRIYA COLONY, MUDAGAL, LINGASGUR, RAICHUR - 5841256.

3. MOULABI W/O ZAKER HUSEN AGED ABOUT 37 YEARS, RESIDING AT POST GUDADUR, MASKI TALUK, RAICHUR - 584 124.

4. VIKAS S/O SOMASHEKAR, AGED ABOUT 30 YEARS, RESIDING AT CHINKUNTA, NAVADAGI POST, KALGI TALUK, KALABURAGI-585324.

5. RAMZAN PATEL S/O ISMAIL PATEL AGED ABOUT 27 YEARS, RESIDING AT KATTALLI POST, HOLKUNDA, KAMALAPUR TALUK, KALABURAGI - 585 313.

6. SUJATA D/O KAMALAPPA AGED ABOUT 29 YEARS, RESIDING AT VENKATAPURA TANDA, MASKI TALUK, RAICHUR KATTALLI POST, HOLKUNDA, KAMALAPUR TALUK, KALABURAGI - 584 124.

...PETITIONERS (BY SRI. RAGHAVA P., ADVOCATE)

WP NO.5009 OF 2023 C/W MATTERS

AND:

1. STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.

2. DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION CENTRALISED ADMISSION CELL, DEPARTMENT OF PUBLIC INSTRUCTION, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

3. COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTION, CENTRALISED ADMISSION CELL, DEPARTMENT OF PUBLIC INSTRUCTION, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

4. SPECIAL OFFICER CENTRALISED ADMISSION CELL, DEPARTMENT OF PUBLIC INSTRUCTION, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

5. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM) DEPARTMENT OF PUBLIC INSTRUCTION, OFFICE OF THE DDPI, KALABURAGI - 585 102.

6. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM) DEPARTMENT OF PUBLIC INSTRUCTION, OFFICE OF THE DDPI, RAICHUR-534 101.

...RESPONDENTS (BY SRI. M.S. NAGARAJA, AGA)

WP NO.5009 OF 2023 C/W MATTERS

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE RETROSPECTIVE EFFECT OF CIRCULAR DATED 01ST FEBRUARY, 2023 VIDE ANNEXURE-F ON THE GROUND OF IT BEING VIOLATIVE OF THE CONSTITUTION OF INDIA; AND ETC.

IN WP NO.5923 OF 2023

BETWEEN:

SHILPA S.

D/O SAKA NAIK AGED ABOUT 31 YEARS, VIJAYAPURA, BENAKANAHALLI, DAVANAGERE, HONNALLI, KARNATAKA - 577 224.

...PETITIONER (BY SRI. VIVEK R., ADVOCATE)

AND:

1. STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.

2. DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION CENTRALISED ADMISSION CELL, DEPARTMENT OF PUBLIC INSTRUCTION, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

WP NO.5009 OF 2023 C/W MATTERS

3. COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTION, CENTRALISED ADMISSION CELL, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

4. SPECIAL OFFICER CENTRALISED ADMISSION CELL, DEPARTMENT OF PUBLIC INSTRUCTION, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

5. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM) DEPARTMENT OF PUBLIC INSTRUCTION OFFICE OF THE DDPI, VIJAYANAGAR - 560 040.

...RESPONDENTS (BY SRI. M.S.NAGARAJA, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE RETROSPECTIVE EFFECT OF CIRCULAR DATED 01ST FEBRUARY, 2023 ISSUED BY THE RESPONDENT NO.1. VIDE ANNEXURE-E ON THE GROUND OF IT BEING VIOLATIVE OF THE CONSTITUTION OF INDIA; AND ETC.

IN WP NO.5987 OF 2023

BETWEEN:

1. SHRUTI GANACHARI D/O BAGAYYA GANACHARI AGED ABOUT 28 YEARS, R/A KALKERI AND POST TALIKOTI TALUK, BIJAPURA DISTRICT - 586 118.

