Citation : 2024 Latest Caselaw 10417 Kant
Judgement Date : 15 April, 2024
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NC: 2024:KHC:14904
WP No. 10747 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 10747 OF 2024 (S-RES)
BETWEEN:
SRI. NEERAJ RAKSHIT
S/O SRI HV KRISHNA SWAMY
AGED ABOUT 23 YEARS
NO. 1062, 7TH A MAIN
NEAR WIPRO PARK, 3RD BLOCK
KORAMANGALA, BANGALORE-560 034.
AADHAR NO. 8028 6594 9569.
...PETITIONER
(BY SRI. ASWATHAPPA D., ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY
Digitally signed
by CHAITHRA A TO THE DEPARTMENT OF HIGHER EDUCATION
Location: HIGH GOVERNMENT OF KARNATAKA
COURT OF VIKAS SOUDHA
KARNATAKA
BANGALORE-560 001.
2. KARNATAKA PUBLC SERVICE COMMISSION (KPSC)
UDYOGA SOUDHA
OFFICE OF PUBLIC SERVICE COMMISSION
BANGALORE-560 001.
REPRESENTED BY THE SECRETARY/ASST.
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NC: 2024:KHC:14904
WP No. 10747 of 2024
3. ASSOCIATION OF INDIAN UNIVERSITIES
AIU HOUSE, 16
COMRADE INDRAJIT GUPTA MARG
NEW DELHI-110 002.
REPRESENTED BY ITS SECRETARY.
...RESPONDENTS
(BY SMT. B. SUKANYA BALIGA, AGA FOR R1;
SRI. K.M. PRAKASH, ADVOCATE FOR R2;
NOTICE TO R3 IS DEFERRED FOR THE TIME BEING)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ENDORSEMENT DATED 08/04/2024 ISSUED BY THE R2
PRODUCED AS ANNEXURE-L. DIRECT THE R2 TO ACCEPT THE
ONLINE APPLICATION BY PROVIDING PROVISION FOR THE
PETITIONER TO SUBMIT THE EQUIVALENCE CERTIFICATE FOR
THE FOREIGN BACHELORS DEGREE AWARDED TO HIM,
PRODUCED AS ANNEXURE-F.
THIS WP, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:14904
WP No. 10747 of 2024
ORDER
The captioned petition is filed assailing the
endorsement dated 08.04.2024 issued by the respondent
No.2 thereby rejecting petitioner's application on the
ground that the educational qualification of Bachelor of
Arts (Honours) in Business Management secured by the
petitioner from Coventry University London cannot be
considered.
2. Since the issue relates to recruitment of civil
posts, this Court is not inclined to grant any indulgence.
The objections raised by the counsel appearing for the
respondents in regard to maintainability of the writ
petition is upheld.
3. Though learned counsel has tried his best to
persuade this Court by citing several judgments, this Court
is more than satisfied that petitioner has to ventilate his
grievance exclusively before the Tribunal. The present
matter does not warrant recourse to writ remedy alleging
gross violation of principles of natural justice. Petitioner to
NC: 2024:KHC:14904
seek redressal of his grievances can maintain an
application before the tribunal which has the original
jurisdiction to decide all complex issues that are raised in
the captioned petition. Therefore, this Court is not inclined
to entertain the petition.
4. Relegating the petitioner to avail remedy before
the Tribunal, the captioned petition stands disposed of.
Liberty is reserved to the petitioner to approach the
KAT.
Sd/-
JUDGE
CA
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