Karnataka High Court
Mahesh A C vs The State Of Karnataka on 23 September, 2014
Equivalent citations: 2015 LAB. I. C. 385, 2014 (4) AIR KANT HCR 642 (2014) 4 KCCR 493, (2014) 4 KCCR 493
Author: D.H.Waghela
Bench: D.H.Waghela
-1-
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 23RD DAY OF SEPTEMBER 2014
PRESENT
THE HON'BLE MR. D.H.WAGHELA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE H.G.RAMESH
R
WRIT PETITION Nos.6842-6880/2010 (S-KAT)
C/W
WRIT PETITION Nos.15002/2011 &
21131-21146/2011,16948-16995/2010, 8215/2010,
8715/2010 & 8906/2010, 10106/2010 & 12726-
12763/2010, 17294-17327/2010, 17481/2010 &
17485-17490/2010 & 17723-17727/2010,
19401/2011 & 21520-21530/2011, 24525/2010,
41905-41908/2010 & 6747-6758/2011,
908-911/2011, 103593/2014 & 103620-
103657/2014 (S-KAT)
IN WP Nos.6842-6880/2010 (S-KAT)
BETWEEN:
1. MAHESH A C
S/O CHANDREGOWDA
AGED 35 YEARS, NO.28/2, ARALAGUPPE
VITULAPURA POST, K.R.PET TALUK
MANDYA DISTRICT
2. ARUN PATIL S/O SURENDRA S PATIL DELETED V/O DTD.
AGED 39 YEARS 05.03.2010
3. SURESH C S/O CHANNAPPA POOJAR
AGED 35 YEARS, KURUBARABEEDI
JANNAPURA, BHADRAVATHI
4. SHIVANANJEGOWDA B N
S/O NANJEGOWDA B C
AGED 32 YEARS, NO.37, M.E.S.ROAD
OPP:MOTHER THERESA SCHOOL
MUTHYALAMMA NAGARA
JALAHALLI, BANGALORE 560 054
-2-
5. CHANDRAKANTH DELETED
S/O GURUSIDDAPPA HULSURE
AGED 31 YEARS V/O DTD.
6. MAESH JALWADI S/O MALLIKARJUNA 05.03.2010
AGED 39 YEARS
7. H G SOMASHEKAR
S/O H A GANGEGOWDA
AGED 36 YEARS
BEHIND T.B. SAKREPATNA - 577 135
KADUR TALUK, CHIKKAMAGALUR DISTRICT
8. K RAJESH S/O K RAMESH SHET
AGED 37 YEARS, DAIVAJNA COMPOUND
BTR ROAD, OPP. M.G.PARK
KUNDAPURA - 576 201
9. K YOGENDRA S/O KRISHNAPPA
AGED 36 YEARS
NO.16, ESHWAR RAO COMPOUND
8TH MAIN, T.DASARAHALLI
NAGASANDRA POST
BANGALORE - 560 073
10. K MARILINGAPPA DELETED
S/O NINGAPPA K V/O DTD.
AGED 40 YEARS 05.03.2010
...PETITIONERS
(BY SRI H. SUBRAMANYA JOIS, SR. COUNSEL FOR
SRI K.C.SHANTHAKUMAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY THE SECRETARY TO GOVERNMENT
TRANSPORT DEPARTMENT
M.S.BUILDING, DR.AMBEDKAR ROAD
BANGALORE-560 001
2. THE COMMISSIONER FOR TRANSPORT
IN KARNATAKA, 5TH FLOOR, M.S.BUILDING
DR.AMBEDKAR ROAD
BANGALORE 560 001
3. SRI B. P. NAVEEN
S/O MR. PUTTASWAMI GOWDA
-3-
AGED ABOUT 31 YEARS
R/O No.276/141, 9TH MAIN
PIPELINE, VIJAYNAGAR
BANGALORE - 560 040
4. SRI HUSSAIN SAB
AGED ABOUT 28 YEARS
RESIDING NEAR BIG WATER TANK
BAGALKOT-587101
5. SRI MALLESHAPPA P SAJJAN
AGED ABOUT 39 YEARS
R/A NO.32, NEAR KARNATAKA SEEDS
CORPORATION, 22ND CROSS, VIJAYANAGAR
VIDYAGIRI, BAGALKOT
6. SRI VINAY KUMAR
S/O SRI HANUMANTHAPPA BAJANTHRI
AGED ABOUT 39 YEARS, R/A PAVAN NILAYA
SAPTAGIRI LAYOUT, GADDANAKERI
BAGALKOT DISTRICT
7. SRI SANTOSH KUMAR KOMPI
AGED ABOUT 28 YEARS, R/A NO.77, WARD NO.1
HIREHADAGALLI, BELLARY DISTRICT
8. SMT. KAVITHA T N
AGED ABOUT 32 YEARS
R/A NO.103, 2ND FLOOR
2ND CROSS, RAILWAY COLONY
RAMAKRISHNA NAGAR
4TH BLOCK, NANDINI LAYOUT, BANGALORE
9. SRI MOHAMMED SHARIEF M SHEKHAJI
S/O SRI SHEIKJI, AGED ABOUT 30 YEARS
R/A NO.18, I FLOOR
ABOVE BYRAVA DRIVING SCHOOL
33RD CROSS, JUGANAHALLI, 2ND BLOCK
RAJAJINAGAR, BANGALORE
10. SRI RAGHAVENDRACHARI
C/O M CHALAPATHI, AGED ABOUT 34 YEARS
R/A NO.307, 8TH CROSS, SARASWATHIPURAM
NANDINI LAYOUT, BANGALORE
11. SRI UDAY S NAIK
AGED ABOUT 39 YEARS
-4-
R/A NO.78/2K, 13TH CROSS
I BLOCK, RAJAJINAGAR, BANGALORE
12. SRI BASAVARAJ BIRADAR
AGED ABOUT 29 YEARS
R/A No.669, MARUTHI NILAYA
MUNICIPAL QUARTERS ROAD
SUBASH NAGAR, NELAMANGALA
BANGALORE
13. SRI GOPAL S C/O YUSUF SHARIFF
AGED ABOUT 35 YEARS
R/A NO.22/1, 2ND FLOOR
KAVERAPPA LAYOUT
MILLER TANK BUND ROAD
NEAR JAIN HOSPITAL, BANGALORE
14. SRI SHIVAPPA ALAGAWADI
AGED ABOUT 47 YEARS
R/A HOUSE NO.1, KRISHNAPPA BUILDING
NEAR FATHIMA HEALTH CENTRE
4TH CROSS, II WARD, K.G.HALLI
BANGALORE
15. SRI MURTHY NAIK K
AGED ABOUT 49 YEARS
R/A NO.317, 11TH CROSS
17TH MAIN ROAD
SWATANTRAYODHANAGAR
MAHALAKSHMIPURAM, LAGGERE BRIDGE
BANGALORE
16. SRI SANTOSH M PATIL
AGED ABOUT 31 YEARS
R/A LAKSHMI NIVAS
RAJENDRA NAGAR
SOLLAPUR ROAD, BIJAPUR
17. SRI DATTATRAY MASKI
AGED ABOUT 35 YEARS
C/O LAKSHMAN MASKI
R/O GYAN BOWDI ROAD
NEW KUMBAR GALLI, BIJAPUR
18. SRI DUNDAPPA SHANKAR NAIKODI
AGED ABOUT 43 YEARS
R/A NO.64/4, KASAGERI STREET
BIJAPUR
-5-
19. SRI RAVISHANKAR NAGATHAN
AGED ABOUT 36 YEARS
R/A SAMRUDHI NILAYA
OPP:SRI MALLIKARJUN ASHRAM
BIJAPUR
20. SRI PARVEEZ M G
AGED ABOUT 34 YEARS
R/A NO.189, GROUND FLOOR
11TH CROSS, DEVARAJ URS LAYOUT
A BLOCK, DAVANAGERE
21. SRI MAHESH KUMAR MENASINKAI
AGED ABOUT 39 YEARS
S/O SRI V B MENASINAKAI
R/A & POST:BELLATTI
SIRAHATTI TALUK
GADAG DISTRICT
22. SRI PANCHAKSHARI ALAVANDI
AGED ABOUT 30 YEARS
R/A & POST:DAMBAI
MUNDARAGI TALUK
GADAG DISTRICT
23. SRI MAHADEVAPPA TALAWAR
AGED ABOUT 30 YEARS
C/O SHANKARAPPA LAXMAPPA VALMIKI
R/A OLD BALAVINAYAK SCHOOL
VAKIL CHAWAL, GADAG
24. SRI NINGAPPA F HOSAMANI
AGED ABOUT 47 YEARS
C/O V F HOSAMANI
R/A & POST:SHAGOTI,GADAG DISTRICT
25. SRI PRAKASH HULLE
AGED ABOUT 28 YEARS
R/A LIG 15, III PHASE
BADEPUR COLONY
SEDAM ROAD, GULBARGA
26. SRI AYYALAPPA S/O SRI BHEEMAPPA
AGED ABOUT 44 YEARS
R/A KANDAKAR POST
YADAGIRI TALUK, GULBARGA DISTRICT
-6-
27. SRI JAGADISH H S S/O SUNDAR SWAMY H K
AGED ABOUT 40 YEARS
R/A No.357, BEHIND UDACHALAMBHA TEMPLE
HASSAN
28. SRI RAGHAVENDRA H V
S/O VENKATARAMANAIAH H N
AGED ABOUT 38 YEARS, R/A SUSHIL NIVAS
SEETHA VILAS ROAD FORT
HOLENARASIPURA, HASSAN DISTRICT
29. SRI ANANTHARAMU S/O GOVINDARAJU
AGED ABOUT 27 YEARS, R/A K.H.B. NO.3/LIG II
SANTEE MARUR POST, ARAKALGUD TALUK
HASSAN DISTRICT
30. SMT. AMULYA D/O SRI JAGADISH
AGED ABOUT 32 YEARS, R/A AMULYA NIVAS
NO.1240, RAKSHINAPURA, HASSAN
31. SMT. ASHA N R
AGED ABOUT 36 YEARS
R/A NO.1553, SALGAME ROAD
SARASWATHIPURAM
OPP.SANJIVINI HOSPITAL, HASSAN
32. SRI RAJU BASSAPPA ALAGUNDI
AGED ABOUT 33 YEARS
R/A NO.10B, VENKATESH COLONY
BENGERI, HUBLI, DHARWAD
33. SRI SRINIVAS MURTHY G N
S/O G P NARAYANASWAMY
AGED ABOUT 33 YEARS
R/A DALASANUR POST AND VILLAGE
SRINIVASAPURA, KOLAR DISTRICT
34. SRI PUTTASWAMY R
AGED ABOUT 40 YEARS
R/A AND VILLAGE RAYASAMUDRA
POST RAYASAMUDRA, K.R.PET TALUK
MANDYA DISTRICT
35. SRI SUBHASH M S
AGED ABOUT 33 YEARS
R/A NO.216, 1ST CROSS
4TH MAIN, H BLOCK,
R.K.NAGAR, MYSORE
-7-
36. SRI RAGHAVENDRA A R
AGED ABOUT 33 YEARS
R/A NO.1914, 3RD CROSS
14TH MAIN, II STAGE, MYSORE
37. SRI RANGANATH S/O RANGAPPA
AGED ABOUT 31 YEARS
R/A CHIKKEGOWDANAPALYA
MADIKEHALLI POST, KOTTAGERE
KUNIGAL TALUK, TUMKUR DISTRICT
38. SRI BASAVARAJU K C S/O CHANDRASHEKAR K L
AGED ABOUT 41 YEARS, R/A BASAVAKRUPA
NO.22, OPP:UCO BANK, BATAWADI, TUMKUR
39. SMT. VIDYA N D/O L NARASIMHAN
AGED ABOUT 28 YEARS, R/A HAMSA NILAYA
BEHIND DEEPAK CABLES
10TH CROSS, VIDYANAGAR, TUMKUR
40. SRI P PRADEEP KUMAR
AGED ABOUT 30 YEARS
R/A NO.258, NEAR KALABYRAVESHWARA TEMPLE
THIMMANAHALLI, C.N.HALLI, TUMKUR
41. SRI PRAKASH T M S/O MALATHESAIAH T N
AGED ABOUT 32 YEARS
R/A THOSRESURAGONDANAHALLI
HULIYUR POST AND HOBLI
42. SRI ANAND REDDY
S/O R. NARAYANA REDDY
AGED ABOUT 35 YEARS
RAJU NILAYA, KVOR COLONY
HAGARI BOMMANAHALLI
BELLARY DISTRICT
(IMPLEADED V/O DTD.17.6.2010) ... RESPONDENTS
(BY SRI MADHUSUDAN R NAIK, SR. ADVOCATE AS SPL. COUNSEL
ALONG WITH SRI RAVINDRA D.K., ADVOCATE FOR R1 & R2;
SRI J PRASHANTH FOR M/S RAVIVARMA KUMAR ASSOCIATES,
ADVOCATES FOR R3, R8-R10, R13, R15, R18, R20, R21, R23,
R24, R25 & R27 - R31, 33-41; SRI S M BABU, ADVOCATE FOR
R4, R5, R14, R16, R17,R19 & R22; SRI C.M.NAGABHUSHAN &
SRI P.V.CHANDRASHEKAR, ADVOCATES FOR R6, R7 &
R26; SRI H KANTHARAJ, ADVOCATE FOR C/R12;
-8-
SRI V LAKSHMINARAYAN, SR. COUNSEL FOR
SRI L. VIJAYAKUMAR, ADVOCATE FOR R42;
SRI D N NANJUNDAREDDY, SR. COUNSEL FOR NITYANAND,
ADVOCATES FOR R11 & R32)
WRIT PETITION Nos.6842-6880/2010 ARE FILED UNDER
ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR THE RECORDS RELATING TO, CONNECTED WITH
CONCERNING THE IMPUGNED ORDER VIDE ANNEX-A DTD. 2.3.2010
PASSED BY THE HON'BLE KARNATAKA ADMINISTRATIVE TRIBUNAL,
BANGALORE IN A.NO.1212-1250/2010, PERUSE THE SAME AND
DECLARE AND QUASH THE SAID ORDER AND THE PROCEEDINGS
CULMINATING IN THE SAME AS ILLEGAL AND UNSUSTAINABLE AND
ETC.,
IN WP Nos.15002/2011 &
21131-21146/2011 (S-KAT)
BETWEEN:
MR KAMBLE SATISHKUMAR
AGED 42 YEARS, S/O SHANKAR
R/AT NAGARAL, CHIKKODI TALUK
BELGAUM DISTRICT 591 247 ... PETITIONER
(By SRI SHRIDHAR PRABHU, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF TRANSPORT
MULTI-STORIED BUILDINGS
DR AMBEKAR VEEDHI, BANGALORE 560 001
(REPRESENTED BY ITS PRINCIPAL SECRETARY)
2. KARNATAKA PUBLIC SERVICE COMMISSION
HAVING ITS OFFICE AT PARK HOUSE
BANGALORE 560 001
(REPRESENTED BY ITS SECRETARY)
3. THE COMMISSIONER OF TRANSPORT AND ROAD SAFETY
GOVERNMENT OF KARNATAKA
5TH FLOOR, M S BUILDING
DR AMBEDKAR VEEDHI
BANGALORE 560 001
4. MR. H.G.SOMASHEKARA, S/O H.A.GANGEGOWDA
AGED ABOUT 34 YEARS
-9-
BEHIND T.B.SAKREPATNA
KADUR TALUK, CHICKMAGALUR DISTRICT
5. MR. MARILINGAPPA K
S/O NINGAPPA K.L
AGED 34 YEARS
RAMAPURA POST, KUDLIGI TALUK
BELLARY
6. MR. VENUGOPAL
S/O LATE K.M.SHIVARAM
AGED 37 YEARS
DOOR NO.97, F KOLIDARA ROAD
JAYALAKSHMIPURAM, MYSORE
7. MR. VEERABHADRAPPA HARIHAR
AGED 35 YEARS, S/O MR. GURUSHANTHAPPA
3247, VEERESHKRUPA, 11TH MAIN
2ND CROSS, MC.C. B BLOKC
DAVANAGERE
8. MR. KUMARA H.M
S/O SRI MALIRANGAIAH
AGED 38 YEARS
NO.18/4(1), SUDARSHAN BADAVANE
MADIKERI
9. MR. K. YOGENDRA
AGED 31 YEARS
S/O MR. KRISHNAPPA
NO.16, ESHWAR RAO COMPOUND
8TH MAIN, T. DASARAHALLI
NAGASANDRA POST, BANGALORE
10. MR. ANANDA KUMAR B.G
AGED 30 YEARS
S/O MR. GOVINDAPPA
NO.64, 1ST MAIN ROAD
PARVITHIPURAM, BANGALORE
11. MR. HAREESH B K
AGED 30 YEARS
S/O C. KODANDARAM
NO.29, 5TH CROSS, 6TH A MAIN
J.P.NAGAR, 2ND STAGE
BANGALORE
-10-
12. S.G.JAMALUDHEEN
S/O S.S GHAZNAVI
AGED ABOUT 48 YEARS
RESIDING AT NO.22/1, 6TH CROSS
REHMAT NAGAR, R.T.NAGAR POST
BANGALORE - 560 032
13. H.S.HIREMATH
SON OF S.S.SEETHARAMU
AGED ABOUT 30 YEARS
RESIDING AT DOOR NO.ES 720
III MAIN ROAD, KUVEMPUNAGAR
HASSAN - 573 201
14. T.H.MAHESH KUMAR
S/O T.G.HANUMANTHA RAO
AGED ABOUT 33 YEARS
RESIDING AT NO.143, 'ANNAPOORNESHWARI'
2ND CROSS, 5TH MAIN, JAYANAGAR EAST
SHETTIHALLI MAIN ROAD
TUMKUR
15. V. RAVI, S/O N VEERBHADRAPPA
AGED ABOUT 42 YEARS
NO.55, 4TH CROSS, LINK ROAD
MALLESHWARAM
BANGALORE - 560 003
16. T. MURALIDHARA
S/O C THIMMAIAH
AGED ABOUT 42 YEARS
RESIDING AT NO.3531, 7TH CROSS
GAYATHRI NAGAR
BANGALORE - 560 021
17. RAMESH B S
S/O B. K. SEETHARAMAIAH
AGED ABOUT 39 YEARS
NO.295, 8TH MAIN, 15TH CROSS
WILSON GARDEN, BANGALORE
18. M.D.SHARASH CHANDRA HEGDE
S/O K. DEVARAJA HEDGE
AGED ABOUT 37 YEARS
NO.168/F3, SHRINAGAR, 8TH MAIN
SARVAJANIKA HOSTEL ROAD
VIDYARANYAPURAM
MYSORE - 570 008
-11-
19. MOHD. JAFAR SADIK
S/O T.N.NAVALI
AGED ABOUT 33 YEARS
FIZA COMPUTERS, 1ST FLOOR
ABU BAKAR COMPLEX
DAILY MARKET ROAD, KILLA AREA
GANGAVATHI - 583 227
20. MAHESH A.C
S/O CHANDRA GOWDA
AGED ABOUT 32 YEARS
NO.36, ARALAKUPPE
VITALAPURA POST, K.R.PET TALUK
MANDYA DISTRICT
21. SURESH C
S/O LATE CHANNAPPA
AGED ABOUT 32 YEARS
NO.L-07, KALABHYRAVA NILAYA
4TH MAIN ROAD, HEBBAL I STAGE
METAGALLI, MYSORE - 570 016
22. NAGARAJ SHELAGI
S/O SABANNA B SHELAGI
AGED ABOUT 30 YEARS
HOUSE NO.424/C
SHANTHINIKETHAN COLONY
O/H DAEWOO MOTORS
BHAIRIDEVER KRUPA
P.B.ROAD, HUBLI - 580 025
23. R. RAGHUNANDAN
S/O A.P.RAJAGURU
AGED ABOUT 24 YEARS
NO.77, H.V.R. LAYOUT
6TH MAIN, BANGALORE - 560 079
24. VISHWANATH SHETTAR
NO.278, WARD NO.8
BALULAMUTT
OPP. STATION ROAD
BAGALKOT - 587 101
25. MANJUNATH G R
S/O G. K. RANGACHARI
GOWDARAKALLI, NEEJIGERE POST
SAKALESHPUR TALUK
HASSAN DISTRICT -573 134
-12-
26. SURESH B.M
S/O MUDDERE GOWDA G.K
SRIDEVI NILAYA, POST OFFICE ROAD
HALAGUR, MALAVALLI TALUK
MANDYA DISTRICT - 571 421
27. SURESH
NO.1775/17, VINAYAK NAGARA
POST NIJAGUNDI
B. BAGEDAWADI TALUK
BIJAPUR - 586 213
28. PRAVEEN N.S
NO.84/2 B, 5TH CROSS
RAJENDRA NAGAR
MYSORE - 570 007
29. HARSHA H.P
C/O M. PARAMESHWARAPPA
MARUTHI NILAYA
UNION COLONY
HEAD POST OFFICE ROAD
CHITRADURGA - 577 501
30. SANTOSH SHETTY
S/O HARIYANNA SHETTY
MALEKABBINABYLE POST AND VILLAGE
HULLUR, KUNDAPUR - 578 229
31. SHIVAKUMAR N
NO.63, BELEGERE
NANJUNGUD TALUK
MYSORE - 571 129
32. H.R. PRAKASH
HKANUTHUR VILLAGE AND POST
MUDUGERE TALUK, CHIKKAMANGALORE
33. K.V.NAGARAJ
S/O VEERABHADRAPPA
KALPUR POST
CHAMARAJANAGAR
TALUK AND DISTRICT
34. YOGESH C
C/O K.R.HANUMAPPA
BAGANNA NILAYA
-13-
10TH CROSS, IUDP LAYOUT
N.H.4, BANGALORE ROAD
CHITRADURGA
35. MAHESH C MATTAPATHI
C/O C.B.MATTAPATHI
MARDIMUTT
AT POST, GOKAK TALUK
BELGAUM DISTRICT
36. R. RAKESH
KAMALLAMMA KEMPANNA COMPUND
VENUGOPALASWAMY TEMPLE ROAD
4TH BLOCK, D.B.SANDRA
VIDYARANYAPURAM, BANGALORE
37. C.N.KANNAN
S/O NAJAIAH M.B
KARINAJAPURA LAYOUT
SOMAVARPET POST
CHAMARAJANAGAR
TALUK AND DISTRICT
38. J.V.SUNDAR
NO.230, OPH ROAD
NEAR JAIN TEMPLE
BANGALORE - 560 051
39. PRASHANTH MARALINGANAVAR
AT POST KULLUR
RAMADURGA, BELGAUM
40. YOGESH
NO.6531, BASAVAKRUPA
16TH CROSS, NAGESHWARAN LAYOUT
NANJANGUD, MYSORE.