WP NO.5009 OF 2023 C/W MATTERS

2. LAKSHMIKANTHA P.

S/O POORAYANAIK G.

AGED ABOUT 35 YEARS, R/A 185, JAVANAGONDANAHALLI HOBLI HATANAYAKANAHALLY, HIRIYUR (RURAL) CHITRADURGA - 572 143.

3. KALAKAPPA KERURA S/O SHIVAPPA AGED ABOUT 39 YEARS, R/A JALIHAL, BADAMI, BAGALKOT - 587 114.

4. ANIL DALAWAI S/O VITTHAL AGED ABOUT 26 YEARS, R/A JAMKHANDI, GOTHE BO, BAGALKOT - 587 330.

5. ASHWINI MUNDEVADI D/O BALU AGED ABOUT 33 YEARS R/A PLOT NO.195/A, SECTOR 12, NAVANAGAR, BAGALKOT - 587101.

6. JAYASHRI GOURI W/O GODAPPA M. PATTED AGED ABOUT 35 YEARS R/A GUDISAGAR DHARWAD - 587 330.

7. BINGI POOJARI THIPPESHA S/O MARISWAMY AGED ABOUT 26 YEARS R/A HOUSE NO.6/120, NTR NAGAR, PEDDA HARIVANAM, ADONI MANDAL KURNOOR, ANDHRA PRADESH - 518 308.

WP NO.5009 OF 2023 C/W MATTERS

...PETITIONERS (BY SRI. VIVEK R., ADVOCATE)

AND:

1. STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, M. S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560001.

2. DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, CENTRALISED ADMISSION CELL, DEPARTMENTOF PUBLIC INSTRUCTION, OPPOSITE TO CAUVERY BHAVAN, K. G. ROAD, BENGALURU - 560 002.

3. COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTION, CENTRALISED ADMISSION CELL, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

4. SPECIAL OFFICER CENTRALISED ADMISSION CELL, DEPARTMENT OF PUBLIC INSTRUCTION, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

WP NO.5009 OF 2023 C/W MATTERS

5. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM), DEPT. OF PUBLIC INSTRUCTION , OFFICE OF THE DDPI, YADAGIRI - 585 201.

6. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM), DEPT. OF PUBLIC INSTRUCTION, OFFICE OF THE DDPI, KALABURGI - 534 101.

7. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM,) DEPT. OF PUBLIC INSTRUCTION, OFFICE OF THE DDPI, RAICHUR.

8. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM), DEPT. OF PUBLIC INSTRUCTION , OFFICE OF THE DDPI, BELLARY.

9. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM), DEPT. OF PUBLIC INSTRUCTION, OFFICE OF THE DDPI, BIDAR.

10. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM) DEPT. OF PUBLIC INSTRUCTION OFFICE OF THE DDPI, VIJYANAGARA.

...RESPONDENTS (BY SRI. M.S.NAGARAJA, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE RETROSPECTIVE EFFECT OF CIRCULAR DATED 01ST FEBRUARY, 2023 VIDE ANNEXURE-E ON THE GROUND OF IT BEING VIOLATIVE OF THE CONSTITUTION OF INDIA; AND ETC.

WP NO.5009 OF 2023 C/W MATTERS

WP NO.6237 OF 2023

BETWEEN:

SHRUTHI VIRUPAKSHA CHOUDHARI, W/O VIRAPANAGOUDA CHIKKAMYAGERI AGED ABOUT 29 YEARS, R/AT CHIKKAMAYAGERI, BAGALKOT, KARNATAKA - 587 207.

...PETITIONER (BY SRI. VIVEK R., ADVOCATE)

AND:

1. STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGLAURU - 560 001.

2. DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, CENTRALISED ADMISSION CELL, DEPARTMENT OF PUBLIC INSTRUCTION, OPPOSITE TO CAUVERY BHAVAN K.G. ROAD, BENGALURU - 560 002.

3. COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTION, CENTRALISED ADMISSION CELL, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

WP NO.5009 OF 2023 C/W MATTERS

4. SPECIAL OFFICER CENTRALISED ADMISSION CELL, DEPARTMENT OF PUBLIC INSTRUCTION, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

5. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM) DEPT. OF PUBLIC INSTRUCTION OFFICE OF THE DDPI.

RAICHUR.

...RESPONDENTS (BY SRI.M.S. NAGARAJA, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE RETROSPECTIVE EFFECT OF CIRCULAR DATED 01ST FEBRUARY, 2023 VIDE ANNEXURE-E ON THE GROUND OF IT BEING VIOLATIVE OF THE CONSTITUTION OF INDIA; AND ETC.

IN WP NO.6258 OF 2023 BETWEEN:

1. SAVITA HALIGERI C/O MALLIKARJUN OKALI, AGED ABOUT 29 YEARS, RESIDING AT SHRI KRISHNA KRUPA, NEAR NEHRU NAGAR, TAPOVAN NORTH COMPOUND, DHARWAD, KARNATAKA.

2. RUPA JIGLI D/O HANUMANTAPPA AGED ABOUT 35 YEARS,

WP NO.5009 OF 2023 C/W MATTERS

RESIDING AT NEAR SAI SCHOOL, AYYANAHALLI ROAD, PRIYANKA NAGAR, MARIYAMMANAHALLI, HOSPET, VIJAYANAGAR - 583 222.

3. MALAPPA SHIDDAPPA MUDIYAJJANAVAR S/O SHIDAPPA AGED ABOUT 25 YEARS, RESIDING AT MEVUNDI, MUNDARGI, GADAG - 582 113.

4. ASHWINI D/O SIDDUSA, W/O RAGHUNATH V. BADI AGED ABOUT 35 YEARS, RESIDING AT A.B. NAGAR, MUNDARAGI DT, GADAG - 582 118.

5. KALAKAPPA MALLAPPA GANIGER S/O BABAYYA, AGED ABOUT 32 YEARS, RESIDING AT 3434/5, MYAGERI ONI, GAJENDRAGADA, GADAG - 582 114.

6. RAMESH ANGADI S/O RAVEENDRA ANGADI AGED ABOUT 30 YEARS, RESIDING AT 13, VAJAPEYI NAGAR, GAJENDRAGAD, RON, GADAG - 582 114.

7. SHAMBULINGAPPA P.M.

S/O MANJUNATHA P.

AGED ABOUT 34 YEARS, RESIDING AT GURUSIDDAPURA, JAJALUR, DAVANAGERE - 577 513.

WP NO.5009 OF 2023 C/W MATTERS

8. EERAPPA BHARAMAPPA AIRANI S/O BHARAMAPPA AIRANI, AGED ABOUT 33 YEARS, RESIDING AT/POST BILLAHALLI, RANNEBENNUR, HAVERI - 581 208.

9. BASAVANAGOWDA S.

S/O SHARANAPPA K.

AGED ABOUT 40 YEARS, RESIDING AT: POST GADIMAKUNTE, JAGALURU, DAVANAGERE - 577 528.

...PETITIONERS (BY SRI. VIVEK R., ADVOCATE)

AND:

1. STATE OF KARNATAKA REP. BY ITS UNDER SECRETARTY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.

2. DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, REP. BY COMMISSIONER CENTRALISED ADMISSION CELL, DEPARTMENT OF PUBLIC INSTRUCTION, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

3. COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTION, CENTRALISED ADMISSION CELL, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

WP NO.5009 OF 2023 C/W MATTERS

4. SPECIAL OFFICER CENTRALISED ADMISSION CELL, DEPARTMENT OF PUBLIC INSTRUCTION, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

5. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM), DEPT OF PUBLIC INSTRUCTION, OFFICE OF DDPI, KOPPALA-585302.

6. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM), DEPT. OF PUBLIC INSTRUCTION, OFFICE OF THE DDPI, KALABURAGI - 585 120.

7. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM), DEPT. OF PUBLIC INSTRUCTION, OFFICE OF THE DDPI, VIJAYANAGAR - 560 040.

...RESPONDENTS (BY SRI. M.S.NAGARAJA, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE RETROSPECTIVE EFFECT OF CIRCULAR DATED 01ST FEBRUARY, 2023 VIDE ANNEXURE-E ON THE GROUND OF IT BEING VIOLATIVE OF THE CONSTITUTION OF INDIA; AND ETC.

IN WP NO.6640 OF 2023

BETWEEN:

1. MILIND S/O SRI. BABURAO

WP NO.5009 OF 2023 C/W MATTERS

AGED ABOUT 35 YEARS, RESIDING AT NO.15-02-20, GUMPA ROAD, NEAR HANUMAN TEMPLE, SBI BANK COLONY, BIDAR - 585 403.

2. SHARANAPPA MENASAGERI S/O SRI. HANUMAPPA AGED ABOUT 33 YEARS, RESIDING AT HOUSE NO. 51, HIREGONNAGARA POST, KUSHTAGI TALUK, KOPPAL -583 280.

3. VENKATESH S/O SRI. BASANNA AGED ABOUT 30 YEARS, RESIDING AT MANJALAPUR, KAKKERA POST, SHORAPUR, YADAGIRI - 585 215.

4. RESHMA M. HANDRAGALLA , D/O MODINASA AGED ABOUT 30 YEARS, RESIDING AT NO.248/20, YARADONA POST, LINGASUGUR, RAICHUR - 584 115.

5. RAJAKSAB BAGAWAN S/O SRI. HUSENSAB, AGED ABOUT 40 YEARS RESIDING AT C/O MASHAK NIMBAL, H.NO.3-5-110, GHATTARGA ROAD, M.G. NAGAR, AFZALPUR, KALABURGAGI - 585 301.

6. BASAVARAJ S/O HANUMANTHA, AGED ABOUT 26 YEARS

WP NO.5009 OF 2023 C/W MATTERS

RESIDING AT SOMANMRADI, RAICHUR - 584 116.

7. GEETA D/O HANUMANTA ANWARI, AGED ABOUT 26 YEARS, RESIDING AT KUPPIGUDDA, SARJAPUR POST, LINGASUGUR, RAICHUR - 584 112.

8. ANAGHA D/O KRISHNARAO KULKARNI AGED ABOUT 26 YEARS, RESIDING AT SHRINIVASA NILAYA, PRASHANT NAGAR, KUKANOOR YELABURGA, KOPPAL - 583 232.

9. HUCHEERAPPA S/O DURGAPPA CHANNADASAR AGE ABOUT 30 YEARS, RESIDING AT NEAR VENKATESHWARA TEMPLE, TUMMARAGUDDI, YALABURGA, KOPPAL - 583 236.

10. SHRUTHI K.

D/O SRI. KUBERAPPA, AGED ABOUT 31 YEARS RESIDING AT CHANNAGIRI, KONDADAHALLI, DAVANGERE - 577 552.

11. SUSHMA BEGUM D/O ABDUL RAHIMANS MAGADI AGED ABOUT 30 YEARS, RESIDING AT NO.5726 , WARD NO.13, ASHRAYA COLONY HANAMSAGAR POST, KUSHTAGI,

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KOPPAL - 583 281.

12. PARVEEN S.A.

D/O ALLABHAKSHI AGED ABOUT 38 YEARS, RESIDING AT NO.589, 10TH WARD, SILARI STREET, NEAR NOORANI MASJID, HARAPANAHALLI , VIJAYANAGAR - 583 131.

