Sri. M. Bhima vs The State Of Karnataka
2024 Latest Caselaw 641 Kant

Karnataka High Court

Sri. M. Bhima vs The State Of Karnataka on 8 January, 2024

Bench: Chief Justice, M.G.S. Kamal

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                                                    NC: 2024:KHC:848-DB
                                                    RP No. 587 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 8TH DAY OF JANUARY, 2024

                                       PRESENT
               THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
                                         AND
                         THE HON'BLE MR JUSTICE M.G.S. KAMAL
                          REVIEW PETITION NO. 587 OF 2023
               BETWEEN:

                     SRI. M. BHIMA
                     S/O. LATE MALAVAIAH,
                     AGED ABOUT 61 YEARS,
                     R/AT LALAGHATTA VILLAGE,
                     CHANNAPATNA TALUK,
                     RAMANAGARA DISTRICT-571 511.
                                                          ...PETITIONER
               (BY SRI. ASHWIN VAISH, ADVOCATE)

               AND:

Digitally
signed by      1.    THE STATE OF KARNATAKA
SUMA B N             DEPARTMENT OF EDUCATION,
Location:            M.S. BUILDING,
High Court           BANGALORE-560 001,
of Karnataka
                     REP. BY ITS SECRETARY.

               2.    THE COMMISSIONER
                     DEPARTMENT OF PUBLIC INSTRUCTIONS,
                     BANGALORE-560 001.

               3.    THE DIRECTOR
                     DEPARTMENT OF PUBLIC INSTRUCTIONS,
                     BANGALORE-560 001.
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                                     NC: 2024:KHC:848-DB
                                      RP No. 587 of 2023




4.   THE DEPUTY DIRECTOR
     DEPARTMENT OF PUBLIC INSTRUCTION,
     (HIGHER EDUCATION),
     RAMANAGARA DISTRICT,
     RAMANAGARA-571 511.

5.   THE SECRETARY
     VAKKALIGARA SARVAJANIKA VIDHYARTHI NILAYA,
     CHANNAPATNA TALUK,
     RAMANAGARA DISTRICT,
     RAMANAGARA-571 511.

6.   SRI. C. B. KUMAR
     MAJOR, PHYSICAL EDUCATION TEACHER,
     VAKKALIGARA SARVAJANIKA VIDYARTHI NILAYA,
     CHANNAPATNA TALUK,
     RAMANAGARA DISTRICT-571 511.

                                           ...RESPONDENTS
(BY SRI. S.S. MAHENDRA, GA FOR R1 TO R5)

      THE ADVOCATE FOR THE PETITIONER HAS FILED THE
ABOVE REVIEW PETITION UNDER ORDER 47 RULE 1 OF THE
CPC, PRAYING TO REVIEW THE ORDER DATED 12.06.2023
PASSED IN WRIT APPEAL NO. 209/2023 AND CONSEQUENTLY,
REVIEW THE ORDER DATED 12.06.2023 PASSED IN W.A. NO.
209 OF 2023 BY ALLOWING THIS REVIEW PETITION AS
PRAYED.

      THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
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                                         NC: 2024:KHC:848-DB
                                          RP No. 587 of 2023




                          ORDER

Referring to paragraph 5 of the Judgment dated

12.06.2023 passed in W.A.No.209/2023, learned counsel

for the review petitioner repeatedly argued before this

Court that as no material was presented before this Court

with regard to provision for reservation in the Notification

at Annexure-G, this Court committed an error while

passing the said order of which review is sought for.

2. Even now despite repeated queries by this Court,

learned counsel for the review petitioner is not in a

position to invite our attention to notification wherein it is

stated the post of Physical Education teacher is kept

reserved for a particular reserve category candidate.

3. Learned counsel for review petitioner however

sought to rely upon two additional documents one of which

is a report and other one is a Gazette Notification. None

of these documents satisfy the requirement of the query

posed by us now and in our original order. Review petition

NC: 2024:KHC:848-DB

is thoroughly merit less. No case is made out for review.

Accordingly review petition is dismissed.

Pending applications stands disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

SBN