41. SIDDALINGESH BELAD
S/O D.V.BELAD
SIDDALINGA SADAN
3RD MAIN ROAD
2ND CROSS, HUDCO COLONY
GADAG
42. IMTHIAZ PASHA
NO.3718/2, 8TH CROSS
9TH MAIN ROAD
-14-
KAUVERI NAGAR
BSK 2ND STAGE
BANGALORE - 560 070
43. VINAY CHOUDHARI K
NO.7, 3RD CROSS
SURVEY NO.129, KRISHNAPPA LAYOUT
BEM NAGAR, 8TH STAGE
BANGALORE - 560 098
44. KESHAVAPPA N
NO.1609, HBR LAYOUT
NEAR 10TH BMTC DEPT
KACHARAKKANAHALLI
KALYAN NAGAR POST
BANGALORE - 560 043
45. MOHD. KHALEEL A. S
J.C.R. EXTENSION
2ND CROSS, NEAR KANNADA
PRIMARY SCHOOL, CHITRADURGA -1
46. C. SUNIL, NO.30/1, MANJUNATHASWAMY NILAYA
CHOWDESHWARI TEMPLE STREET
BATAWADI, TUMKUR - 3
47. MARUTHI NAIK
TARI BAGELU, HEGDE POST, KUMTA TALUK
UTTAR KANNADA DISTRICT - 581 330
48. C.S.SATISH
NO.8/1, BHARATHI NILAYA
JYOTHI RAO LANE
3RD CROSS AT STREET
YESHWANTHPURA
BANGALORE - 560 022
49. JAVARAIAH K
SON OF KARAGAIAH
NO.112, EWS NEAR MADEGOWDA CIRCLE
1ST STAGE, HEBBAL
MYSORE - 570 018
50. ABDUL NAZIM
CHARGEMAN
KSRTC, SHIVANASAMUDRAM BLUFF
MALAVALLI TALUK
MANDYA DISTRICT
-15-
51. BALACHANDRA THODALABAGI
S/O H.S.THODAIABAGI
CHALUKYANAGAR, SHOLAPUR ROAD
BIJAPUR - 1
52. BASAVARAJU M
S/O MUNISWAMY
SHIVKRUPA
MINI VIDHANA SOUDHA
ARASIKERE 2ND BLOCK
RAJAJINAGAR
BANGALORE - 560 010
53. PUTTUSWAMY H.N
NO.16, MANJUNATHSWAMY NILAYA
19TH 'A' MAIN ROAD
NEAR VENKATESHWARA THEATRE
G.E.F.POST, AVALAHALLI
BANGALORE - 560 028
54. PRABHAKAR N
S/O M NARASIMHAIAH
NAGUVANAHALLI
SRIRANGAPATNA TALUK
MANDYA DISTRICT - 571 438
55. PRABHAKAR
S/O SHARANAPPA CHAWHAN
JAVALGAZ, ALAND
GULBARGA
56. ASHFAN B S S/O HAMSUDDIN B.A
NEAR SHIFFAQ CLINIC
GANAPATHI STREET
MADHIKERE - 571 201
57. K.G.RAMASWAMY
NO.126, 8TH CROSS
8TH BLOCK, B.D.A. LAYOUT
NAGARABHAVI 2ND STAGE
BANGALORE - 560 072
58. NANDISH S.N
S/O NANJUNDAGOWDA S.T
SIDDANNAHALLI VILLAGE
S. MADANANGALA POST
BANGALORE - 563 114
-16-
59. C. TIPPESWAMY
NO.1537, 4TH C MAIN ROAD
1ST FLOOR, REMCO LAYOUT
VIJAYANAGAR POST
2ND STAGE, BANGALORE - 560 040
60. B.S.NANDISH
S/O SRINIVASAMURTY
BASAVARAJANAGAR
BENDIKERE POST
ARASIKERE TALUK
HASSAN
61. N. PRABHU
S/O NANJUNDAIHA M
VIVEKANANDANAGARA
GARDEN HOUSE
BANGARPET - 583 114
62. JAGADISH.G
C/O D.K. DANNIMANNA
KANIVENILAYA
NO.189, MAHALAKSHMINAGAR
BATAWADI, TUMKUR - 572 103
63. SHARANAIAH
S/O RAMAIAH VIBUTH
HUDGI POST, HUMNABAD
BIDAR DISTRICT - 585 329
64. RAMACHANDRA K.P
NO.678, MAIN ROAD
KIKKERI, K.R.PET TALUK
MANDYA DISTRICT
65. RAJESH S.P
NO.12, 8TH CROSS
8TH MAIN, VIDHYARANYAPURAM
MYSORE - 570 008
66. ARUN FAKIRAPPA KATIMANI
C/O F.K.KORAVAR BUILDING
KARGO ROAD, GADAG-1
67. RAGHU. M H
TRUPTHI 2ND CROSS, 80 FEET ROAD
BATAWADI, TUMKUR-3
-17-
68. PAVITHRA K
D/O LAKSHMAN PUJARI K
BANERE COMPOUND, ULLANDI
PUTTUR, DAKSHINA KANNADA - 574 201
69. RAVIRAJ
SINDU, NO.F1/10
PARASVADI, 2ND STAGE, KESHAVAPUR
HUBLI-30
70. SAIFUDDIN KHAR
M.I.G.85, NE3AR HUDECO STAGE
BANNIMANTAP, MYSORE- 15
71. DILIP KUMAR R
NO.1075, 32ND CROSS
SIR M.V. EXTENSION
S.I.T. MAIN ROAD
TUMKUR- 2
72. VISHWAJEET MALAJURE
NO.310, SHRAVANTHI WOODS
NOBO NAGAR, BANNERGHATTA ROAD
BANGLAORE - 560 078
73. SHAMBUSHEKAR J M
NO.97, 8TH CROSS, 'A' BLOCK
D. DEVARAJ URS LAYOUT
DAVANAGERE - 6
74. SHEKAR A
NO.1, KONNAKUNTE CROSS
KANAKAPURA MAIN ROAD
BANGALORE - 560 006
75. VENKATAPPA
NO.1-5-207, NEAR SBH
GURUMITKAL PSOT, YADAGIR TALUK
GULBARGA DISTRICT - 585 214
76. T. SUDHIR BABU
S/O C. THIMAPPA
NO.2056, SRI BALAJI KRUPA
CHELAVAIAH STREET
RAMAMURTHY NAGAR
BANGALORE - 560 016
-18-
77. VIJAY KUMAR D.H
C/O SATHYANARAYANA
NO.775, EWS HOUSING BOARD
KUVEMPU NAGAR
HASSAN - 1
78. MAHANTHESH
SRILSHYLA MALLIKARJUNA NILAYA
NEAR WATER TANK
BUS STAND, LINGASUGUR - 584 122
79. RAMESH SHANKAR MILAGI
AUTO MOBIL ENGINEER
B-21, HEERANAGAR, FACTORY COLONY
SANKESHWAR - HUKKERI
BELGAUM DITRICT - 591 314
80. OM PRAKASH ADIN
APDOUPPARATHI
GOKAK, BELGAUM DISTRICT - 581 233
81. G.N.SURESH
S/O NELAKANTAIAH
LINGANAHALLI POST, CHENNAGIRI
SHIMOGA DISTRICT - 577 221
82. T.S.GIRIDHAR
NO.447B, 9TH CROSS, 2ND STAGE
J.P.NAGAR, BANGALORE - 560 078
83. MRUTHUNJAYA HONNAKERE
NO.8, 9TH CROSS, VISHWESHNAGAR
HUBLI - 32
84. NAGARAJ D.B
S/O BORAPPA
DODDENAHALLI, RANGASAMUDRA
PAVAGADA, TUMKUR DISTRICT - 581 202
85. MR. SUDHAKAR M N
R.R.ENTERPRISES, NO.41
D.DUTHIL, YESHWANTHAPURA
INDUSTRIAL SUBURB
BANGALORE - 560 022
86. SURESH KUMAR R S/O N RAMANNA
TELEPHONE EXCHANGE
KUDUR, MAGADI TALUK
-19-
87. G.NAGARAJA
S/O LATE GOSHAPPA
SASALAKUNTE POST
PAVAGADA TALUK
TUMKUR DISTRICT - 581 202
88. SADRULLA SHARIFF H
C/O NAGENDRA, MAVINAKERE ROAD
MAYASANDRA PSOT, TURUVEKERE
TUMKUR DISTRICT - 572 221
89. H PRASANNA
NO.151/B, 3RD BLOCK
KENDRIYA VIHAR, YELAHANKA
BANGALORE - 560 084
90. MR. SOMASHEKAR PRABHU
NO.116, 2ND STAGE, HANUMAN NAGAR
BELGAUM - 590 001
91. MR. MALLIKARJUNA
HOSA AGRAHARA, K.R.NAGAR TALUK
MYSROE DISTRICT - 571 602
92. PRAKASH HULBATTI
C/O HEMAPPA M
SANGAMESHWAR NILAYA
SUNDARGERE STREET
HASARAPANNAHALLI
DAVANAGERE DISTRICT - 583 131
93. ASADULLA BAIG. M M
NO.D-1/352, NEAR MOSQUE
2ND MAIN ROAD, R. LEELAVATHI EXTENSION
MADDUR, MANDYA DISTRICT
94. RANJITHA B K
NO.257, TEJESH NILAYA
HOYSALA NAGAR, BERANAHALLI KERE
POLICE COLONY
HASSAN - 573 201
95. PARAMANANDA SAJJAN
BYCODE, SINDAGI TLUK
BIJAPUR DISTRICT - 586 128
-20-
96. GOVINDALALU RAHOD
S/O LALU RATHOD, ARAKERE
L.T.3, BIJAPUR - 586 103
97. NAYAS KHAN PATTAN
AZAD NAGAR, HEREKERUR TALUK
HAVERI DISTRICT - 581 111
98. MR. VARADARAJU
NAIKARAHALLE RASTHE
BANDALI POST, KOLLEGAL TALUK
CHAMARAJNAGAR - 571 439
99. H.R.SOWMYLA
D/O RUDRAPPA
NEW NEW CROSS QUARTERS
NO.576, MYSORE CEMENT LIMITED
AMMASANDRA, TUMKUR - 572 211
100. GIRISH BABU H TR
NO.78, KHB COLONY, 2ND CROSS
OOTY ROAD, NANJANAGUD
MYOSRE DISTRICT
101. POORNIMA
SHIVACHANDRA, 104/1
GANDHIJI ROAD, MARY HILL
MANGALORE - 8
102. RAVI BHISE
PARADHOL POST, INDI TALUK
BIJAPUR DISTRICT - 586 201
103. VINAYAKA NAIK
NO.356, MARUTHI PRIMARY SCHOOL
GANESHPUR, INDALGA POST
BELGAUM - 591 108
104. NAGENDRA S
S/O SHANTHAPPA T
NO.295, 1ST B CROSS
3RD MAIN, 6TH BLOCK
2ND PHASE, BSK 3RD STAGE
BANGALORE - 560 085
105. YASHWANTHKUMAR P.R
NO.19, 1ST CROSS, K.C.ROAD
VIVEKNAGAR, HASSAN-1
-21-
106. MANJUNATH K
S/O BASAVARAJA KORDHI
C/OBABHUVANTHI, EX. MANAGER
OPP. MRMC, SUNDAR NAGAR
GULBARGA - 585 105
107. KAMAL BABU
S/O KULAI C G
MALLASNADRA VILLAGE & POST
BAGEPLALLI
KOLAR DISTRICT - 581 201
108. CHETHAN
NO.3-26-2198/2, AKSHAYA
MANJUNATHA COLONY
KADIRI, BAJPAL POST
MANGALORE - 575 004
109. VIRUPAKSHAPPA ANEPPAGOL
DREAM GARDE APPARTMENTS
10TH CROSS, CHANDRANATHA NAGAR
NEAR VIJAYA HOTEL, HUBLI - 32
110. MAHADESHAPPA M
S/O MADDAIAH
NO.C-122, TMC LAYOUT
CHENNAPATNA TALUK
BANGLAORE RURAL DISTRICT - 571 501
111. K.N.GOPIKRISHNA
NO.2504, TEJASWINI NILAYA
SHIVANGANGA NAGAR
BATAWADI, TUMKUR
112. SHRINIVASA P.V.
BEHIND GOVT. HOSPITAL
RAIN QUARTERS, GUAGE EXTENSION
PAVAGADA, TUMKUR DISTRICT - 581 202
113. B.N.LAKSHMI
W/O A.R.SUDARSHAN
ANKAPURA VILLAGE & POST
HASSAN TALUK & DISTRICT - 573 120
114. K.V.RAGHURAM
NO.221, 9TH MAIN ROAD
2ND CROSS, NAGENDRA EXTENSION
-22-
BANASHANKARI 1ST STAGE
BANGALORE - 560 050
115. RAMESH S
NO.132, V ALLOTMENT
8TH CROSS, 3RD MAIN ROAD
MARUTHINAGAR, YALAHANKA
BANGALORE - 560 084
116. ANIL KUMAR C P
C/O K.S.PRASAD
INSPECTOR C B
MALATHESHANILAYA, FORT
CHICKMAGALUR
117. SHARANABASAPPA AKKI
C/O B.S.THYAMANAVAR
NEAR GANESH TEMPLE SANGOLLI
RAYANANAGARA
DHARWAD - 580 002
118. MANJUNATH PRASAD T.N
NO.2758, 4TH MIAN ROAD
2ND STAGE, KUMARASWAMY LAYOUT
BANGALORE - 560 078
119. RANJITH N
S/O NANJUNDAIAH
NO.99, 4TH MAIN ROAD
H.V.R. LAYOUT
KHB COLONY, MAGADI ROAD
BANGALORE - 560 079
120. MR. ANAND K.C
AGED ABOUT 30 YEARS
S/O CHANDRASHEKAR
NO.54/1, 1ST D CROSS, REMCO LAYOUT
VIJAYANAGAR, II STAGE
BANGALORE - 560 040
121. K RAJESH
34 YEARS, S/O K RAMESH SHET
DAIVAJNA COMPOUND BTR ROAD
OPP MG PARK
KUNDAPUR - 576 201
122. ARUN SURENDRA PATIL
AGE 35 YEARS, S/O SURENDRA S PATIL
-23-
C/O KUNTOJI BUILDING
NEAR SHANTABAI TEMPLE
SAAHU NAGAR, KAWALI GATE
BIJAPUR
123. SHASHI KUMAR E
AGE 31 YEARS
S/O EKANANDA, NO.24
SRINIVAS NILAYA, II FLOOR, 8TH MAIN, 3RD CROSS
MANJUNATH NAGAR
BANGALORE - 10
124. MR. DATTATRAY MASKI
S/O LAXMAN MASKI
AGED ABOUT 36 YEARS
RESIDING AT GYANG BOWDI ROAD
NEW KUMBAR GALLI
BIJAPUR - 586 101