...PETITIONERS (BY SRI. RAGHAVA P., ADVOCATE)

AND:

1. STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU - 560 001.

2. DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION CENTRALISED ADMISSION CELL, DEPARTMENT OF PUBLIC INSTRUCTION, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

3. COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTION CENTRALISED ADMISSION CELL, DEPARTMENT OF PUBLIC INSTRUCTION OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

4. SPECIAL OFFICER CENTRALISED ADMISSION CELL,

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DEPARTMENT OF PUBLIC INSTRUCTION, OPPOSITE TO CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 002.

5. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM), DEPARTMENT OF PUBLIC INSTRUCTION, OFFICE OF THE DDPI, KALABURGI - 585 102.

6. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM), DEPARTMENT OF PUBLIC INSTRUCTION, OFFICE OF DDPI, RAICHUR -534101.

7. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM) DEPARTMENT OF PUBLIC INSTRUCTION, OFFICE OF THE DDPI, KOPPALA - 585 302.

8. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM) DEPARTMENT OF PUBLIC INSTRUCTION, OFFICE OF DDPI, YADAGIRI -585215.

9. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM), DEPARTMENT OF PUBLIC INSTRUCTION, OFFICE OF THE DDPI, BIDAR - 585 403.

10. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (ADM) DEPARTMENT OF PUBLIC INSTRUCTION , OFFICE OF THE DDPI, HOSPETE, VIJAYANAGAR - 583 201 ...RESPONDENTS (BY SRI. M. S. NAGARAJA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE RETROSPECTIVE EFFECT OF CIRCULAR DATED 01ST FEBRUARY, 2023 ON THE GROUNDS OF IT BEING VIOLATIVE OF THE CONSTITUTION OF INDIA AND ETC.

THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard learned counsel appearing for the parties.

2. Sri. M.S. Nagaraja, learned Additional Government

Advocate appearing for the respondent-Government and Sri.

Basavaraja Patel G.K., learned counsel appearing for

impleading applicants in Writ Petition No.5009 of 2023 submits

that identical matters are pending consideration before the

Karnataka State Administrative Tribunal and present petitions

are relating to the Civil post. Placing reliance on the judgment

of Constitutional Bench of Hon'ble the Apex Court in the case of

L. CHANDRA KUMAR vs. UNION OF INDIA AND OTHERS

reported in AIR 1997 SC 1125, learned Additional Government

Advocate submits that writ petitions are not maintainable and

petitioners have to be relegated to the Karnataka State

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Administrative Tribunal for redressal of grievances of

petitioners.

3. Learned counsel appearing for the petitioners placed

the reliance on the judgment of Hon'ble Apex Court in the case

of T.K. RANGARAJAN vs. GOVERNMENT OF TAMILNADU

AND OTHERS reported in (2003)6 SCC 581 and argued that

when there is a larger interest of petitioners, is required to be

re-looked, this Court would exercise discretion, despite the

petitioners having remedy before the Karnataka State

Administrative Tribunal.

4. Having heard the learned counsel appearing for the

parties, I am of the view that though the learned counsel

appearing for petitioners placed reliance on the judgment of

Hon'ble Apex Court in the case T.K. RANGARAJAN (supra), in

view of the law declared by Constitution Bench of Hon'ble Apex

Court in the case of L. CHANDRA KUMAR (supra), I do not

find any merit in the submission made by learned counsel

appearing for the petitioners. At this stage, it is relevant to

extract the law declared by the Hon'ble Apex Court in the case

of RAJEEV KUMAR AND ANOTHER vs. HEMRAJ SINGH

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CHAUHAN AND OTHERS reported in (2010)4 SCC 554.

