Citation : 2025 Latest Caselaw 5232 Kant
Judgement Date : 19 March, 2025
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WP No. 16297 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 16297 OF 2024 (GM-RES-PIL)
BETWEEN:
1. SHRI NARASIMHARAJU
S/O. LATE HANUMANTHARAMU
AGED ABOUT 46 YEARS,
OCCUPATION: ADVOCATE,
R/O. NO.20, 2ND MAIN,
NEW BDA LAYOUT, RMV 2ND STAGE,
LOTTEGOLLAHALLI, BENGALURU NORTH,
BENGALURU - 560 094.
2. SHRI S. RAJU,
S/O. SINGRIGOWDA,
Digitally AGED ABOUT 59 YEARS,
signed by
CHAITHRA OCCUPATION: ADVOCATE,
Location: R/O. NO.104, 'SRI MOOKAMBIKA KRUPA',
High Court 6TH CROSS, 1ST MAIN, TEACHER'S LAYOUT,
of Karnataka
KENDRA UPADYAYARA SANGHA,
NAGARABHAVI 1ST STAGE,
BENGALURU NORTH,
BENGALURU - 560 072, KARNATAKA.
3. SHRI THYAGARAJA S.,
S/O. SHAMANNA S.R.,
AGED ABOUT 45 YEARS,
OCCUPATION: ADVOCATE,
R/O. NO.8, 16TH CROSS,
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NC: 2025:KHC:11562-DB
WP No. 16297 of 2024
NEAR KESHAVA THEATRE,
B.K. NAGAR, YESHWANTHPURA,
BENGALURU NORTH
BENGALURU - 560 022, KARNATAKA.
...PETITIONERS
(BY MS. SAKSHI M. KRISHNA, ADVOCATE FOR
SMT. LOCHANA S. BABU., ADVOCATE)
AND:
1. THE UNION OF INDIA
PUBLIC GRIEVANCE AND PENSIONS,
DEPARTMENT OF PERSONNEL AND TRAINING,
REPRESENTED BY ITS SECRETARY,
NORTH BLOCK, NEW DELHI - 110 001.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA,
BENGALURU - 560 001.
3. THE STATE OF KARNATAKA,
REPRESENTED BY ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS,
VIDHANA SOUDHA,
BENGALURU - 560 001.
4. THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL,
REPRESENTED BY ITS REGISTRAR,
7TH FLOOR, KANDAYA BHAVAN,
K.G. ROAD, BENGALURU - 560 001.
...RESPONDENTS
(BY SRI S. RAJASHEKAR, CGC FOR R-1,
SMT. NILOUFER AKBAR, AGA FOR R-2 & 3,
SRI RAGHAVENDRA G. GAYATRI, ADVOCATE FOR R-4)
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WP No. 16297 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
OR ORDER IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENTS TO FILL UP THE VACANT POSTS AND APPOINT
MEMBERS TO THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BANGALORE, FORTHWITH AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
The present public interest petition relates to filling up of the
vacant posts and to appoint Members to the Karnataka State
Administrative Tribunal.
2. Upon issuance of notice, the court had an occasion to pass
the following order on 09.01.2025,
"The present petition concerns the appointments to be made for the posts of Judicial Member and Administrative Member in the Karnataka State Administrative Tribunal.
2. Today when the petition came up for consideration, learned Additional Government Advocate Smt. Niloufer Akbar filed a memo in which details are given about the existing
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vacancies which are to be filled up. It is further stated in the memo as under,
"As far as the appointment to the one vacant post of Judicial member for which an advertisement was published on 08.02.2024 in the daily newspaper "Times of India" the State Government has sought for fixing of a date from the Registrar General of this Hon'ble Court vide letter dated 09.07.2024 to convene a Search-Cum-Selection Committee meeting and a reminder to this effect has been sent on 05.11.2024. A reply is awaited.
With regard to the averment made in Paragraph 8 of the Statement of objections that applications pursuant to the Paper Publication dated 15.06.2024 for another post of Judicial Member is concerned, on 30.11.2024 the State Government has sought for fixing of a date from the Registrar General of High Court of Karnataka to convene a Search-Cum-Selection Committee meeting and a reply in this regard is awaited."
3. In the aforesaid view, the consideration of the matter and the prayers made in this petition is deferred. Stand over to 11.03.2025."
3. Today, when the petition came up for further consideration,
learned Additional Government Advocate Smt. Niloufer Akbar
tenders the memo dated 18.03.2025, in which it is stated that in the
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process of recruitment to the posts, paper publication in the daily
newspapers, namely, "The Times of India", "Dakshin Bharat
Rashtramat" and "Vijayavani", of which the last two newspapers
are in vernacular, have been published on 09.02.2024 inviting
applications from the eligible candidates and the last date was
09.03.2024. It is further stated that 19 applications are received
which are forwarded to the Registrar General of the High Court of
Karnataka.
3.1 It was stated that a meeting of the Search-Cum-Selection
Committee was held to carry to further the process of appointment.
It was further stated in the memo that in the meanwhile, one of the
judicial members retired on 16.06.2024 and to fill up the vacancy
arising, applications were invited by the advertisement dated
25.06.2024, which was published in three newspapers for which
the last date was 08.08.2024. It was stated that pursuant to the
same, 22 applications were received and they are forwarded to the
Registrar General of the High Court of Karnataka.
3.2 It was further stated that since one more judicial member is
to retire on 03.04.2025, the advertisement was published on
21.02.2025 in three daily newspapers and the last date for filing of
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the applications pursuant to the advertisement is 07.04.2025. Along
with the memo, the notice dated 04.03.2025 regarding convening
of the meeting of the Search-cum-Selection Committee is
produced. Also produced are the copies of the advertisement
referred above.
4. In view of the above details coming forth and placed on
record, it is evident that the respondents are already active in
undertaking the process for filling up the post to the judicial and
administrative members on the vacant posts in the Karnataka State
Administrative Tribunal.
5. In light of this, the present petition is not required to be kept
pending. It is disposed of with an observation that the respondents
shall take the process to its logical end as expeditiously as
possible.
Sd/-
(N. V. ANJARIA) CHIEF JUSTICE
Sd/-
(M.I.ARUN) JUDGE
CR
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