125. MR. M.G.PARVEEZ
S/O PEERAN
AGED ABOUT 35 YEARS
NO.189, 11TH CROSS, 'A' BLOCK
DEVARAJ URS LAYOUT
DAVANAGERE -6
126. MR. PRADEEP M HADAGALI
S/O M.V.HADAGALI
RAJAMATHA NILAYA
2ND CROSS, 2ND MAIN
M.G.NAGAR
HOSPATE - 583 203
127. MR. KIRAN A R
S/O ANANTHAIAH
NO.53, III MAIN ROAD
1ST STAGE, A.G.B. LAYOUT
MAHALAKSHMIPURAM
BANGLAROE - 560 086
128. MR. MANJUNATH H M
S/O MUNIVENKATAPPA
HAROHALLI VILLAGE
MAGONDI POST, BANGARPETE TALUK
KOLAR DISTRICT - 563 114
129. MR. N CHALUVARAYASWAMY
S/O NARASIMHEGOWDA, MAJOR
-24-
FORMER MINISTER OF TRANSPORT
GOVERNMENT OF KARNATAKA
PRESENTLY MEMBER OF PARLIAMENT
RESIDINGA AT 130/4, ARUNODAYA BUILDING
06TH A MAIN, 80 FEET ROAD
KHB COLONY, BASAWESHWAR NAGAR
BANGALORE - 560 079
130. MR. R ASHOK
S/O RAMAIAH
AGED ABOUT 54 YEARS
PRESENTLY WORKING AS THE MINISTER
FOR TRANSPORT, ROOM NO.317, 317-A
VIDHANA SOUDHA
BANGLAOE - 560 001
131. MR. MURTHY NAIK K
MAJOR, NO.317, 11TH CROSS, 17TH MAIN ROAD
SWATANTRA YODHARA NAGARA
MAHALAKSHMIPURAM
LAGGERE BRIDGE
BANGALORE - 560 058
132. MR. AYYALAPPA
S/O BHEEMAPPA, MAJOR
KANDKAR POST, YADAGIRI
GULBARGA DISTRICT
133. MR. PUTTASWAMY R
RAYASAMUDRA AT PSOT AND VILLAGE
K.R.PET TALUK
MANDYA DISTRICT - 571 426
134. MR. VIJAY KUMAR
S/O HANUMANTHAPPA BHAJANTRI
PAVAN NILAYA, SAPTAGIRI LAYOTU
AT POST GADDANAKERI
BAGALAKOT DISTRICT
135. MR. SUBHASH M.S
MAJOR, RESIDING AT NO.216
1ST CROSS, IV MAIN, 'H' BLOCK
R.K.NAGAR, MYSORE - 570 022
136. MR. B.P. KRISHNE GOWDA
S/O PUTTASWAMY GOWDA
AGEDA BOUT 41 YEARS
WORKING AS INSPECTOR MOTOR VEHICLE
-25-
REGIONAL TRANSPORT OFFICE
BELGAUM - 590 001
137. MR. C.M.KRISHNE GOWDA
S/O MUDDE GOWDA
AGED ABOUT 40 YEARS
WORKING AS INPECTOR OF MOTOR VEHICLES
REGIONAL TRANSPORT OFFICE, BIJAPUR
138. MR. V. S.HIREMATH
AGED ABOUT 52 YEARS
WORKING AS INSPECTOR OF MOTOR VEHICLES
REGIONAL TRANSPORT OFFICE
BANGALORE CENTRAL
BANGALORE - 560 001
139. MR. N.S.RAVI PRAKASH
AGED ABOUT 53 YEARS
WORKING AS INSPECTOR MOTOR VEHICLE
REGIONAL TRANSPORT OFFICE
RAMANAGAR DISTRICT
140. MR. J.P.PRAKASH
AGED ABOUT 40 YEARS
WORKING AS INSPECTOR OF MOTOR VEHICLES
REGIONAL TRANSPORT OFFICE
CHIKKABALLAPUR DISTRICT
141. MR. H.E. PRAKASH
AGED ABOUT 48 YEARS
WORKING AS ILNSPECTOR OF MOTOR VEHICLES
REGIONAL TRANSPORT OFFICE
HASSAN DISTRICT
142. MR. MOHAMMED EJAZ
AGED ABOUT 54 YEARS
WORKING AS INSPECTOR OF MOTOR VEHICLES
REGIONA TRANSPORT OFFICE
CHAMARAJANAGAR DISTRICT
143. MR. T.K. JAYANNA
AGED ABOUT 40 YEARS
WORKING AS INSPECTOR OF MOTOR VEHICLES
REGIONAL TRANSPORT OFFICE
CHAMARAJANAGAR DISTRICT
144. MR. NAGARAJ S NAIK
AGED ABOUT 40 YEARS
WORKING AS INSPECTOR OF MOTOR VEHICLES
-26-
REGIONAL TRANSPORT OFFICE
RAICHUR
145. MR. RAJAKUMAR
AGED ABOUT 40 YEARS
WORKING AS INSPECTOR OF MOTOR VEHICLES
REGIONLA TRANSPROT OFFICE
YELAHANKA
146. MR. S.R.MARILINGANNAVAR
AGED ABOUT 41 YEARS
WORKING AS INSPECTOR OF MOTOR VEHICLES
REGIONAL TRANSPORT OFFICE
BAGALKOT
147. MR. RAVISHANKAR NAGANATHAN
S/O IRABASAPPA
AGED ABOUT 37 YEARS
RESIDING AT "SAMRUDDHI NILAYA"
OPP. MALLIKARJU ASHRAMA
BIJAPUR DISTRICT
BIJAPUR
148. MR. SHANKARALINGE GOWDA M.K
AGED 58 YEARS, PRESENTLY WORKING AS
THE COMMISSIONER BRUHAT BANGALORE
MAHANAGARA PALIKE
N.R.SQUARE
BANGALORE - 560 002
149. MR. BHASKAR RAO
AGED 46 YEARS, PRESENTLY WORKING AS THE
INSPECTOR GENERAL OF POLICE
ANTI TERRORIST CELL
NO.60, RICHMOND ROAD
KSRP PREMISES
BANGALORE - 560 025 ... RESPONDENTS
(By SRI MADHUSUDAN R NAIK, SENIOR ADVOCATE AS
SPECIAL COUNSEL A/W SRI RAVINDRA D.K., ADVOCATE FOR
R1 & R3; SRI REUBEN JACOB, ADVOCATE FOR R2;
SRI M. NAGAPRASANNA, ADVOCATE FOR R4 & R6;
SRI H SUBRAMANYA JOIS, SR. COUNSEL FOR
SRI K.C.SHANTH KUMAR, ADVOCATE FOR R7- R10, R13-R14
R-120 - R123; SRI K.SUBBARAO, SR.COUNSEL FOR
SRI SATHEESHA K.N, ADVOCATE FOR R12 & R15;
SRI J PRASHANTH FOR M/S RAVIVARMA KUMAR ASSOCIATES,
ADVOCATES FOR R5,18,24,30,51,52,55,60,64, 67 TO 69, 73 TO
-27-
78, 80,82,83,85,91 TO 92, 95 TO 96, 100, 101, 103 TO 106,
108, 110, 112 & 113;
SRI UDAYA HOLLA, SR. COUNSEL FOR SRI VIVEK HOLLA
& SRI S CHANDRA SHEKAR, ADVOCATES FOR
R20,25,26,28,32,34,36,37,38,40 TO 44, 46-50, 53,54, R56 TO
59, 62, 63,65 TO 72, 79, 81, 84, 86-90, 97, 99,102,107, 109,
111, 114, 115, 116, 118, 119, 124, 125; SRI RAVI G SABHAHIT,
ADVOCATE FOR R21,31,35,126 TO 128; SRI ABHINAV FOR
M/S KUMAR & KUMAR, ADVOCATES FOR R22,23,29,61;
SRI D.N.NANJUNDA REDDY, SR. COUNSEL FOR NITYANANDA V
NAYAK, ADVOCATES FOR R 136,137,140,141,142,143,144, 146;
SRI K. DIWAKAR, ADVOCATE FOR R11;
SRI K.A.CHANDRASHEKAR & K A NAGESHA, ADVOCATES
FOR R129;
SRI SRIDHAR C.K, ADVOCATE FOR R133, 145;
SRI G.M.CHANDRA SHEKAR, ADVOCATE FOR R131; R 17,
27, 33, 39, 45,93,94,98,117,132,134 SERVED;
R16, 19, 130 SERVED; R135, 138, 139, 147, 148, 149 SERVED)
W.P.Nos.15002/2011 & 21131-21146/2011 ARE FILED
UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO SET ASIDE THE ORDER OF THE KARNATAKA
ADMINISTRATIVE TRIBUNAL APPLICATION NO.5127/09, &
APPLICATION NO.5078 & 5079/09 DT.10.6.2010 PRODUCED HEREIN
AS ANN-A1, DISPOSED AS HAVING INFRUCTUOUS, IN VIEW OF THE
DISPOSAL OF THE ORDER OF THE TRIBUNAL IN APPLICATION
NOS.182 TO 185, 187, 195, 197 TO 202/2007 DT.25TH MAY 2010
PRODUCED HEREIN AS ANN-A2 AND SET ASIDE THE ORDER OF THE
HON'BLE KARNATAKA ADMINISTRATIVE TRIBUNAL IN APPLICATION
NOS.182 TO 185, 187, 197 TO 202/2007 DT.25.5.10 PRODUCED
HEREIN AS ANN-A2 AND ETC.
IN WP Nos.16948-16995/2010 (S-KAT)
BETWEEN:
1. SRI. K V NAGARAJU
S/O SRI VEERABHADRAPPA
AGED ABOUT 34 YEARS, WORKING AT RTO
BANGALORE CENTRAL, KORAMANGALA
BANGALORE
2. SRI H.R. PRAKASH
SO SRI H.M. RAMEGOWDA
AGED ABOUT 39 YEARS, WORKING AT RTO
BANGALORE CENTRAL, KORAMANGALA
BANGALORE
-28-
3. SRI C. SUNIL S/O SRI CHANDRAPPA
AGED ABOUT 32 YEARS, WORKING AT RTO
BANGALORE WEST, RAJAJINAGAR
BANGALORE
4. SRI PRABHAKAR
S/O SRI SHARANAPPA CHAWHAN
AGED ABOUT 30 YEARS, WORKING AT RTO
BANGALORE EAST, INDIRANAGAR
BANGALORE
5. MR. ASHFAN B.S.
S/O MR. SHAMSUDDIN B.A.
AGED ABOUT 27 YEARS, RTO- BANGALORE EAST
INDIRANAGAR
BANGALORE
6. SRI B.S. NANDEESHA
S/O SRINIVASAMURTHY
AGED ABOUT 25 YEARS
WORKING AT RTO-BANGALORE EAST
INDIRANAGAR
BANGALORE
7. SRI RAJESH S.P.
S/O SRI R. PARASHIVA
AGED ABOUT 37 YEARS
WORKING AT RTO, BANGALORE NORTH
YESHWANTHPUR
BANGALORE
8. SRI T.S. GIRIDHAR
S/O SRI T. SEETHARAM
AGED ABOUT 38 YEARS
WORKING AT RTO-BANGALORE SOUTH
JAYANAGAR, BANGALORE
9. SRI MALLIKARJUNA
S/O SRI KEMPEGOWDA
AGED ABOUT 37 YEARS
WORKING AT RTO-BANGALORE SOUTH
JAYANAGAR, BANGALORE
10. SRI C.S. SATISH S/O SRI SANNANANJAPPA
AGED ABOUT 32 YEARS, WORKING AT
RTO-BANGALORE CENTRAL,
KORAMANGALA
BANGALORE
-29-
11. MR. SURESH
S/O SRI BASAPPA KAJUGAR
AGED ABOUT 27 YEARS
WORKING AT RTO-BANGALORE CENTRAL
KORAMANGALA
BANGALORE
12. SRI MAHESH C MATTAPATHI
C/O SRI C.B. MATTAPATHI
AGED ABOUT 28 YEARS
WORKING AT RTO-BANGALORE CENTRAL
KORAMANGALA
BANGALORE
13. SRI PRASHANTH MARALINGANNAVAR
S/O SRI SHIVAPPA MARALINGANNAVAR
AGED ABOUT 28 YEARS
WORKING AT RTO-BANGALORE WEST
RAJAJINAGAR, BANGALORE
14. SRI SIDDALINGESH BELAD
S/O SRI D.V. BELAD
AGED ABOUT 27 YEARS
WORKING AT RTO - BANGALORE WEST
RAJAJINAGAR, BANGALORE
15. SMT. VINAY CHOUDHARI K
W/O SRI MANOJ M NAIK
AGED ABOUT 35 YEARS
WORKING AT RTO - BANGALORE WEST
RAJAJINAGAR, BANGALORE
16. SRI KESHAVAPPA N
S/O SRI B. NARAYANAPPA
AGED ABOUT 42 YEARS
WORKING AT RTO - BANGALORE WEST
RAJAJINAGAR, BANGALORE
17. SRI MARUTHI NAIK
S/O SRI DATTATHRAYA
AGED ABOUT 39 YEARS
WORKING AT RTO - BANGALORE WEST
RAJAJINAGAR, BANGALORE
18. SRI JAVARAIAH K
S/O SRI KARAGAIAH
AGED ABOUT 43 YEARS
-30-
WORKING AT RTO - BANGALORE WEST
RAJAJINAGAR, BANGALORE
19. MR. ABDUL NASEEM
S/O MR. ABDUL MAJEED
AGED ABOUT 36 YEARS
WORKING AT RTO - BANGALORE WEST
RAJAJINAGAR, BANGALORE
20. SRI BALACHANDRA THODALABAGI
S/O SRI H.S. THODALABAGI
AGED ABOUT 34 YEARS
WORKING AT RTO - BANGALORE WEST
RAJAJINAGAR, BANGALORE
21. SRI PUTTASWAMY H.N.
S/O SRI NINGEGOWDA
AGED ABOUT 39 YEARS
WORKING AT RTO - BANGALORE WEST
RAJAJINAGAR, BANGALORE
22. SRI PRABHAKAR N
S/O SRI M. NARASIMHAIAH
AGED ABOUT 37 YEARS
WORKING AT RTO - BANGALORE EAST
INDIRANAGAR
23. SRI. K.G. RAMASWAMY
S/O SRI. R. GURUMURTHY
AGED ABOUT 37 YEARS
WORKING AT RTO-BANGALORE EAST
INDIRANAGAR, BANGALORE.