Paragraphs 9 to 16 reads as under:

"9. The Constitution Bench in Chandra Kumar (supra) held that the power of the High Court under Articles 226 and 227 of the Constitution and of this Court under Article 32 of the Constitution is a part of the basic structure of our Constitution (See paragraphs 78 & 79, pages 301 and 302 of the report). The Constitution Bench also held that various Tribunals created under Articles 323-A and 323-B of the Constitution, will function as Court of first instance and are subject to the power of judicial review of the High Court under Articles 226 and 227 of the Constitution. The Constitution Bench also held that these Tribunals are empowered even to deal with constitutional questions and can also examine the vires of statutory legislation, except the vires of the legislation which creates the particular Tribunal.

10. In paragraph 93, at page 309 of the report, the Constitution Bench specifically held:

"93. We may add that the Tribunals will, however, continue to act as the only courts of first instance in respect of the areas of law for which they have been constituted"

(Emphasis added) The Constitution Bench explained the said statement of law by reiterating in the next sentence:

"93. By this, we mean that it will not be open for litigants to directly approach the High Courts even in cases where they question the vires of statutory legislations (except, as mentioned, where the legislation which creates the particular Tribunal is

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challenged) by overlooking the jurisdiction of the Tribunal concerned.

11. On a proper reading of these two sentences, it is clear:

(a) The Tribunals will function as the only Court of first instance in respect of the areas of law for which they have been constituted.

(b) Even where any challenge is made to the vires of legislation, excepting the legislation under which Tribunal has been set up, in such cases also, litigants will not be able to directly approach the High Court `overlooking the jurisdiction of the Tribunal'.

12. The aforesaid propositions have been repeated again by the Constitution Bench in the penultimate paragraph 99 at page 311 of the report in the following words:

"99..The Tribunals will, nevertheless, continue to act like courts of first instance in respect of the areas of law for which they have been constituted. It will not, therefore, be open for litigants to directly approach the High Courts even in cases where they question the vires of statutory legislations (except where the legislation which creates the particular Tribunal is challenged) by overlooking the jurisdiction of the Tribunal concerned."

13. In view of such repeated and authoritative pronouncement by the Constitution Bench of this Court, the approach made to the High Court for the first time by these appellants in respect of their service disputes over which C.A.T. has jurisdiction, is not legally sustainable.

The Division Bench of the High Court, with great respect, fell into an error by allowing the appellants to treat the High Court as a Court of first instance in respect of their

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service disputes, for adjudication of which C.A.T. has been constituted.

14. The grievances of the appellants in this appeal are that they were not made parties in proceedings before the Tribunal. But in the impleadment application filed before the High Court it was not averred by them that they were not aware of the pendency of the proceeding before the Tribunal. Rather from the averments made in the impleadment petition it appears that they were aware of the pendency of the proceedings before the Tribunal. It was therefore, open for them to approach the Tribunal with their grievances. Not having done so, they cannot, in view of the clear law laid down by the Constitution Bench of this Court in Chandra Kumar (supra), approach the High Court and treat it as the Court of first instance in respect of their grievances by `overlooking the jurisdiction of the Tribunal'. The C.A.T. also has the jurisdiction of Review under Rule 17 of CAT (Procedure) Rules, 1987. So, it cannot be said that the appellants were without any remedy."

15. As the appellants cannot approach the High Court by treating it as a Court of first instance, their Special Leave Petition before this Court is also incompetent and not maintainable.

16. The principles laid down in the case of Chandra Kumar (supra) virtually embody a rule of law and in view of Article 141 of the Constitution the same is binding on the High Court. The High Court fell into an error by allowing the appellants to approach it in clear violation of

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the Constitution Bench judgment of this Court in Chandra Kumar (supra)."

5. Accordingly, petitioners are permitted to approach the

Karnataka State Administrative Tribunal for redressal of their

grievances as the present petitions are not maintainable. The

Division Bench of this Court in Writ Petition No.8005 of 2020

disposed of on 02.03.2023, had an occasion to consider the

principles as stated above. With these observations, writ

petitions stand disposed of. Liberty is reserved to the

petitioners to urge all the grounds contended in these petitions

before the Karnataka State Administrative Tribunal.

SD/-

JUDGE

ARK