24. SRI. N. PRABHU
S/O SRI. NANJUNDAIAH M
AGED ABOUT 39 YEARS
WORKING AT RTO - BANGALORE EAST
INDIRANAGAR, BANGALORE
25. SRI. SHARANAIAH
S/O SRI. RAMAIAH VIBHUTHI
AGED ABOUT 37 YEARS
WORKING AT RTO - BANGALORE NORTH
YESHWANTHPURA, BANGALORE
26. SRI. RAMACHANDRA K.P.
S/O SRI. K.M. PUTTAIAH
-31-
AGED ABOUT 37 YEARS
WORKING AT RTO - BANGALORE NORTH
YESHWANTHPURA, BANGALORE
27. SRI ARUN FAKIRAPPA KATTIMANI
S/O SRI. FAKIRAPPA KATTIMANI
AGED ABOUT 37 YEARS
WORKING AT RTO - BANGALORE NORTH
YESHWANTHPURA, BANGALORE
28. SRI. RAVIRAJ PAWAR
S/O SRI. J.K. PAWAR
AGED ABOUT 30 YEARS
WORKING AT RTO - BANGALORE NORTH
YESHWANTHPURA, BANGALORE
29. MR. SAIFUDDIN KHAN
S/O MR. FASIUDDIN KHAN
AGED ABOUT 33 YEARS
WORKING AT RTO- BANGALORE NORTH
YESHWANTHPURA, BANGALORE
30. SRI. VISHWAJET MALAJURE
S/O SRI. ARUN, AGED ABOUT 34 YEARS
WORKING AT RTO - BANGALORE NORTH
YESHWANTHPURA, BANGALORE
31. SRI. MAHANTHESH
S/O SRI. VENKANNA GOWDA
AGED ABOUT 30 YEARS
WORKING AT RTO - BANGALORE NORTH
YESHWANTHPURA, BANGALORE
32. SRI. RAMESH SHANKAR MALAGI
S/O SRI. SHANKAR, AGED ABOUT 38 YEARS
WORKING AT RTO - BANGALORE NORTH
YESHWANTHPURA, BANGALORE
33. SRI. MRUTHUNJAYA HONNAKERE
S/O SRI. B. RAJASHEKAR
AGED ABOUT 27 YEARS
WORKING AT RTO - BANGALORE SOUTH
JAYANAGAR, BANGALORE
34. SRI. SURENDRA KUMAR R
S/O SRI. N. RAMANNA
AGED ABOUT 35 YEARS
-32-
WORKING AT RTO - BANGALORE SOUTH
JAYANAGAR, BANGALORE
35. MR. SADRULLA SHARIFF H
S/O MR. HUMAYUNULLA
AGED ABOUT 28 YEARS, WORKING AT
RTO - BANGALORE SOUTH
JAYANAGAR, BANGALORE
36. MR. ASADULLA BAIG M.M.
S/O MR. AZEZULLA BAIG
AGED ABOUT 41 YEARS
WORKING AT RTO - BANGALORE SOUTH
JAYANAGAR, BANGALORE
37. SMT. RANJITHA B.K.
W/O SRI. RAJASHETTY
AGED ABOUT 26 YEARS
WORKING AT RTO - BANGALORE SOUTH
JAYANAGAR, BANGALORE
38. SRI. PARAMANANADA SAJJAN
S/O SRI. BASALINGAPPA
AGED ABOUT 30 YEARS
WORKING AT RTO - BANGALORE SOUTH
JAYANAGAR, BANGALORE
39. SRI. GOVINDALALU RATHOD
S/O SRI. LALU RATHOD
AGED ABOUT 33 YEARS
WORKING AT RTO - BANGALORE SOUTH
JAYANAGAR, BANGALORE
40. MR. NAYAZ KHAN PATTAN
S/O MR. GAFUR KHAN PATTAN
AGED ABOUT 38 YEARS
WORKING AT RTO - YELAHANKA
BANGALORE
41. SRI. NARENDRA S
S/O SHANTHAPPA T
AGED ABOUT 35 YEARS, WORKING AT RTO - MYSORE
SHAKTI NAGAR, MYSORE
42. SRI. MANJUNATH K S/O SRI. BASAVARAJA KORDHI
AGED ABOUT 29 YEARS
WORKING AT RTO - MYSORE WEST
M.G. ROAD, MYSORE
-33-
43. SRI. RAMESH S
S/O SRI. SHANKARAPPA
AGED ABOUT 47 YEARS
WORKING AT ARTO - SAKALESHAPURA
HASSAN DISTRICT
44. SRI. ANIL KUMAR C.P.
S/O SRI. PRANESH
AGED ABOUT 43 YEARS
WORKING AT ARTO - SAKALESHAPURA
HASSAN DISTRICT
45. SRI. SHARANABASSAPPA AKKI
S/O SRI. SUGANAPPA AKKI
AGED ABOUT 50 YEARS
WORKING AT RTO - MADIKERI
MADIKERI DISTRICT
46. SRI. MANJUNATH PRASAD T.S.
S/O SRI. B.S. SRIRAM
AGED ABOUT 44 YEARS
WORKING AT RTO - MADIKERI
MADIKERI DISTRICT
47. SRI. VIRUPAKSHAPPA ANNAPPAGOL
S/O SRI. BASAVANTH ANNAPPAGOL
AGED ABOUT 44 YEARS, RTO-MYSORE WEST
M.G. ROAD, MYSORE
48. SRI. K.V. RAGHURAM S/O SRI. K. VENKATAPPA
AGED ABOUT 43 YEARS, RTO-HASSAN
HASSAN DISTRICT ... PETITIONERS
(By SRI UDAYA HOLLA, SR. ADVOCATE A/W
SRI VIVEK HOLLA AND SRI CHANDRASHEKAR S, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
HOME DEPARTMENT, M.S.BUILDING
BANGALORE - 560 001
2. THE KARNATAKA PUBLIC SERVICE COMMISSION
PARK HOUSE, BANGALORE-560 001
REPRESENTED BY ITS SECRETARY
-34-
3. THE TRANSPORT COMMISSIONER OF KARNATAKA
M.S. BUILDING, DR. AMBEDKAR VEEDHI
BANGALORE-560 001
4. SRI H.G. SOMASHEKARA
AGED ABOUT 33 YEARS, S/O H.A. GANGEGOWDA
BEHIND T.B. SAKREPATNA - 577 135
KADUR TALUK, CHICKMAGALUR DISTRICT
5. SRI. MARILINGAPPA K
AGED ABOUT 35 YEARS, S/O SRI. NINGAPPA K
RAMAPURA POST,KUDLIGI TALUK
BELLARY DISTRICT
6. SRI. VENUGOPAL
AGED ABOUT 37 YEARS
S/O LATE SRI K.M. SHIVARAM
DOOR NO.97, F. KOLIDARA ROAD
JAYALAKSHMIPURAM, MYSORE
7. SRI. VEERABHADRAPPA HARIHAR
AGED ABOUT 35 YEARS
S/O SRI. GURUSHANTAHAPPA H
3247, VEERESHKRUPA, 11TH MAIN
2ND CROSS, M.C.C. B BLOCK, DAVANAGERE - 4
8. SRI. KUMARA H.M.
AGED ABOUT 38 YEARS
S/O SRI. MALIRANGAIAH
NO.18/64(1), SUDARSHAN BADAVANE
MADIKERI, KODAGU DISTRICT
9. SRI. K. YOGENDRA
AGED ABOUT 31 YEARS
S/O SRI. KRISHNAPPA
NO.16, ESHWAR RAO COMPOUND
8TH MAIN, T. DASARAHALLI
NAGASANDRA POST, BANGALORE
10. SRI. ANANDA KUMAR B.G.
AGED ABOUT 30 YEARS
S/O SRI. GOVINDAPPA
NO.64, 1ST MAIN ROAD
PARVATHIPURAM
BANGALORE-4
-35-
11. SRI. HAREESH B.K.
AGED ABOUT 30 YEARS
S/O SRI. C. KODANDARAM
NO.29, 5TH CROSS, 6TH A MAIN
J.P. NAGAR, 2ND STAGE
BANGALORE
12. SRI. ANAND K.C.
AGED ABOUT 30 YEARS
S/O SRI. CHANDRASHEKAR
NO.54/1, 1ST D CROSS, REMCO LAYOUT
VIJAYANAGAR II STAGE
BANGALORE-40
13. SRI. K. RAJESH
AGED ABOUT 34 YEARS
S/O SRI K. RAMESH SHET
DAIVAJNA COMPOUND
BTR ROAD, OPP. M.G. PARK
KUNDAPURA-576 201
14. SRI. ARUN SURENDRA PATIL
AGED ABOUT 35 YEARS
S/O SRI. SURENDRA S. PATIL
C/O KUNTOJI BUILDING
NEAR SANTABAI TEMPLE
SAHU NAGAR, KAWALI GATE, BIJAPUR
15. SRI. SHASHIKUMAR E
AGED ABOUT 31 YEARS
S/O SRI. P. EKANANDA
NO.24, SRINIVASA NILAYA
2ND FLOOR, 8TH MAIN, 3RD CROSS
MANJUNATHA NAGAR
BANGALORE - 560 010 ... RESPONDENTS
(By SRI H SUBRAMANYA JOIS, SR. ADVOCATE A/W
SRI RANGANATH S JOIS, ADVOCATE FOR C/R4, 6-9, 11-13,
15; SRI MADHUSUDHAN R. NAIK, SR. ADVOCATE AS SPECIAL
COUNSEL A/W SRI RAVINDRA D.K., ADVOCATE FOR R1 AND R3
SRI REUBEN JACOB, ADVOCATE FOR R2;
SRI V LAKSHMINARAYAN, SR. ADVOCATE A/W
SRI L. VIJAY KUMAR, ADVOCATE FOR APPLICANT IN IA 1/2014
AND IA II/2014; R5, R10, R14 -SERVED)
W.P. Nos.16948-16995/2010 ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER DTD. 25.05.2010 PASSED BY THE KARNATAKA
-36-
ADMINISTRATIVE TRIBUNAL IN APPLICATION Nos. 182 TO 185, 187,
195, 197 TO 202 OF 2007 VIDE ANNEX-S AND ETC.
IN WP No.8215/2010 (S-KAT)
BETWEEN:
SRI JAYARAM K H
S/O SRI K P HANUMANTHEGOWDA
AGED 34 YEARS
R/O JAI HANUMAN NILAYA
INDIRANAGAR, ARSIKERE ROAD
HASSAN ... PETITIONER
(BY SRI H SUBRAMANYA JOIS, SR. COUNSEL FOR
SRI K.C.SHANTHKUMAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY THE SECRETARY TO GOVERNMENT
TRANSPORT DEPARTMENT
M.S.BUILDING, DR.AMBEDKAR ROAD
BANGALORE 560 001
2. THE COMMISSIONER FOR TRANSPORT
IN KARNATAKA
5TH FLOOR, M.S.BUILDING
DR.AMBEDKAR ROAD
BANGALORE 560 001
3. SRI B P NAVEEN
S/O MR PUTTASWAMI GOWDA
AGED ABOUT 31 YEARS
R/O NO.276/141, 9TH MAIN
PIPELINE, VIJAYNAGAR
BANGALORE 560 040
4. SRI HUSSAIN SAB
AGED ABOUT 28 YEARS
RESIDING NEAR BIG WATER TANK
BAGALKOT 587 101
-37-
5. SRI MALLESHAPPA P SAJJAN
AGED ABOUT 39 YEARS
R/A NO.32, NEAR KARNATAKA SEEDS
CORPORATION
22ND CROSS, VIJAYANAGAR
VIDYAGIRI, BAGALKOT
6. SRI VINAY KUMAR
S/O SRI HANUMANTHAPPA BAJANTHRI
AGED ABOUT 39 YEARS
R/A PAVAN NILAYA
SAPTAGIRI LAYOUT
GADDANAKERI
BAGALKOT DISTRICT
7. SRI SANTHOSH KUMAR KOMPI
AGED ABOUT 28 YEARS
R/A NO.77, WARD NO.1
HIREHADAGALLI
BELLARY DISTRICT
8. SMT. KAVITHA T N
AGED ABOUT 32 YEARS
R/A NO.103, 2ND FLOOR
2ND CROSS, RAILWAY COLONY
RAMAKRISHNA NAGAR
4TH BLOCK, NANDINI LAYOUT
BANGALORE
9. SRI MOHAMMED SHARIEF M. SHEKHAJI
S/O SRI SHEIKJI
AGED ABOUT 30 YEARS
R/A NO.18, I FLOOR
ABOVE BYRAVA DRIVING SCHOOL
33RD CROSS, JUGANAHALLI, 2ND BLOCK
RAJAJINAGAR, BANGALORE
10. SRI RAGHAVENDRACHARI
C/O M CHALAPATHI
AGED ABOUT 34 YEARS
R/A NO.307, 8TH CROSS
SARASWATHIPURAM
NANDINI LAYOUT
BANGALORE
-38-
11. SRI UDAY S NAIK
AGED ABOUT 39 YEARS
R/A NO.78/2K, 13TH CROSS
I BLOCK, RAJAJINAGAR
BANGALORE
12. SRI BASAVARAJ BIRADAR
AGED ABOUT 29 YEARS
R/A NO.669, MARUTHI NILAYA
MUNICIPAL QUARTERS ROAD
SUBASH NAGAR, NELAMANGALA
BANGALORE
13. SRI GOPAL S
C/O YUSUF SHARIFF
AGED ABOUT 35 YEARS
R/A NO.22/1, 2ND FLOOR
KAVERAPPA LAYOUT
MILLER TANK BUND ROAD
NEAR JAIN HOSPITAL, BANGALORE
14. SRI SHIVAPPA ALAGAWADI
AGED ABOUT 47 YEARS
R/A HOUSE NO.1, KRISHNAPPA BUILDING
NEAR FATHIMA HEALTH CENTRE
4TH CROSS, II WARD, K.G.HALLI
BANGALORE
15. SRI MURTHY NAIK K
AGED ABOUT 49 YEARS
R/A NO.317, 11TH CROSS
17TH MAIN ROAD
SWATANTRAYODHANAGAR
MAHALAKSHMIPURAM, LAGGERE BRIDGE
BANGALORE
16. SRI SANTOSH M PATIL
AGED ABOUT 31 YEARS
R/A LAKSHMI NIVAS
RAJENDRA NAGAR
SOLLAPUR ROAD, BIJAPUR
17. SRI DATTATRAY MASKI
AGED ABOUT 35 YEARS
C/O LAKSHMAN MASKI
R/O GYAN BOWDI ROAD
NEW KUMBAR GALLI, BIJAPUR
-39-
18. SRI DUNDAPPA SHANKAR NAIKODI
AGED ABOUT 43 YEARS
R/A NO.64/4, KASAGERI STREET
BIJAPUR
19. SRI RAVISHANKAR NAGATHAN
AGED ABOUT 36 YEARS
R/A SAMRUDHI NILAYA
OPP:SRI MALLIKARJUN ASHRAM, BIJAPUR
20. SRI PARVEEZ M G
AGED ABOUT 34 YEARS
R/A NO.189, GROUND FLOOR
11TH CROSS, DEVARAJ URS LAYOUT
A BLOCK, DAVANAGERE
21. SRI MAHESH KUMAR MENASINKAI
AGED ABOUT 39 YEARS
S/O SRI V B MENASINAKAI
R/A & POST:BELLATTI
SIRAHATTI TALUK
GADAG DISTRICT
22. SRI PANCHAKSHARI ALAVANDI
AGED ABOUT 30 YEARS
R/A & POST:DAMBAI
MUNDARAGI TALUK
GADAG DISTRICT
23. SRI MAHADEVAPPA TALAWAR
AGED ABOUT 30 YEARS
C/O SHANKARAPPA LAXMAPPA VALMIKI
R/A OLD BALAVINAYAK SCHOOL
VAKIL CHAWAL, GADAG
24. SRI NINGAPPA F HOSAMANI
AGED ABOUT 47 YEARS
C/O V F HOSAMANI
R/A & POST:SHAGOTI
GADAG DISTRICT
25. SRI PRAKASH HULLE
AGED ABOUT 28 YEARS
R/A LIG 15, III PHASE
BADEPUR COLONY
SEDAM ROAD, GULBARGA
-40-
26. SRI AYYALAPPA S/O SRI BHEEMAPPA
AGED ABOUT 44 YEARS, R/A KANDAKAR POST
YADAGIRI TALUK, GULBARGA DISTRICT
27. SRI JAGADISH H S S/O SUNDAR SWAMY H K
AGED ABOUT 40 YEARS, R/A NO.357
BEHIND UDACHALAMBHA TEMPLE
HASSAN
28. SRI RAGHAVENDRA H V S/O VENKATARAMANAIAH H N
AGED ABOUT 38 YEARS
R/A SUSHIL NIVAS
SEETHA VILAS ROAD FORT
HOLENARASIPURA, HASSAN DISTRICT
29. SRI ANANTHARAMU S/O GOVINDARAJU
AGED ABOUT 27 YEARS
R/A K.H.B. NO.3/LIG II
SANTEE MARUR POST
ARAKALGUD TALUK
HASSAN DISTRICT
30. SMT. AMULYA D/O SRI JAGADISH
AGED ABOUT 32 YEARS
R/A AMULYA NIVAS
NO.1240, RAKSHINAPURA
HASSAN
31. SMT. ASHA N R
AGED ABOUT 36 YEARS
R/A NO.1553, SALGAME ROAD
SARASWATHIPURAM
OPP. SANJIVINI HOSPITAL
HASSAN
32. SRI RAJU BASSAPPA ALAGUNDI
AGED ABOUT 33 YEARS
R/A NO.10B, VENKATESH COLONY
BENGERI
HUBLI, DHARWAD
33. SRI SRINIVAS MURTHY G N S/O G P NARAYANASWAMY
AGED ABOUT 33 YEARS
R/A DALASANUR POST AND VILLAGE
SRINIVASAPURA, KOLAR DISTRICT
34. SRI PUTTASWAMY R
AGED ABOUT 40 YEARS
-41-
R/A AND VILLAGE RAYASAMUDRA
POST RAYASAMUDRA
K.R.PET TALUK, MANDYA DISTRICT
35. SRI SUBHASH M S
AGED ABOUT 33 YEARS
R/A NO.216, 1ST CROSS
4TH MAIN, H BLOCK, R.K.NAGAR, MYSORE
36. SRI RAGHAVENDRA A R
AGED ABOUT 33 YEARS
R/A NO.1914, 3RD CROSS
14TH MAIN, II STAGE
MYSORE
37. SRI RANGANATH S/O RANGAPPA
AGED ABOUT 31 YEARS
R/A CHIKKEGOWDANAPALYA
MADIKEHALLI POST
KOTTAGERE, KUNIGAL TALUK, TUMKUR
38. SRI BASAVARAJU K C
S/O CHANDRASHEKAR K L
AGED ABOUT 41 YEARS
R/A BASAVAKRUPA
NO.22, OPP:UCO BANK
BATAWADI, TUMKUR
39. SMT. VIDYA N D/O L NARASIMHAN
AGED ABOUT 28 YEARS
R/A HAMSA NILAYA
BEHIND DEEPAK CABLES
10TH CROSS, VIDYANAGAR, TUMKUR
40. SRI P PRADEEP KUMAR
AGED ABOUT 30 YEARS
R/A NO.258, NEAR KALABYRAVESHWARA TEMPLE
THIMMANAHALLI, C.N.HALLI
TUMKUR
41. SRI PRAKASH T M S/O MALATHESAIAH T N
AGED ABOUT 32 YEARS
R/A THOSRESURAGONDANAHALLI
HULIYUR POST AND HOBLI ... RESPONDENTS
(BY SRI MADHUSUDHAN R NAIK, SENIOR ADVOCATE AS SPECIAL
COUNSEL A/W SRI RAVINDRA D.K., ADVOCATE FOR R1 & R2;
SRI D.RAMDAS, ADVOCATE FOR R3,4,6,7,9-13,15, 22,23,25-27,
-42-
R29-R33 & R35-R41; SRI D.N. NANJUNDA REDDY, SR. COUNSEL
FOR SRI NITYANANDA V NAYAK, ADVOCATE FOR R5 & R28;
SRI J PRASHANTH FOR M/S RAVIVARMA KUMAR ASSOCIATES,
ADVOCATES FOR R-8, 14, 16-21,24,34)
W.P.No.8215/2010 IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
RECORDS RELATING TO CONNECTED WITH AND CONCERNING THE
IMPUGNED ORDER VIDE ANNEX-A DTD. 2.3.10 PASSED BY THE
HON'BLE KARNATAKA ADMINISTRATIVE TRIBUNAL, BANGALORE, IN
A.NO.1212-1250/2010, PERUSE THE SAME AND DECLARE AND
QUASH THE SAID ORDER AND THE PROCEEDINGS CULMINATING IN
THE SAME AS ILLEGAL AND UNSUSTAINABLE AND ETC.,
IN WP Nos.8715/2010 & 8906/2010 (S-KAT)
BETWEEN:
SRI B A NAVEEN KUMAR S/O SRI B ANNEGOWDA
AGED ABOUT 29 YEARS
UN-EMPLOYED YOUTH AND
R/AT DOOR NO. 1826, "LAKSHMI NILAYA"
50 FT. ROAD, 14TH CROSS, 2ND STAGE
KUMARA SWAMY LAYOUT, BANGALORE-78 ... PETITIONER
(BY SRI VENKATESH R BHAGAT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF TRANSPORT
MULTISTORIED BUILDINGS
DR. B.R. AMBEDKAR VEEDHI
BANGALORE-560 001
2. THE KARNATAKA PUBLIC SERVICES COMMISSION
PARK HOUSE ROAD, BANGALORE-560 001
REP. BY ITS SECRETARY
3. THE COMMISSIONER FOR TRANSPORT
5TH FLOOR, MULTI STORIED BUILDINGS
DR. B R AMBEDKAR VEEDHI
BANGALORE-560 001
4. SRI. RAVISHANKAR NAGATHAN S/O SRI IRABASAPPA
AGED ABOUT 37 YEARS
-43-
R/AT "SAMRUDDHI NILAYA"
OPP. SHRI MALLIKARJUNA ASHRAMA
BIJAPUR DISTRICT, BIJAPUR
5. SRI. MOHAMMED SHARIEF M SHEIKAJI
AGED ABOUT 30 YEARS S/O SRI. SHEIKAJI
R/AT DOOR NO. 18, 1ST FLOOR
ABOVE BYRAVA DRIVING SCHOOL
33RD CROSS, 2ND BLOCK, JUGANAHALLI
RAJAJINAGAR, BANGALORE-560 010 ... RESPONDENTS
(BY SRI S M BABU, ADVOCATE FOR C/R4;
SRI MADHUSUDHAN R NAIK, SR. ADVOACATE AS SPECIAL
COUNSEL A/W SRI RAVINDRA D.K., ADVOCATE FOR R1 & R3;
SRI RUBEN JACOB, ADVOCATE FOR R2; SRI GIRISH B.
MANGANNAVAR FOR SRI B PRAMOD, ADVOCATES
FOR R4; SRI D RAMDAS, ADVOCATE FOR R5)
W.P.Nos.8715 & 8906/2010 ARE FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS, PERTAINING TO THE CASE AND TO SET-ASIDE
THE ORDER DTD. 02.03.2010 MADE IN APPLICATION NOS. 1218
AND 1228/2010 VIDE ANNEXURE-A PASSED BY THE HON'BLE
KARNATAKA ADMINISTRATIVE TRIBUNAL (ONLY IN SO FAR AS IT
RELATES TO THE DIRECTION, DIRECTING THE R1 TO R3 TO ISSUE
THE ORDERS OF APPOINTMENT IN FAVOUR OF R4 AND R5) AND TO
PERUSE THE SAME AND ETC.
IN WP Nos.10106/2010 & 12726-12763/2010 (S-KAT)
BETWEEN:
1. THE STATE OF KARNATAKA
REPRESENTED BY THE SECRETARY
TO GOVERNMENT, TRANSPORT DEPARTMENT
M.S BUILDING, DR. AMBEDKAR ROAD
BANGALORE-560 001
2. THE COMMISSIONER FOR TRANSPORT
5TH FLOOR, M.S. BUILDING
DR. AMBEDKAR ROAD
BANGALORE-560 001 ... PETITIONERS
(BY SRI MADHUSUDHAN R NAIK, SR.ADVOCATE AS SPECIAL
COUNSEL A/W SRI RAVINDRA D.K., ADVOCATE)
-44-
AND:
1. B P NAVEEN
AGED ABOUT 31 YEARS
S/O MR. PUTTASWAMI GOWDA
RESIDENT OF No.276/141, 9TH MAIN
PIPELINE, VIJAYANAGAR
BANGALORE - 560 040
2. HUSSAIN SAB
AGED ABOUT 28 YEARS
RESIDING NEAR BIG WATER TANK
BAGALKOT-587 101
3. MALLESHAPPA P. SAJJAN
AGED ABOUT 39 YEARS
RESIDING AT NO.32, NEAR KARNATAKA
SEEDS CORPORATION, 22ND CROSS
VIJAYANAGAR, BAGALKOT
4. VINAY KUMAR
AGED ABOUT 39 YEARS
S/O SRI HANUMANTHAPPA
BAJANTRI, RESIDING AT PAVAN NILAYA
SAPTAGIRI LAYOUT
GADDANAKERI, BAGALKOT DISTRICT
5. SANTOSH KUMAR KOMPI
AGED ABOUT 28 YEARS
RESIDING AT NO.77
WARD NO.1, HIREHADAGALI
BELLARY DISTRICT
6. SMT. KAVITHA T. N.
AGED ABOUT 32 YEARS
RESIDING AT NO.103, 2ND FLOOR
2ND CROSS, RAILWAY COLONY
RAMAKRISHNA NAGAR
4TH BLOCK, NANDINI LAYOUT
BANGALORE
7. MOHAMMED SHARIEF M SHEKHAJI
AGED ABOUT 30 YEARS
S/O SRI SHEIKJI
RESIDING AT NO. 18, I FLOOR
ABOVE BYRAVA DRIVING SCHOOL
33RD CROSS, JUGANAHALLI
-45-
2ND BLOCK, RAJAJINAGAR
BANGALORE
8. RAGHAVENDRACHARI C/O M. CHALAPATHI
AGED ABOUT 34 YEARS
RESIDING AT NO. 307, 8TH CROSS
SARASWATHIPURAM
NANDINI LAYOUT, BANGALORE
9. UDAY S. NAIK
AGED ABOUT 29 YEARS
RESIDING AT NO. 78/2K
13TH CROSS, I BLOCK,
RAJAJINAGAR, BANGALORE
10. BASAVARAJ BIRADAR
AGED ABOUT 29 YEARS
RESIDING AT NO.669, MARUTHI
NILAYA, MUNICIPAL QUARTERS ROAD
SUBASH NAGAR, NELAMANGALA
BANGALORE
11. GOPAL S
AGED ABOUT 35 YEARS
C/O YUSUF SHARIFF
RESIDING AT NO.22/1, 2ND FLOOR
KAVERAPPA LAYOUT, MILLER TANK
BUND ROAD, NEAR JAIN HOSPITAL
BANGALORE
12. SHIVAPPA ALAGAWADI
AGED ABOUT 47 YEARS
RESIDING AT HOUSE NO.1,
KRISHNAPPA BUILDING
NEAR FATHIMA HEALTH CENTRE
4TH CROSS, II WARD
K.G. HALLI, BANGALORE
13. MURTHY NAIK K
AGED ABOUT 49 YEARS,
RESIDING AT NO.317, 11TH CROSS
17TH MAIN ROAD, SWANTANTRAYODHNAGAR
MAHALAKSHMIPURAM
LAGGERE BRIDGE, BANGALORE
14. SANTOSH M. PATIL
AGED ABOUT 31 YEARS
RESIDING AT LAKSHMI NIVAS
-46-
RAJENDRA NAGAR
SOLLAPUR ROAD, BIJAPUR
15. DATTATRAY MASKI
AGED ABOUT 35 YEARS
C/O LAKSHMAN MASKI
RESIDENT OF GYAN BOWDI ROAD
NEW KUMBA GALLI, BIJAPUR
16. SRI DUNDAPPA SHANKAR NAIKODI
AGED ABOUT 43 YEARS
RESIDING AT NO.64/4
KASAGERI STREET, BIJAPUR
17. SRI RAVISHANKAR NAGATHAN
AGED ABOUT 36 YEARS
RESIDING AT SAMRUDIHI NILAYA
OPP. SRI MALLIKARJUN ASHRAM
BIJAPUR
18. SRI PARVEENZ M.G.
AGED ABOUT 34 YEARS
RESIDING AT NO.189
GROUND FLOOR, 11TH CROSS
DEVARAJ URS LAYOUT, 'A' BLOCK
DAVANAGERE
19. SRI. MAHESH KUMAR MENASINKAI
S/O SRI. V B MENASINKAI
AGED ABOUT 39 YEARS
R/AT AND POST: BELLATTI
SIRAHATTI TALUK, GADAG DISTRICT
20. SRI. PANCHAKSHARI ALAVANDI
AGED ABOUT 30 YEARS
R/AT & POST: DAMBAL
MUNDARAGI TALUK
GADAG DISTRICT
-47-
21. SRI. MAHADEVAPPA TALAWAR
AGED ABOUT 30 YEARS
C/O SHANKARAPPA LAXMAPPA VALMIKI
R/AT OLD BALAVINAYAK SCHOOL
VAKIL CHAWAL, GADAG
22. SRI. NINGAPPA F HOSAMANI
AGED ABOUT 47 YEARS
C/O V F HOSAMANI
R/AT & POST: SHAGOTI
GADAG DISTRICT
23. SRI. PRAKASH HULLE
AGED ABOUT 28 YEARS
R/AT LIG 15, III PHASE
BADEPUR COLONY, SEDAM ROAD
GULBARGA
24. SRI. AYYALAPPA S/O SRI BHEEMAPPA
AGED ABOUT 44 YEARS
R/AT KANDAKAR POST
YADAGIRI TALUK
GULBARGA DISTRICT
25. SRI. JAGADISH H S S/O SRI. SUNDAR SWAMY H K
AGED ABOUT 40 YEARS
R/AT NO.357, BEHIND UDACHALAMBHA TEMPLE
HASSAN
26. SRI. RAGHAVENDRA H V
S/O VENKATARAMANAIAH H N
AGED ABOUT 38 YEARS
R/AT SUSHIL NIVAS , SEETHA VILAS
ROAD FORT, HOLENARASIPURA
HASSAN DISTRICT
27. SRI. ANANTHARAMU S/O GOVINDARAJU
AGED ABOUT 27 YEARS
R/AT K H B, NO.3/LIG-II
SANTEE MARUR POST
ARAKALGUD TALUK, HASSAN DISTRICT
28. SMT. AMULYA D/O SRI. JAGADISH
AGED ABOUT 32 YEARS
R/AT AMULYA NIVAS
NO.1240, RAKSHINAPURA
HASSAN
-48-
29. SMT. ASHA N R
AGED ABOUT 36 YEARS
R/AT NO. 1553, SALGAME ROAD
SARASWATHIPURAM
OPP: SANJIVINI HOSPITAL
HASSAN
30. SRI. RAJU BASSAPPA ALAGUNDI
AGED ABOUT 33 YEARS
R/AT NO.10-B, VENKATESH COLONY
BENGERI, HUBLI, DHARWAD
31. SRI. SRINIVAS MURTHY G N
S/O G P NARAYANASWAMY
AGED ABOUT 33 YEARS
R/AT DALASANUR POST & VILLAGE
SRINIVASAPURA, KOLAR DISTRICT
32. SRI. PUTTASWAMY R
AGED ABOUT 40 YEARS
R/AT & VILLAGE RAYASAMUDRA
POST: RAYASAMUDRA, K R PET TALUK
MANDYA DISTRICT
33. SRI. SUBHASH M S
AGED ABOUT 33 YEARS
R/AT NO. 216, 1ST CROSS
4TH MAIN, 'H' BLOCK, R K NAGAR
MYSORE
34. SRI. RAGHAVENDRA A R
AGED ABOUT 33 YEARS
R/AT NO. 1914, 3RD CROSS
14TH MAIN, II STAGE
MYSORE
35. SRI. RANGANATH S/O RANGAPPA
AGED ABOUT 31 YEARS
R/AT CHIKKEGOWDANAPALYA
MADIKEHALLI POST, KOTTAGERE
KUNIGAL TALUK, TUMKUR
36. SRI. BASAVARAJU K C S/O CHANDRASHEKAR K L
AGED ABOUT 41 YEARS
R/AT BASAVAKRUPA
NO.22, OPP. UCO BANK
BATAWADI, TUMKUR
-49-
37. SMT. VIDYA N D/O L NARASIMHAN
AGED ABOUT 28 YEARS
R/AT HAMSA NILAYA
BEHIND DEEPAK CABIES
10TH CROSS, VIDYANAGAR
TUMKUR
38. SRI. R PRADEEP KUMAR
AGED ABOUT 30 YEARS
R/AT NO. 258, NEAR KALABYRAVESHWARA
TEMPLE, THIMMANAHALLI, C N HALLI
TUMKUR
39. SRI. PRAKASH T M S/O MALATHESAIAH T N
AGED ABOUT 32 YEARS
R/AT THORESURAGONDANAHALLI
HULIYUR POST AND HOBLI ... RESPONDENTS
(BY SRI D RAMDAS, ADVOCATE FOR R1-R5, R7-R11,
13,20,21,23-31 & 33-39; SRI J PRASHANTH FOR
M/S RAVIVARMA KUMAR ASSOCIATES, ADVOCATES
FOR R6, 14-16, 18,19,22 & 32; SRI SUBBA RAO, SR. ADVOCATE
A/W SRI SUBRAMANYA BHAT, ADVOCATE FOR C/R12 AND R17)
W.P.Nos.10106/2010 & 12726-12763/2010 ARE FILED
UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO CALL FOR THE RECORDS OF THE KARNATAKA
ADMINISTRATIVE TRIBUNAL, BANGALORE IN APPLICATION NOS.
1212 TO 1250/2010 AND QUASH THE ORDER PASSED BY THE
KARNATAKA ADMINISTRATIVE TRIBUNAL DTD. 2.3.10 IN
APPLICATION NOS.1212 TO 1250/2010 VIDE ANNEXURE-A BY
ALLOWING THESE WRIT PETITIONS AND ETC.
IN WP Nos.17294-17327/2010 (S-KAT)
BETWEEN:
1. MANJUNATH G R
S/O G K RANGACHARI, AGE: 38 YEARS
GOWDARAKAILI
NEEJIGERE POST
SAKLESHPUR TALUK
HASSAN DISTRICT - 573 134
WORKING AS MOTOR VEHICLES INSPECTOR
AT REGIONAL TRANSPORT OFFICE AT BANGALORE
CENTRAL
-50-
2. SURESH G M
S/O MUDDERE GOWDA G K
AGE: 31 YEARS
SRIDEVINILAYA, POST OFFICE ROAD
HALAGUR, MALAVALLI TALUK
MANDYA DISTRICT - 571 421
WORKING AS MOTOR VEHICLE INSPECTOR
AT REGIONAL TRANSPORT OFFICE AT BANGALORE CENTRAL
3. PRAVEEN N S
S/O SUGNYANA MURTHY, AGE: 30 YEARS
NO.84/2B, 5TH CROSS, RAJENDRA NAGAR
MYSORE - 570 007
WORKING AS MOTOR VEHICLES INSPECTOR
AT REGIONAL TRANSPORT OFFICE AT BANGALORE CENTRAL
4. SHIVAKUMAR N
S/O K B MAHADEVAIAH, AGE: 36 YEARS
NO.63, BELEGERE, NANJUNGUD TALUK
MYSORE DISTRICT-571 129
WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL
TRANSPORT OFFICE AT BANGALORE CENTRAL
5. C N KANNAN
S/O NANJAIAH M B, AGE: 36 YEARS
KARINANJAPURA LAYOUT
SOMAVARPET POST, CHAMARAJANAGAR TQ & DISTRICT.
6. YOGESH
S/O C MAHADEVAPPA, AGE: 36 YEARS
NO.6531, BASAVAKRUPA, 16TH CROSS
NAGESHWARAN LAYOUT,NANJANGUD
MYSORE DISTRICT
WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL
TRANSPORT OFFICE AT BANGALORE WEST
7. NANDISH S N
S/O NANJUNDAGOWDA S T , AGE: 38 YEARS
SIDDANNAHALLI VILLAGE, S MADAMANGALA POST
BANGALORE-563 114
WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL
TRANSPORT OFFICE AT BANGALORE EAST
8. C THIPPESWAMY
S/O B CHOWDAIAH, AGE: 33 YEARS
NO.1537, 4TH 'C' MAIN ROAD, 1ST FLOOR
REMCO LAYOUT, VIJAYANAGARA POST
2ND STAGE, BANGALORE - 560 040
-51-
WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL
TRANSPORT OFFICE AT BANGALORE EAST
9. JAGADISH G
C/O D K KANNIMANNA, AGE: 31 YEARS
KANIVENILAYA, NO.189, MAHALAKSHMINAGAR
BATAVADI, TUMKUR - 572 103
WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL
TRANSPORT OFFICE AT BANGALORE EAST
10. RAGHU M H
S/O HULIYAPPA, AGE: 35 YEARS
TRUPTHI 2ND CROSS, 80 FEET ROAD
BATAWADI TUMKUR-3
WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL
TRANSPORT OFFICE AT BANGALORE NORTH
11. DILIP KUMAR R
S/O T/A /RAJACHAR, AGE: 31 YEARS
NO.1075, 32ND CROSS, SIR M V EXTENSION
S.I.T.MAIN ROAD, TUMKUR-2
WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL
TRANSPORT OFFICE AT BANGALORE NORTH
12. SHAMBUSHEKAR J M
S/O MALLESHAPPA K S, AGE: 36 YEARS
NO.97, 8TH CROSS, A BLOCK, D DEVARAJ URS
LAYOUT, DAVANAGERE - 6
WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL
TRANSPORT OFFICE AT BANGALORE NORTH
13. SHEKAR A
S/O C ANJANAPPA, AGE: 28 YEARS
NO.1, KONNAKUNTE CROSS, KANAKAPURA MAIN ROAD
BANGALORE - 560 062
WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL
TRANSPORT OFFICE AT BANGALORE NORTH
14. VENKATAPPA
S/O GANGAYYA, AGE: 38 YEARS
NO.1-5-207, NEAR S B H GURUMITKAL POST
YADAGIRI TALUK, GULBARGA DISTRICT - 585 214
WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL
TRANSPORT OFFICE AT BANGALORE NORTH
15. T SUDHIR BABU
S/O C THIMAPPA, AGE: 30 YEARS
-52-
NO.2056, SRI BALAJI KRUPA, CHELUVAIAH STREET
RAMAMURTHY NAGAR, BANGALORE - 560 016
WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL
TRANSPORT OFFICE AT BANGALORE NORTH
16. OMPRAKASH ADIN
S/O RAMAPPA, AGE: 34 YEARS
APDOUPPARATHI, GOKAK, BELGAUM DISTRICT - 581 233
WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL
TRANSPORT OFFICE AT BANGALORE NORTH
17. G N SURESH S/O NELAKANTAIAH
AGE: 34 YEARS
LINGANAHALLI POST, CHENNAGIRI
SHOMOGA DISTRICT-577 221
WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT
OFFICE, AT BANGALORE SOUTH
18. NAGRAJ D B S/O BORAPPA
AGE: 26 YEARS
DODDENAHALLI, RANGASAMUDRA
PAVAGADA, TUMKUR DISTRICT-581 202
WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE
AT BANGALORE SOUTH
19. SUDHAKAR M N S/O M R NARASIMHA MURTHY
AGE: 32 YEARS
R R ENTERPRISES, NO.41, D DUTHIL,
YESHWANTHAPURA INDUSTRIAL SUBURB,
BANGALORE - 560 022,WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE
AT BANGALORE SOUTH
20. G NAGARAJA, S/O LATE GOSHAPPA
AGE: 40 YEARS
SASALAKUNTE POST, PAVAGADA TALUK
TUMKUR DISTRICT-581 202
WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE
AT BANGALORE SOUTH
21. H PRASANNA S/O HANUMANTHAPPA
AGE: 37 YEARS
NO.151/B 3RD BLOCK, KENDRIYA VIHAR
YELAHANKA, BANGALORE - 560 084
WORKING AS MOTOR VEHICLES
-53-
INSPECTOR, AT REGIONAL TRANSPORT OFFICE
AT BANGALORE SOUTH
22. SOMASHEKAR PRABHU S/O MANOHAR PRABHU
AGE: 37 YEARS
NO.116, 2ND STAGE, HANUMAN NAGAR
BELGAUM-590 001
WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE
AT BANGALORE SOUTH
23. PRAKASH HULABATTI S/O CHANNAPPA
AGE: 41 YEARS
C/O HEMAPPA M SANGAMESHWAR NILAYA,
SUNDARGERI STREET, HASARAPPANNAHALLI,
DAVANGERE DISTRICT -583 131
WORKING AS MOTOR VEHICLES INSPECTOR
AT REGIONAL TRANSPORT OFFICE
AT BANGALORE SOUTH
24. VARADARAJU
AGE: 30 YEARS
NAIKARAHALLI RASTHE, BANDALI POST
KOLLEGAL TALUK, CHAMARAJNAGAR DISTRICT -571 439
WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE
AT K G F
25. H R SOWMYA, D/O RUDRAPPA
AGE: 30 YEARS
NEW NES CROSS QUARTERS NO.576, MYSORE
CEMENTS LIMITED, AMMASANDRA, TUMKUR - 572 211
WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE
AT K G F
26. RAVI BHISE S/O PUNDALIK
AGE: 38 YEARS
PARADHOL POST, INDI TALUK,
BIJAPUR DISTRICT-586 204
WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE
AT MANDYA
-54-
27. VINAYAKA NAIK S/O SHIVAJI
AGE: 30 YEARS
NO.356, MARUTHI PRIMARU SCHOOL,GANESHPUR
INDALGA POST, BELGAUM TALUK & DISTRICT - 591 108
WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE
AT MYSORE (EAST)
28. YESHWANTHKUMAR P R S/O RANGACHAR
AGE: 36 YEARS
NO.19, 1ST CROSS, K C ROAD, VIVEKNAGAR
HASSAN-1, WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE
AT MYSORE EAST
29. KAMAL BABU, S/O KULAL C G
AGE: 31 YEARS
MALLASANDRA VILLAGE & POST, BAGEPALLI
KOLAR DISTRICT - 581 201
WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE
AT MYSORE WEST
30. CHETHAN W/O DINESH P RAO
AGED ABOUT 30 YEARS
NO.3-26-2198/2, AKSHAYA, MANJUNATHA
COLONY, KADIRI, BAJPAI POST, MANGALORE- 575 004
WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE
AT MYSORE WEST
31. MAHADESHAPPA M S/O MADDAIAH
AGE: 41 YEARS
NO.C-112, TMC LAYOUT CHENNAPATNA TALUK
BANGALORE RURAL DISTRICT-571 501
WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE
AT MYSORE WEST
32. K N GOPIKRISHNA S/O NARAYANA SWAMY K N
AGE: 32 YEARS
NO.2504, TEJASWINI NILAYA, SHIVAGANGA NAGAR
BATAVADI TUMKUR
WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE
AT MANDYA
-55-
33. SRINIVASA P V S/O VENKATARAMANAPPA
AGE: 41 YEARS
BEHIND GOVT HOSPITAL, RAIN QUARTERS
GUAGE EXTENSION, PAVAGADA
TUMKUR DISTRICT -581 202
WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE
AT MANDYA
34. B N LAKSHMI, W/O A R SUDARSHAN
AGE: 32 YEARS
ANKAPURA VILLAGE AND POST, HASSAN TALUK
AND DISTRICT-573 120
WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE
AT MANDYA ... PETITIONERS
(By SRI J PRASHANTH FOR
M/S RAVIVARMA KUMAR ASSOCIATES, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
HOME DEPARTMENT,
M.S BUILDING, BANGALORE 560 001
2. THE KARNATAKA PUBLIC SERVICE
COMMISSION, PARK HOUSE,
BANGALORE - 560 001
REPRESENTED BY ITS SECRETARY
3. THE TRANSPORT COMMISSIONER
IN KARNATAKA, M.S. BUILDING
DR. AMBEDKAR VEEDHI
BANGALORE 560 001
4. H.G. SOMASHEKARA
AGED 33 YEARS
S/O H.A GANGEGOWDA
BEHIND T.B.SAKREPATNA 577 135
KADUR TALUK, CHICKMAGALUR DISTRICT
5. MARLLINGAPPA K
AGED 35 YEARS
S/O NINGAPPA K, RAMAPURA POST
KUDLIGI TALUK, BELLARY DISTRICT
-56-
6. VENUGOPAL
AGED 37 YEARS
S/O LATE K.M.SHIVARAM
DOOR NO.97, F.KOLIDARA ROAD
JAYALAKSHMIPURAM, MYSORE
7. VEERABHADRAPPA HARIHAR
AGED 35 YEARS
S/O GURUSHANTAHAPPA H, 3247
VEERASHKRUPA, 11TH MAIN, 2ND CROSS
M.C.C B BLOCK, DAVANAGERE - 4
8. KUMARA H.M.
AGED 38 YEARS
S/O MALIRANGAIAH
NO.18/64 (1) SUDARSHAN BADAVANE
MADIKERI, KODAGU DIST
9. K. YOGENDRA
AGED 31 YEARS
S/O KRISHNAPPA, NO.16
ESHWAR RAO COMPOUND, 8TH MAIN
T. DASARAHALLI, NAGASANDRA POST,
BANGALORE
10. ANANDA KUMAR B.G.
AGED 30 YEARS
S/O GOVINDAPPA, NO.64, 1ST MAIN ROAD
PARVATHIPURAM, BANGALORE - 4
11. HAREESH B.K.
30 YEARS
S/O C KODANDARAM, NO.29
5TH CROSS, 6TH A MAIN, KSRTC
C/O J.P.NAGAR, 2ND PHASE
BANGALORE
12. ANAND K.C
AGED 30 YEARS
S/O CHANDRASHEKAR, NO.54/1, 1ST D CROSS
RAMCO LAYOUT, VIJAYANAGAR II STAGE
BANGALORE -560 040
13. K.RAJESH, 34 YEARS
S/O K.RAMSH SHET, DAIVAJNA COMPOUND
BTR ROAD, OPP. M.G.PARK
KUNDAPURA - 576 201
-57-
14. ARUN SURENDRA PATIL
AGED 35 YEARS
S/O SURENDRA S PATIL
C/O KUNTOJI BUILDING, NEAR SANTABAI TEMPLE
SAHU NAGAR, KAWALI GATE
BIJAPUR
15. SHASIKUMAR E, S/O P. EKANANDA
AGED 31 YEARS, # 24
SRINIVAS NILAYA,
2ND FLOOR 8TH MAIN, 3RD CROSS,
MANJUNATH NAGAR, BANGALORE ... RESPONDENTS
(BY SRI MADHUSUDAN R NAIK, SR. ADVOCATE AS SPECIAL
COUNSEL A/W SRI RAVINDRA D.K, ADVOCATE FOR R1 AND R3;
SRI REUBEN JACOB ADVOCATE FOR R2; SRI H SUBRAMANYA
JOIS, SR. ADVOCATE A/W SRI RANGANATH S JOIS, ADVOCATE
FOR R4, 6-9, 11-15 [V/K NOT FILED V/O DTD.22.07.2010];
R5 AND R10 SERVED)
WP NOS.17294-17327/2010 ARE FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL
DATED 25.5.2010 IN APPLICATION NOS.182 TO 185/2007 AND 187,
195, 197 TO 202/2007 VIDE ANNEXURE-A AND ETC.
IN WP NOS.17481/2010 & 17485-17490/2010
& 17723-17727/2010 (S-KAT)
BETWEEN:
1. M D SHARASH CHANDRA HEGDE
AGED ABOUT 39 YEARS
S/O.K DEVARAJA HEGDE, NOW WORKING AS
MOTOR VEHICLES INSPECTOR
O/O.REGIONAL TRANSPORT OFFICE, BANGALORE
(WEST) BANGALORE.
R/A NO.168/F3, SHRINAGAR
8TH MAIN, SARVAJANIKA HOSTEL ROAD
VIDYARANYAPURAM, MYSORE -570 008
2. S G JAMALUDHEEN S/O.S S GHAZNAVI
AGED ABOUT 50 YEARS
NOW WORKING AS MOTOR VEHICLES
INSPECTOR, O/O REGIONAL TRANSPORT OFFICE
HASSAN, HASSAN DISTRICT
-58-
R/A NO.22/1, 6TH CROSS, REHMAT NAGAR
R T NAGAR POST, BANGALORE-560 032
3. H S HEMANTH S/O.H S SEETHARAMU
AGED ABOUT 30 YEARS
NOW WORKING AS MOTOR VEHICLES
INSPECTOR, O/O REGIONAL TRANSPORT OFFICE
MYSORE (EAST), MYSORE
R/A D/NO.EWS 720, III MAIN ROAD
KUVEMPUNAGAR, HASSAN 573 201
4. RAMESH B S S/O.B K SEETHARAMAIAH
AGED ABOUT 41 YEARS
NOW WORKING AS MOTOR VEHICLES
INSPECTOR, O/O REGIONAL TRANSPORT OFFICE
BANGALORE (WEST) BANGALORE
R/A NO.275, 8TH MAIN
15TH CROSS, WILSON GARDEN
BANGALORE - 560 030
5. MOHAMMED JAFAR SADIK S/O.C N NAVALI
AGED ABOUT 35 YEARS
NOW WORKING AS MOTOR VEHICLES
INSPECTOR, O/O REGIONAL TRANSPORT OFFICE
BANGALORE (CENTRAL) BANGALORE
R/A FIZA COMPUTERS
1ST FLOOR, ABU BAKAR COMPLEX, DAILY
MARKET ROAD, KILLA AREA, GANGAVATHI - 583 227
6. NAGARAJ SHELAGI, S/O.SABANNA B SHELAGI
AGED ABOUT 32 YEARS
NOW WORKING AS MOTOR VEHICLES
INSPECTOR, O/O REGIONAL TRANSPORT OFFICE
BANGALORE (NORTH) YESHWANTHAPUR
BANGALORE
R/A HOUSE NO.424/C,
SHANTHINIKETHAN COLONY O/H DAEWOO
KRUPA, P B ROAD, HUBLI 580 025 ... PETITIONERS
(BY SRI SUBBARAO, SR.ADVOCATE A/W
SRI M SUBRAMANYA BHAT, ADVOCATES)
-59-
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
HOME DEPARTMENT, M S BUILDING
DR B R AMBEDKAR VEEDHI
BANGALORE-560 001
2. THE TRANSPORT COMMISSIONER
IN KARNATAKA, M.S.BUILDING
DR. B.R.AMBEDKAR VEEDHI
BANGALORE - 560 001
3. THE KARNATAKA PUBLIC SERVICE
COMMISSION, UDYOG BHAVAN
BANGALORE - 560 001
REPRESENTED BY ITS SECRETARY
4. H.G.SOMASHEKARA, S/O LATE GANGEGOWDA
AGED ABOUT 35 YEARS
RESIDING BEHIND T.B.
SAKREPATNA - 577 135
KADUR, CHICKMAGALUR DISTRICT
5. K MARILINGAPPA, S/O K.NINGAPPA
AGED ABOUT 37 YEARS
R/A RAMPURA POST
KUDLIGI TALUK, BELLARY DISRICT
6. VENUGOPAL, S/O LATE K M SHIVARAM
AGED ABOUT 39 YEARS
R/A DOOR NO.97, F. KOLIDARA ROAD
JAYALAKSHMIPURAM, MYSORE
7. VERABHADRAPPA HARIHAR
S/O.GURUSHANTHAPPA H
AGED ABOUT 37 YEARS
R/A NO.3247, VEERESHKRUPA
11TH MAIN, 2ND CROSS,
M C C 'B' BLOCK, DAVANAGERE-4
8. KUMAR H M, S/O.MARILIGAIAH
AGED ABOUT 40 YEARS
NO.18/64(1) SUDARSHAN BADAVANE
MADIKERI, KODAGU DIST
9. K YOGENDRA, S/O.KRISHNAPPA
AGED ABOUT 33 YEARS
-60-
R/A NO.16, ESHWAR RAO COMPOUND
8TH MAIN, T DASARAHALLI
NAGASANDRA POST, BANGALORE
10. ANANDA KUMAR B G, S/O.GOVINDAPPA
AGED ABOUT 32 YEARS, R/A NO.64, I MAIN ROAD
PARVATHIPURAM, BANGALORE-560 004
11. HAREESH B K, S/O.C KODANDARAM
R/A NO.29, 5TH CROSS, 6TH MAIN
KSRTC, C/O.J P NAGAR 2ND PHASE
BANGALORE
12. ANAND K C, S/O.CHANDRASHEKAR
AGED ABOUT 32 YEARS
R/A NO.54/1, 1ST 'D' CROSS, REMCO LAYOUT
VIJAYANAGAR II STAGE, BANGALORE-560 040
13. K RAJESH, S/O.K RAMESH SHET
AGED ABOUT 36 YEARS
R/A DAIVAJNA COMPOUND
BTR ROAD, OPP M G PARK
KUNDAPURA 576 201
14. ARUN SURENDRA PATIL, S/O.SURENDRA S PATIL
AGED ABOUT 37 YEARS, C/O.KUNTOJI BUILDING
NEAR SANTABAI TEMPLE, SAHU NAGAR, KAWALI GATE
BIJAPUR
15. SHASHIKUMAR E
S/O.P EKANANDAS
AGED ABOUT 33 YEARS
R/A NO.24, 'SRINIVASA NILAYA'
2ND FLOOR, 8TH MAIN, 3RD CROSS
MANJUNATHA NAGAR
BANGALORE 560 010 ... RESPONDENTS
(By SRI MADHUSUDAN R NAIK, SR. ADVOCATE AS SPECIAL
COUNSEL A/W SRI RAVINDRA D.K. ADVOCATE FOR R1 & R2;
SRI REUBEN JACOB, ADVOCATE FOR R3; SRI H SUBRAMANYA
JOIS, SR. ADVOCATE A/W SRI RANGANATH S JOIS, ADVOCATE
FOR C/R4, R6-R9, R11-R13 AND R15; R5, R10 & R14 - SERVED)
W.P.NOS.17481/2010 & 17485-17490/2010 & 17723-
17727/2010 ARE FILED UNDER ARTICLES 226 & 227 OF
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE
RECORDS IN APPLICATIONS NOS.182 TO 185, 187, 195, 197-
202/2007 ON THE FILE OF KARNATAKA ADMINISTRATIVE
-61-
TRIBUNAL, BANGALORE AND HOLD THAT THE ORDER DT.25.5.10,
MADE IN AFORESAID APPLICATION ON 25.5.10, VIDE ANN-A AS
ILLEGAL & THAT THE KARNATAKA ADMINISTRATIVE TRIBUNAL HAS
MADE SERIOUS ERRORS OF LAW WHICH ARE APPARENT ON THE
FACE OF RECORD & THAT THE ORDER IS MANIFESTTLY ILLEGAL
AND ETC.
IN WP NOS.19401/2011 & 21520-21530/2011 (S-KAT)
BETWEEN:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
TRANSPORT DEPARJTMENT
M S BUDLING, BANGALORE - 560 001
2. THE TRANSPORT COMMISSIONER IN KARNATAKA
M S BUIDLNIG, DR.AMBEDKAR VEEDHI
BANGALORE - 560 001 ... PETITIONERS
(By Sri.MADHUSUDAN R NAIK, SR. ADVOCATE AS
SPECIAL COUNSEL A/W SRI RAVINDRA D K, ADVOCATES)
AND:
1. H G SOMASHEKARA
AGED 37 YEARS
S/O H A GANGEGOWDA
BEHIND T B SAKREPATNA 577 135
KADUR TALUK, CHICKMAGALUR
DISTRICT.
2. MARIILINGAPPA K S/O NINGAPPA K
AGED 39 YEARS,RAMAPURA POST
KUDLIGI TALUK, BELLARY DISTRICT
3. VENUGOPAL S/O LATE K M SHIVARAM
AGED 41 YEARS, DOOR NO.97, F KOLIDARA ROAD
JAYALAKSHMIPURAM MYSORE
4. VEERABAHDRAPPA HARIHAR S/O GURUSHANATHAPPA H
AGED 39 YEARS, 3247, VEERESHKRUPA 11TH MAIN
2ND CROSS, MCC B BLOCK
DAVNAGERE - 4
5. KUMARA H M, S/O MALIRANGAIAH
AGED 42 YEARS, NO.18/64(1)
-62-
SUDARSHAN BADAVANE
MADIKERI, KODAGU DISTRICT
6. K YOGENDRA S/O KRISHNAPPA
AGED 35 YEARS
NO.16, ESHWARA RAO COMPOUND
8TH MAIN, T DASARAHALLI
NAGASANDRA POST, BANGALORE
7. ANANDA KUMAR B G, S/O GOVINDAPPA
AGED 34 YEARS, NO.64, I MAIN ROAD
PARVATHIPURAM, BANGALORE - 4
8. HAREESH B K, S/O C KODANDARAM
AGED 34 YEARS
NO.29, 5TH CROSS, 6TH MAIN
KSRTC C/O J P NAGAR
2ND PHASE BANGALORE
9. ANAND K C, S/O CHADNRASHEKAR
AGED 34 YEARS
NO.54/1, I 'D' CROSS
REMCO LAYOUT, VIJAYANAGAR
II STAGE, BANGALORE - 560 040
10. K RAJESH, S/O K RAMESH SHET
AGED 39 YEARS, DALVAJNA COMPOUND
BTR ROAD, OPP. M.G.PARK
KUNDAPURA 576 201
11. ARUN SURENDRA PATIL S/O SURENDRA S PATIL
AGED 39 YEARS, C/O KUNTOJI BUIDLING
NEAR SANTABAI TEMPLE
SAHU NAGAR, KAWALI GATE, BIJAPUR
12. SHASHIKUMAR E, S/O P EKANANDA
AGED 35 YEARS, NO.24,SRINVIASA NILAYA
2ND CROSS, 8TH MAIN 3RD CROSS
MANJUNATHA NAGAR, BANGALORE - 10
13. THE KARNATAKA PUBLIC SERVICE COMMISSION
PARK HOUSE, BANGALORE - 560 001
REPRESENTED BY ITS SECRETARY
14. KAMBLE SATISHKUMAR, S/O SRI SHANKAR
AGED ABOUT 43 YEARS, R/AT NAGARAL
CHIKKODI TALUK, BELGAUM DISTRICT
-63-
15. S G JAMALUDHEEN, S/O SRI S S GHAZNAVI
AGED ABOUT 52 YEARS
R/AT NO.22/1, 6TH CROSS, REHMAT
NAGAR, R.T.NAGAR POST
16. H S HEMANTH, S/O SRI H S SEETHARAMU
AGED ABOUT 34 YEARS
R/AT DOOR NO.EWS 720
III MAIN RAOD, KUVEMPUNAGAR
HASSAN 573 201
17. T H MAHESHKUMAR, S/O SRI T G HANUMANTHA RAO
AGED ABOUT 37 YEARS
R/AT NO.143, ANNAPOORNESHWARI
2ND CROSS, 5TH MAIN
JAYANAGAR EAST, SHETTIHALLI
MAIN ROAD,TUMKUR
18. V RAVI, S/O SRI N VEERABADRAPPA
AGED ABOUT 46 YEARS, NO.55, 4TH CROSS
LINK ROAD, MALLESHWARAM
BANGALORE - 560 003
19. T MURALIDHARA, S/O SRI C THIMMAIAH
AGED ABOUT 46 YEARS
R/AT NO.3531, 7TH CROSS
GAYATHRI NAGAR, BANGALORE - 560 021
20. RAMESH B S, S/O SRI B K SEETHRAMAIAH
AGED ABOUT 43 YEARS, NO.295, 8TH MAIN
15TH CROSS, WILSON GARDEN
BANGALORE - 560 030
21. M D SHARASH CHADNRA HEGDE
S/O SRI K DEVARAJA HEGDE
AGED ABOUT 37 YEARS
NO.168/F3, SHRINAGAR, 8TH MAIN
SARVAJANIKA HOSTEL ROAD
VIDYARANYAPURAM, MYSORE -570 008
22. MOHD. JAFAR SAIDK, S/O SRI T N NAVALI
AGED ABOUT 37 YEARS, FIZA COMPUTERS, I FLOOR
ABU BAKAR COMPELX
DAILY MARKET ROAD, KOLLA AREA
GANGAVATHI - 583 227
23. MAHESH A C, S/O SRI CHANDRA GOWDA
AGED ABOUT 36 YEARS, NO.36, ARALAKUPPE
-64-
VITALAPURA POST, K R PET TALUK
MANDYA DISTRICT
24. SURESHA C, S/O LATE CHANNAPPA
AGED ABOUT 36 YEARS
NO.L-07, KALABHYRAVA NILAYA
4TH MAIN ROAD, HEBBAL I STAGE
METAGALLI, MYSORE - 570 016
25. NAGARAJ SHELAGI, S/O SRI SABANNA B SHELAGI
AGED ABOUT 34 YEARS, HOUSE NO.424/C
SHANTHINIKETHAN COLONY
O/H DAEWOO MOTORS
BHAIRIDEVER KRUPA
P.B.ROAD, HUBLI - 580 025
26. A R RAGHUNANDAN, S/O SRI A P RAJAGURU
AGED ABOUT 28 YEARS, R/AT NO.77, HVR ALYOUT
6TH MAIN, BANGALORE - 560 079
27. VISHWANATHA SHETTAR, MAJOR
NO.278, WARD NO.8, BALULAMUTT
OPP. STATION ROAD, BAGALKOT - 587 101
28. MANJUNATH G R, S/O G K RANGACHARI
MAJOR, GOWDARAKALLI
NEEJIGERE POST, SALKESHPUR TALUK
HASSAN DISTRICT - 573 134
29. SURESH B M, S/O MUDDERE GOWDA G K
MAJOR, SRIDEVINILYA, POST OFFICE ROAD
HALAGUR, MALAVALLI TALUK
MANDYA DISTRICT - 571 421
30. SURESH, MAJOR
NO.1775/17, VINAYAKA NAGARA
POST NIJAGUNDI, B.BAGEDAWADI TALUK
BIJAPUR DISTRICT - 586 213
31. PRAVEEN N S, MAJOR
NO.84/2B, 5TH CROSS
RAJENDRANAGAR, MYSORE 570 007
32. HARSHA H P, MAJOR
C/O M PARAMESHWARAPPA
MARUTHI NILAYA, UNION COLONY
HEAD POST OFFICE ROAD
CHITRADURGA - 577 501
-65-
33. SANTHOSH SHETTY, MAJOR, S/O HARIYANA SHETTY
MALEKABBINABYLE POST
AND VILLAGE, HULLUR,
KUNDAPURA - 578 229
34. SHIVAKUMAR N, MAJOR
NO.63, BELEGERE
NANJANGUD TALUK
MYSORE DISTRICT - 571 129
35. H R PRAKASH, MAJOR
HANUTHUR VILLAGE AND POST
MUDUGERE TALUK,
CHICKMANGALORE DISTRICT.
36. K V NAGARAJ S/O VEERABHADRAPPA
MAJOR, KALPUR POST
CHAMARAJANAGAR TALUK AND DISTRICT
37. YOGESH C, MAJOR
C/O K R HANUMAPPA
BAGANNA NILAYA
10TH CROSS, IUDP LAYOUT
N.H.4, BANGALORE ROAD
CHITRADURGA
38. MAHESH C MATTAPATHI, MAJOR
C/O C.B.MATTAPATHI
MARDIMUTT, AT POST, GOKAK TALUK
BELGAUM DSITRICT
39. R RAKESH, MAJOR
KAMALAMMA KEMPANNA COMPOUND
VENUGOPALASWAMY TEMPLE ROAD
4TH BLOCK, D.B.SANDRA
VIDYARANYAPURAM BANGALORE
40. C N KANNAN, MAJOR
S/O NANJAIAH M B
KARINANJAPURA LAYOUT, SOMVARPET POST
CHAMARAJANAGAR TALUK & DISTRICT
41. J V SUNDAR, MAJOR
NO.230, OPH ROAD
NEAR JAIN TEMPLE
BANGALORE-560 051
-66-
42. PRASHANTH MARALINGANAVAR, MAJOR
AT POST KULLUR, RAMADURGA
BELGAUM DISTRICT
43. YOGESH, MAJOR
NO.6531, BASAVAKRUPA
16TH CROSS,. NAGESHWARAN LAYOUT
NANJANGUD, MYSORE DISTRICT
44. SIDDALINGESH BELAD, MAJOR
S/O D V BELAD, SIDDALING SADAN
3RD MAIN ROAD, 2ND CROSS, HUDCO COLONY
GADAG
45. IMTHIAZ PASHA, MAJOR
NO.3718/2, 8TH CROSS
9TH MAIN ROAD, KAUVERI ROAD
BSK 2ND STAGE, BANGALORE-560 070
46. VINAY CHOUDHARI K, MAJOR
NO.7, 3RD CROSS
SURVEY NO.129,. KRISHNAPPA LAYOUT
BEM NAGAR 8TH STAGE, BANGALORE-560 098
47. KESHAVAPPA N, MAJOR
NO.1609, HBR LAYOUT
NEAR 10TH BMTC DEPOT
KACHARAKKANAHALLI
KALYAN NAGAR POST
BANGALORE-560 043
48. MD KHALEEL A S, MAJOR
J C R EXTENSION
2ND CROSS, NEAR KANNADA
PRIMARY SCHOOL, CHITRADURGA-1
49. C SUNIL, MAJOR
NO.30/1, MANJUNATHASWAMY NILAYA
CHOWDESHWARI TEMPLE STREET
BATAVADI, TUMKUR-3
50. MARUTHI NAIK, MAJOR
TARI BAGELU, HEGDE POST
KUMTA TALUK
UTTARA KANNADA DISTRICT-581 330
51. C S SATISH, MAJOR
NO.8/1, BHARATHI NIYALA
-67-
JYOTHI RAO LANE
3RD CROSS AT STREET
YESHWANTHAPURA, BANGALORE-560 022
52. JAVARAIAH K, MAJOR
S/O KARAGAIAH
NO.112, EWS NEAR MADEGOWDA CIRCLE
1ST STAGE, HEBBAL, MYSORE-570 018
53. ABDUL NAZIM, MAJOR
CHARGEMAN, KSRTC
SHIVANASAMUDRAM BLUFF
MALAVALLI TALUK, MANDYA DISTRICT
54. BALACHANDRA THODALABAGI, MAJOR
S/O H S THODALABAGI
CHALUKYANAGAR, SHOLAPUR ROAD
BIJAPUR-1
55. BASAVARAJU M, MAJOR
S/O MUNISWAMY, SHIVAKRUPA
MINI VIDHANA SOUDHA
ARASIKERE 2ND BLOCK
RAJAJINAGAR
BANGALORE-560 010
56. PUTTUSWAMY H N, MAJOR
NO.16, MANJUNATHASWAMY NILAYA
19TH A MAIN ROAD
NEAR VENKATESHWARA THEATRE
G E F POST AVALAHALLI
BANGALORE-560 028
57. PRABHAKAR N, MAJOR
S/O M NARASIMHAIAH
NAGUVANAHALLI
SRIRANGAPATNA TALUK
MANDYA DISTRICT-571 438
58. PRABHAKAR, MAJOR
S/O SHARANAPPA CHAWHAN
JAVALGAZ, ALAND
GULBARGA DISTRICT
59. ASHFAN B S, MAJOR
S/O SHAMSUDDIN B A
-68-
NEAR SHIFFAZ CLINIC
GANAPTHI STREET, MADIKERI-571 201
60. K G RAMASWAMY, MAJOR
NO.126, 8TH CROSS
8TH BLOCK, BDA LAYOUT
NAGARABHAVI 2ND STAGE
BANGALORE-560 072
61. NANDISH S N, MAJOR
S/O NANJUNADAGOWDA S T
SIDDANNAHALLI VILLAGE
S MADAMANGALA POST
BANGALORE-563 114
62. C TIPPESWAMY
NO.1537, 4TH C MAIN ROAD
1ST FLOOR, RAMCO LAYOUT
VIJAYANAGARA POST
2ND STAGE
BANGALORE-560 040
63. B S NANDISH, MAJOR
S/O SRINIVASAMURTHY
BASAVARAJANAGAR
BENDEKERE POST
ARASIKERE TALUK
HASSAN DISTRICT
64. N PRABHU, MAJOR
S/O NANJUNDAIAH M
VIVEKANADANAGARA
GARDEN HOUSE
BANGARPET-583 114
65. JAGADISH G, MAJOR
C/O D K KANNIMANNA
KANIVENILAYA
NO.189. MAHALAKSHMINAGAR
BATAVADI, TUMKUR-572 103
66. SHARANAIAH, MAJOR
S/O RAMAIAH VIBHUTH
HUDGI POST, HUMNABAD
BIDAR DISTRICT-585 329
67. RAMACHANDRA K P, MAJOR
NO.678, MAIN ROAD
-69-
KIKKEERI, K R PET TALUK
MANDYA DISTRICT
68. RAJESH S P, MAJOR
NO.12, 8TH CROSS
8TH MAIN, VIDYARANYAPURAM
MYSORE
69. ARUN FAKIRAPPA KATIMANI
C/O F K KORAVAR BUILDING
KAGOR ROAD, GADAG-1
70. RAGHU M H, MAJOR
TRUPTHI 2ND CROSS
80 FEET ROAD, BATAWADAI, TUMKUR-3
71. PAVITHRA K, MAJOR
D/O LAKSHMAN PUJARI K
BANGERA COMPOUND
ULLANDI PUTTUR
DAKSHINA KANNADA DISTRICT-574 201
72. RAVIRAJ, MAJOR
SINDU NO.F1/10, PARASVADI 2ND STAGE
KESHAVAPUR, HUBLI-30
73. SAIFUDDIN KHAN, MAJOR
M I G 85, NEAR HUDCO STAGE
BANNIMANTAP, MYSORE-15
74. DILIP KUMAR R, MAJOR
NO.1075, 32ND CROSS
SRI M V EXTENSION
S I T MAIN ROAD, TUMKUR-2
75. VISHWAJEET MALAJURE, MAJOR
NO.310, SHRAVANTHI WOODS
NOBO NAGAR, BANNERGHATTA ROAD
BANGALORE-560 078
76. SHAMBUSHEKAR J M, MAJOR
NO.97, 8TH CROSS, A BLOCK
D DEVARAJ URS LAYOUT
DAVANAGERE-6
77. SHEKAR A, MAJOR
NO.1, KONNAKUNTE CROSS
-70-
KANAKAPURA MAIN ROAD
BANGALORE-560 062
78. VENKATAPPA, MAJOR
NO.1-5-207, NEAR S BH GURUMITKAL POST
YADAGIR TALUK
GULBARGA DISTRICT-585 214
79. T SUDHIR BABU, MAJOR
S/O C THIMMAPPA
NO.2056, SRI BALAJI KURPA
CHELUVAIAH STREET
RAMAMURTHYNAGAR
BANGALORE-560 016
80. VINAYKUMAR D H, MAJOR
C/O SATHYANARAYANA
NO.775, EWS HOUSING BOARD
KUVEMPUNAGAR, HASSAN-1
81. MAHANTHESH, MAJOR, 2-12-248
SRISHYLA MALLIKARJUNA NILAYA
NEAR WATER TANK, BUS STAND
LINGASUGUR-584 122
82. RAMESH SHANKAR MILAGI, MAJOR
AUTOMOBILE ENGINEER
B-21, HEERANAGAR FACTORY COLONY
SANKESHWAR-HUKKERI
BELGAUM DISTRICT-591 314
83. OMPRAKASH ADIN, MAJOR
APDOUPPARATHI, GOKAK
BELGAUM DISTRICT-581 233
84. G N SURESH, MAJOR
S/O NEELAKANTAIAH
LINGANAHALLI POST
CHENNAGIRI, SHIMOGA DISTRICT-577 221
85. T S GIRIDHAR, NO.447 B, 9TH CROSS
2ND STAGE, J.P.NAGAR
BANGALORE-560 078
86. MURTHUNJAYA HONNAKERE, MAJOR
NO.8, 9TH CROSS
VISHWESHNAGAR, HUBLI-32
-71-
87. NAGARAJ D B, MAJOR S/O BORAPPA
DODDENAHALLI RANGASAMUDRA
PAVAGADA, TUMKUR DISTRICT-581 202
88. SUDHAKAR M N, MAJOR
R.R ENTERPRISES
NO.41, D.DUTHIL
YESHWANTHAPURA INDUSTRIAL SUBURB
BANGALORE-560 022
89. SURESH KUMAR R, MAJOR, S/O RAMANNA N
TELEPHONE EXCHANGE
KUDUR, MAGADI TALUK
BANGALORE RURAL DISTRICT-581 101
90. G NAGARAJA, MAJOR
S/O LATE GOSHAPPA
SASALAKUNTE POST
PAVAGADA TALUK
TUMKUR DISTRICT-581 202
91. SADRULLA SHARIFF H, MAJOR
C/O NAGENDRA, MAVINAKERE POST,
TURUVEKERE, TUMKUR DIST-572 221
92. H PRASANNA, MAJOR
NO.151/B, 3RD BLOCK
KENDRIYA VIHAR
YELAHANKA, BANGALORE-560 084
93. SOMASHEKAR PRABHU, MAJOR
NO.116, 2ND STAGE
HANUMAN NAGAR, BELGAUM-590 001
94. MALLIKARJUNA, MAJOR
HOSA AGRAHARA
K.R.NAGAR TALUK
MYSORE DISTRICT-571 602
95. PRAKASH HULABATTI, MAJOR
C/O HEMAPPA M
SANGAMESHWAR NILAYA
SUNDARGERE STREET,
HASARAPPANAHALLI
DAVANAGERE DISTRICT-583 131
96. ASADULLA BAIG M M, MAJOR
NO.D-1/352, NEAR MOSQUE
-72-
2ND MAIN ROAD, R.LEELAVATHI EXTENSION
MADDUR, MANDYA DISTRICT
97. RANJITHA B K, MAJOR
NO.257, TEJESH NILAYA
HOYSALA NAGAR, BORANAHALLIKERE
POLICE COLONY, HASSAN-573 201
98. PARAMANANDA SAJJAN, MAJOR
BYCODE, SINDAGI TALUK
BIJAPUR DISTRICT-586 120
99. GOVINDALALU RATHOD, MAJOR
S/O LALU RATHOD
ARAKERE, L.T.3., BIJAPUR TALUK
AND DISTRICT-586 103
100. NAYAS KHAN PATTAN, MAJOR
AZAD NAGAR, HIREKERUR TALUK
HAVERI DISTRICT-581 111
101. VARADARAJU, MAJOR
NALKARAHALLE RASTHE
BANDALI POST, KOLLEGAL TALUK
CHAMARAJANAGAR DISTRICT-571 439
102. H R SOWMYA, MAJOR, D/O RUDRAPPA
NEW NES CROSS QUARTERS
NO.576, MYSORE CEMENTS LIMITED
AMMASANDRA, TUMKUR-572 211
103. GIRISH BABU H T, MAJOR
NO.78, KHB COLONY
2ND CROSS, OOTY ROAD
NANJANGUD, MYSORE DISTRICT
104. POORNIMA, MAJOR
SHIVACHANDRA, 101/1
GANDHIJI ROAD
MARY HILL, MANGALORE-8
105. RAVI BHISE, MAJOR
PARADHOL POST, INDI TALUK
BIJAPUR DISTRICT-586 204
106. VINAYAKA NAIK, MAJOR
NO.356, MARUTHI PRIMARY SCHOOL
-73-
GANESHPUR, INDALGA POST
BELGAUM TALUK AND DISTRICT-591 108
107. NARENDRA S, MAJOR, S/O SHANTHAPPA T
NO.295, 1ST 'B' CROSS, 3RD MAIN
6TH BLOCK, 2ND PHASE
BSK 3RD STAGE, BANGALORE-560 085
108. YESHWANTHKUMAR P R, MAJOR
NO.19, 1ST CROSS
K.C.ROAD, VIVEKNAGAR
HASSAN-1
109. MANJUNATH K, MAJOR, S/O BASAVARAJA KORDHI
C/O BABUVANTHI, EX.MANAGER, OPP. MRMC
SUNDAR NAGAR, GULBARGA-585 105
110. KAMAL BABU, MAJOR, S/O KULAI C G
MALLASANDRA VILLAGE AND POST
BAGEPALLI, KOLAR DISTRICT-581 201
111. CHETHAN, MAJOR
NO.3-26-2198/2, AKSHAYA
MANJUNATHA COLONY
KADIRI, BAJPAI POST
MANGALORE-575 004
112. VIRUPAKSHAPPA ANNEPPAGOL, MAJOR
DREAM GARDEN APARTMENTS
10TH CROSS, CHANDRANATHANAGAR
NEAR VIJAYA HOTEL, HUBLI-32
113. MAHADESHAPPA M, MAJOR
S/O MADDAIAH, NO.C-122, TMC LAYOUT
CHENNAPATNA TALUK
BANGALORE RURAL DISTRICT-571 501
114. K N GOPIKRISHNA, MAJOR
NO.2504, TEJASWINI NILAYA
SHIVAGANGA NAGAR
BATAVADI, TUMKUR
115. SRINIVASA P V, MAJOR
BEHIND GOVT. HOSPITAL
RAIN QUARTERS, GUAGE EXTENSION
PAVAGADA, TUMKUR DISTRICT-581 202
-74-
116. B N LAKSHMI, MAJOR
W/O A R SUDARSHAN
ANKAPURA VILLAGE AND POST
HASSAN TALUK & DISTRICT-573 120
117. K V RAGHURAM, MAJOR
NO.221, 9TH MAINROAD
2ND CROSS, NAGENDRA EXTENSION
BANASHANKARI I STAGE
BANGALORE-560 050
118. RAMESH S, MAJOR
NO.132, V ALLOTMENT
8TH CROSS, 3RD MAIN ROAD
MARUTHINAGAR, YELAHANKA
BANGALORE-560 084
119. ANIL KUMAR C P, MAJOR
C/O K S PRASAD, INSPECTOR C.B
MALATHESHANILAYA
FORT, CHICKMAGALUR
120. SHARANABASSAPPA AKKI, MAJOR
C/O B S THYAMANAVAR
NEAR GANESH TEMPLE SANGOLI
RAYANANAGARA
DHARWAD-580 002
121. MANJUNATH PRASAD T N, MAJOR
NO.2758, 4TH MAIN ROAD
2ND STAGE, KUMARASWAMY LAYOUT
BANGALORE-78
122. RANJITH N, MAJOR
S/O NANJUNDAIAH
NO.99, 4TH MAIN ROAD
H.V.R LAYOUT
KHB COLONY, MAGADI ROAD
BANGALORE-560 079 ... RESPONDENTS
(By SRI REUBEN JACOB, ADVOCATE FOR R13; SRI SHRIDHAR
PRABHU FOR M/S SRIDHAR PRABHU ASSOCIATES, ADVOCATES
FOR R14; SRI J PRASHANTH FOR M/S RAVIVARMA KUMAR
ASSOCIATES, ADVOCATES FOR R15, R16, R20, R21, R22, R25,
R27, R29 TO R54 AND R56 TO R122; R1 TO R12, R17 TO R19,
R23, R24, R26, R28 AND R55 ARE SERVED)
-75-
W.P.NOS.19401/2011 & 21520-21530/2011 ARE FILED
UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO CALL FOR THE RECORDS IN APPLICATION NOS. 182 TO
185, 187, 195, 197 TO 202 OF 2007 DATED 25.5.2010 ON THE FILE
OF THE HON'BLE KARNATAKA ADMINISTRATIVE TRIBUNAL,
BANGALORE AS PER ANNEXURE-A AND SET ASIDE THE IMPUGNED
ORDER DATED 25.5.2010 IN APPLICATION NOS.182 TO 185, 187,
195, 197 TO 202 OF 2007 DATED 25.5.2010 ON THE FILE OF THE
HON'BLE KARNATAKA ADMINISTRATIVE TRIBUNAL, BANGALORE AS
PER ANNEXURE-A AND ETC.
IN WP NO.24525/2010 (S-KAT)
BETWEEN:
KAMBLE SATISHKUMAR
AGED ABOUT 40 YEARS
S/O SRI SHANKAR
RESIDING AT NAGARAL
CHIKKODI TALUK
BELGAUM DISTRICT ... PETITIONER
(By SRI NATARAJU B HALEMANE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
TRANSPORT DEPARTMENT
M.S. BUILDING
BANGALORE-560 001
2. THE SECRETARY
THE KARNATAKA PUBLIC SERVICE
COMMISSION, PARK HOUSE, BANGALORE-560 001
3. THE COMMISSIONER
DEPARTMENT OF TRANSPORT
GOVERNMENT OF KARNATAKA
M.S. BUILDING
BANGALORE-560 001 ... RESPONDENTS
(By SRI MADHUSUDHAN R NAIK, SR. COUNSEL AS SPECIAL
COUNSEL A/W SRI RAVINDRA D.K, ADVOCATES FOR R1 & R3)
W.P.NO.24525/2010 IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUAH THE ORDER
PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL IN
-76-
ALPPLICATION 2360/2008 DTD. 26.05.2010 VIDE ANNEX-J AND
DIRECT THE R2 TO CONSIDER THE SELECTION OF THE PETITIONER
UNDER RESERVE QUOTA FIXED FOR SCHEDULE CASTE CUM
PROVISIONAL DISPLACED PERSON (SC/PDP) UNDER ANNEX-B AND
ETC.
IN WP Nos.41905-41908/2010 & 6747-6758/2011 (S-KAT)
BETWEEN:
1. SRI RAKESH R, S/O RAJANNA B K
AGED ABOUT 26 YEARS
KAMALAMMA KEMPANNA COMPOUND
VENUGOPALASWAMY TEMPLE ROAD
4TH BLOCK, D B SANDRA, VIDYARANYAPURAM
BANGALORE-560 097
(WORKING AS MOTOR VEHICLES
INSPECTOR AT REGIONAL TRANSPORT OFFICE AT
K.R.PURAM BANGALORE)
2. SRI. HARSHA H P , S/O PRAKASH H E
AGED ABOUT 25 YEARS
C/O M PARAMESHWARAPPA
MARUTHINILAYA, UNION COLONY
HEAD POST OFFICE ROAD, CHITRADURGA-577501
(WORKING AS MOTOR VEHICLES INSPECTOR
AT REGIONAL TRANSPORT OFFICE AT MANGALORE)
3. SRI. SANTHOSH SHETTY M K, S/O HARIYANNA SHETTY
AGED ABOUT 31 YEARS
MALEKABBINABYLE POST AND VILLAGE
HULLUR, KUNDAPUR-578 229
(WORKING AS MOTOR VEHICLES
INSPECTOR AT ASST. REGIONAL TRANSPORT
OFFICE AT HONNAVARA)
w4. SMT. PAVITHRA K, D/O LAKSHMAN PUJARI K
AGED ABOUT 27 YEARS
BANGALORE COMPOUND
ULLANDI, PUTTUR
DAKSHINA KANNADA-574 201
(WORKING AS MOTOR VEHICLES INSPECTOR
AT REGIONAL OFFICE AT SHIMOGA) ... PETITIONERS
(By SRI ABHINAV R FOR M/S KUMAR & KUMAR, ADVOCATES)
-77-
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
HOME DEPARTMENT
M.S.BUILDING
BANGALORE-560 001
2. THE KARNATAKA PUBLIC SERVICE COMMISSION
PARK HOUSE, BANGALORE-560 001
REPRESENTED BY ITS SECRETARY
3. THE TRANSPORT COMMISSIONER IN KARNATAKA
M.S.BUILDING, DR. ABMEDKAR VEEDHI
BANGALORE-560 001
4. SRI. H G SOMASHEKARA
S/O H A GANGEGOWDA
BEHIND T B SAKREPATNA-577 135
KADUR TALUK
CHICKMAGALUR DISTRICT
5. SRI. MARILINGAPPA K
S/O NINGAPPA K
AGED 35 YEARS
RAMAPURA POST
KUDLIGI TALUK
BELLARY DISTRICT
6. SRI. VENUGOPAL
S/O LATE K M SHIVARAM
AGED 37 YEARS
DOOR NO. 97, F KOLIDARA ROAD
JAYALAKSHMIPURAM
MYSORE
7. SRI. VEERABHADRAPPA HARIHAR
S/O GURUSHANTHAPPA H
AGED 35 YEAS
NO. 3247, VEERESHKRUPA
11TH MAIN, 2ND CROSS
M C C , "B" BLOCK, DAVANAGERE-4
8. SRI. KUMARA H M S/O MALIRANGAIAH
AGED 38 YEARS
NO. 18/64(1) SUDARSHAN BADAVANE
MADIKERI, KODAGU DISTRICT
-78-
9. SRI. K YOGENDRA
S/O KRISHNAPPA
AGED 31 YEARS
NO.16, ESHWAR RAO COMPOUND
8TH MAIN, T DASARAHALLI
NAGASANDRA POST, BANGALORE
10. SRI. ANANDA KUMAR B G
S/O GOVINDAPPA
AGED 30 YEARS
NO.64, 1ST MAIN ROAD
PARVATHIPURAM
BANGALORE-560 004
11. SRI. HAREESH B K
S/O C KODANDARAM
AGED 30 YEARS
NO.29, 5TH CROSS, 6TH "A" MAIN
K S R T C C/O J P NAGAR
2ND PHASE, BANGALORE
12. SRI. ANAND K C
S/O CHADNRASHEKAR
AGED 30 YEARS
NO.54/1, 1ST "D" CROSS
REMCO LAYOUT, VIJAYANAGAR II STAGE
BANGALORE-560 040
13. SRI. ARUN SURENDRA PATIL
S/O SURENDRA S PATIL
AGED 35 YEARS
C/O KUNTOJI BUILDING
NEAR SANTABAI TEMPLE
SAHU NAGAR, KAWALI GATE
BIJAPUR
14. SRI. SHASI KUMAR E
S/O P EKANANDA
AGED 31 YEARS
NO.24, SRINIVASA NILAYA
2ND FLOOR, 8TH MAIN
3RD CROSS, MANJUNATHNAGAR
BANGALORE-560 010 ... RESPONDENTS
(By SRI MADHUSUDHAN R NAIK, SENIOR COUNSEL AS SPECIAL
COUNSEL A/W SRI D.K. RAVINDRA, ADVOCATES FOR R1 & R3;
SRI REUBEN JACOB, ADVOCATE FOR R2; SRI H SUBRAMANYA
JOIS, SENIOR COUNSEL A/W SRI RANGANATH S JOIS FOR M/S
JOIS ASSOCIATES, ADVOCATES FOR R4, 6 TO 9, 11, 12 & 14)
-79-
THIS W.P. Nos. 41905-41908/2010 & 6747-6758/2011 ARE FILED
UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE ORDER DATED 25.05.2010 PASSED BY THE
KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN
APPLICATION NOs.182 TO 185, 187, 195, 197 TO 202/2007 AT
ANNEX-A TO THE PRESENT W.P. AND CONSEQUENTLY REJECT THE
APPLICATIONS FILED BY THE CONTESTING RESPONDENTS AND
ETC.
IN W.P.NOS.908-911/2011 (S-KAT)
BETWEEN:
1. K V SUNDAR, S/O LATE VISWANATHA
AGED : 33 YEARS, R/A NO. 230, OPH ROAD
NEAR JAIN TEMPLE, BANGALORE-560 051
WORKING AS MOTOR VEHICLE
INSPECTOR IN K R PURAM, REGIONAL
TRANSPORT OFFICE, BANGALORE
2. IMTIYAZ PASHA
AGED ABOUT 37 YEARS
S/O AMEER PASHA
R/O NO.3718/2, 8TH CROSS
9TH MAIN, KAVERI NAGAR
BANASHANKARI II STAGE,BANGALORE
WORKING AS M V INSPECTOR, R T O HASSAN
3. C YOGESHA
AGED ABOUT 39 YEARS
S/O H M CHANNA BASAVAIAH
C/O K R HANUMAPPA
BAGANNA NILAYA, 10TH CROSS, IVDP LAYOUT
N H 4 BANGALORE ROAD, CHITRADURGA
WORKING AS M V INSPECTOR R.T.O HAVERI
4. MOHAMMED KHALID A S
AGED ABOUT 32 YEARS
S/O A SHAIK MAHABOOB
R/A JCR EXTENSION, II CROSS
NEAR KANNADA PRIMARY SCHOOL
CHITRADURGA, WORKING AS M V INSPECTOR
R T O, PUTTUR - 9 ... PETITIONERS
(By SRI RAVI G SABHAHIT, ADVOCATE)
-80-
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
HOME DEPARTMENT
M S BUILDING, BANGALORE
2. THE KARNATAKA PUBLIC SERVICE COMMISSION
PARK HOUSE, BANGALORE
REPRESENTED BY ITS SECRETARY
3. THE TRANSPORT COMMISSIONER
OF KARNATAKA, M S BUILDING
DR. AMBEDKAR VEEDHI
BANGALORE- 560 001
4. H G SOMASHEKHARA
AGE: 33 YEARS
S/O H A GANGEGOWDA
BEHIND T B SAKREPTNA - 577135
KADUR TALUK
CHICKMAGALUR DISTRICT
5. MARILINGAPPA K, S/O NINGAPPA K
AGE: 35 YEARS, RAMAPURA POST
KUDLIGI TALUK, BELLARY DISTRICT
6. SRI VENUGOPAL, S/O LATE K M SHIVARAM
AGE: 37 YEARS, DOOR NO. 97, F KOLIDARA ROAD
JAYALAKSHMIPURAM, MYSORE
7. VEERABHADRAPPA HARIHAR
AGED ABOUT 35 YEARS
S/O GURUSHANTHAPPA H
3247, VEERESHKRUPA
11TH MAIN, 2ND CROSS
MCC "B" BLOCK, DAVANAGERE-4
8. KUMARA H M, S/O MALIRANGAIAH
AGED ABOUT 38 YEARS
NO. 18/64(1), SUDARSHANA BADAVANE
MADIKERI, KODAGU DISTRICT
9. K YOGENDRA, S/O KRISHNAPPA
AGED ABOUT 31 YEARS
NO.16, ESHWAR RAO COMPOUND
-81-
8TH MAIN, T DASARAHALLI
NAGASANDRA POST, BANGALORE
10. ANANDA KUMAR B G
AGED ABOUT 30 YEARS
S/O GOVINDAPPA
NO. 64, 1ST MAIN ROAD
PARVATHIPURAM, BANGALORE- 4
11. HAREESH B K
AGED ABOUT 30 YEARS
S/O C KONDANDARAM
NO. 29, 5TH CROSS, 6TH A -MAIN
J P NAGAR, 2ND STAGE
BANGALORE
12. ANAND K C, S/O CHANDRASHEKAR
AGED ABOUT 30 YEARS
NO. 54/1, 1ST 'D' CROSS
REMCO LAYOUT, VIJAYANAGAR
II STAGE, BANGALORE-40
13. SRI K RAJESH
AGED ABOUT 34 YEARS
S/O K RAMESH SHET
DAIVAJNA COMPOUND
BTR ROAD, M G PARK
KUNDAPURA- 576 201
14. ARUN SURENDRA PATIL
AGED ABOUT 35 YEARS
S/O SURENDRA S PATIL
C/O KUNTOJI BUILDING
NEAR SANTABAI TEMPLE
SAHU NAGAR, KAWALI GATE, BIJAPUR
15. SHASHIKUMAR E
AGED ABOUT 31 YEARS
S/O P EKANANDA
NO 24, SRINIVASA NILAYA
2ND FLOOR, 8TH MAIN
3RD CROSS, MANJUNATHA NAGAR
BANGALORE-10 ... RESPONDENTS
(By SRI MADHUSUDHAN R NAIK, SPECIAL ADVOCATE AS
SPECIAL COUNSEL A/W SRI RAVINDRA.D.K, ADVOCATES FOR
R1 & 3; SRI REUBEN JACOB, ADVOCATE FOR R2;
SRI H SUBRAMANYA JOIS, SENIOR COUNSEL A/W
-82-
SRI RANGANATH S JOIS FOR M/S JOIS ASOCIATES,
ADVOCATES ACCEPTS NOTICE FOR R6 -9, 11-13 VIDE C/O
DTD.28.01.2011; R5 & 10 ARE SERVED VIDE C/O
DTD.28.01.2011)
W.P.NOS.908-911/2011 ARE FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 25.5.10 PASSED BY THE KARNATAKA
ADMINISTRATIVE TRIBUNAL, BANGALORE IN A.NOs.182 TO 185,
187, 195, 197 TO 202 OF 2007 VIDE ANNEX-C AND ETC.
IN W.P.NOS.103593/2014 & 103620-103657/2014 (S-KAT)
BETWEEN:
VENKATESH, S/O HANUMATHAPPA WADDAR
AGE: 39 YEARS, OCC:NIL
R/O. NEHRU NAGAR, NAGENDRANAMATTI
TALUK & DISTRICT HAVERI ... PETITIONER
(By SRI D PAVANESH FOR SRI M S BHAGAWAT, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY TO
GOVERNMENT TRANSPORT DEPARTMENT
M.S.BUILDING, DR. AMBEDKAR ROAD
BANGALORE - 560 001
2. THE COMMISSIONER FOR TRANSPORT
IN KARNATAKA, 5TH FLOOR, M S BUILDING
DR AMBEDKAR ROAD, BANGALORE - 560 001
3. SRI B P NAVEEN S/O. PUTASWAMI GOWDA
AGED ABOUT 31 YEARS
R/A. NO. 276/141, 9TH MAIN
PIPELINE, VIJAYANAGAR
BANGALORE - 560 040
4. SRI HUSSAIN SAB
AGED ABOUT 28 YEARS
S/O M R PUTTASWAMI GOWDA
RESIDING NEAR BLG. WATER TANK
BAGALKOT - 587 101
-83-
5. MALLESHAPPA P SAJJAN
AGED ABOUT 39 YEARS
R/AT: NO. 32, NEAR KARNATAKA
SEEDS CORPORATION
22ND CROSS, VIJAYANAGAR
VIDYAGIRI, BAGALKOT
6. VINAY KUMAR
AGED ABOUT 39 YEARS
S/O. HANUMANTHAPPA BAJANTHRI
R/AT: PAVAN NILAYA, SAPTAGIRI LAYOUT
GADDANAKERI, BAGALKOT
7. SANTOSH KUMAR KOMPI
AGED ABOUT 28 YEARS
R/AT: NO. 77, WARD NO. 1
HIREHADAGALI, DIST: BELLARY
8. SMT. KAVITHA T N
AGED ABOUT 32 YEARS
R/AT: NO. 103, 2ND FLOOR
RAMAKRISHNA NAGAR
4TH BLOCK, NANDINI LAYOUT
BANGALORE
9. SRI MOHAMMED SHARIF M SHEKHAJI
S/O SRI SHEKJI
AGED ABOUT 30 YEARS
R/AT: NO. 18, 1ST FLOOR
ABOVE BYRAVA DRIVING SCHOOL
33RD CROSS, JUGANAHALLI
2ND BLOCK, RAJAJINAGAR,
BANGALORE
10. SRI RAGHAVENDRACHARI
AGED ABOUT 34 YEARS
C/O. M CHALAPATHI
R/AT: NO. 307, 8TH CROSS, SARASWATHIPURAM
NANDINI LAYOUT, BANGALORE
11. SRI UDAY S NAIK
AGED ABOUT 39 YEARS
R/AT: NO. 78/2K, 13TH CROSS
1ST BLOCK, RAJAJINAGAR
BANGALORE
12. SRI BASAVARAJ BIRADAR
AGED ABOUT 29 YEARS
-84-
R/AT: NO. 669, MARUTHI NILAYA
MUNICIPAL QUARTERS ROAD
SUBASH NAGAR
NELAMANGALA, BANGALORE
13. SRI GOPAL S
AGED ABOUT 35 YEARS
C/O. YUSUF SHARIF
R/AT NO. 22/1 2ND FLOOR
KAVERAPPA LAYOUT
MILLER TANK BUND ROAD
NEAR JAIN HOSPITAL
BANGALORE
14. SHIVAPPA ALAGAWADI
AGED ABOUT 47 YEARS
R/AT H NO. 1, KRISHNAPPA BUILDING
NEAR FATHIMA HEALTH CENTRE
4TH CROSS, 2ND WARD
K G HALLI, BANGALORE
15. MURTHY NAIK K
AGED ABOUT 49 YEARS
R/AT NO. 317, 11TH CROSS, 17TH MAIN ROAD
SWATANTRAYODHANAGAR
MAHALAKSHMIPURAM
LAGGERE BRIDGE, BANGALORE
16. SANTOSH M PATIL
AGED ABOUT 31 YEARS
R/AT: LAKSHIMI NIVAS, RAJENDRA NAGAR
SOLLAPUR ROAD, BIJAPUR
17. DATTATRY MASKI
AGED ABOUT 35 YEARS
C/O. LAKSHMAN MASKI
NEW KUMBAR GALLI, BIJAPUR
18. DUNDAPPA SHANKAR NAIKODI
AGED ABOUT 43 YEARS
R/AT NO. 64/4
KASAGERI STREET, BIJAPUR
19. RAVISHANAKR NAGATHAN
AGED ABOUT 36 YEARS
R/AT SAMRUDHI NILAYA
OPP: SRI MALLIKARJUN ASHRAM
BIJAPUR
-85-
20. PARVEEZ MG
AGED ABOUT 34 YEARS
R/AT NO. 189, GROUND FLOOR
11TH CROSS, DEVARAJ URS LAYOUT
'A' BLOCK DAVANAGERE
21. MAHESH KUMAR MENASINKAI
AGED ABOUT 39 YEARS
S/O SRI V.B.MENASINAKAI
R/AT POST: BELLATTI
SHIRAHATTI TALUK
GADAG DISTRICT
22. PANCHAKSHARI ALAVANDI
AGED ABOUT 30 YEARS
R/AT POST: DAMBAI
MUNDARGI TALUK
DISTRICT GADAG
23. MAHADEVAPPA TALAWAR
AGED ABOUT 30 YEARS
C/O. SHANKARAPPA LAXMAPPA VALMIKI
R/AT: OLD BALAVINAYAK SCHOOL
VAKIL CHAWAL GADAG
24. NINGAPPA F HOSAMANI
AGED ABOUT 47 YEARS
C/O. V F HOSAMANI
R/AT: POST: SHAGOTI,
TQ & DIST: GADAG
25. PRAKASH HULLE
AGED ABOUT 28 YEARS
R/AT: LIG 15
III PHASE BADEPUR COLONY
SEDAM ROAD, GULBARGA
26. AYYALLAPPA S/O. SRI BHEEMAPPA
AGED ABOUT 44 YEARS
R/AT: KANDAKAR POST
YADAGIRI TALUK
DIST: GULBARGA
27. JAGADESH H S
S/O. SUNDAR SWAMY H K
AGED ABOUT 40 YEARS
R/AT: NO 357, BEHIND UDACHALAMBHA TEMPLE
HASSAN, HASSAN DISTRICT
-86-
28. RAGHAVENDRA H V
S/O. VENKATARAMANAIAH H N
R/AT SUSHIL NIVAS
SEETHA VILAS ROAD FORT
HOLENARASIPURA
DIST: HASSAN
29. ANANTHARAMU
S/O. GOVINDARAJU
R/AT: KHB NO. 3/LIG-II
SANTEE MARUR POST
ARAKALGUD TALUK
DIST: HASSAN
30. SMT. AMULYA
AGED ABOUT 32 YEARS
AMULYA NIVAS
NO. 1240, RAKSHINAPURA, HASSAN
DIST: HASSAN
31. SMT. ASHA N R
AGE: 36 YEARS
R/AT: NO. 1553
SALGAME ROAD
SARASWATHIPURAM
OPP SANJIVINI HOSPITAL
HASSAN, HASSAN DISTRICT
32. RAJU BASAPPA ALAGUNDI
AGE: 33 YEARS
R/AT: NO. 10B,
VENKATESH COLONY BENGERI
HUBLI, DIST: DHARWAD
33. SRINIVAS MURTHY G N
AGED ABOUT 33 YEARS
S/O. G P NARAYANASWAMY
R/AT: DALASANUR POST & VILLAGE
SRINIVASAPURA
KOLAR DISTRICT
34. PUTTASWAMY R
AGED ABOUT 40 YEARS
R/AT & VILLAGE RAYASAMUDRA
POST: RAYASMUDRA
K R PET TALUK
DIST: MANDYA
-87-
35. SUBHASH M S
AGE: 33 YEARS
R/AT: N0. 216, 1ST CROSS
4TH MAIN, H BLOCK, R K NAGAR
MYSORE
36. RAGHAVENDRA A R
AGED ABOUT 33 YEARS
R/AT: N0. 1914, 3RD CROSS
14TH MAIN, 2ND STAGE, MYSORE
37. RANGANATH, S/O. RANGAPPA
AGED ABOUT 31 YEARS
R/AT: CHIKKEGOWDANAPALYA
POST: MADIKEHALLI
KOTTAGERI,
TQ: KUNIGAL, DIST: TUMKUR
38. BASAVARAJ K C
S/O. CHANDRASHEKAR K1
AGED ABOUT 41 YEARS
R/AT: BASAVAKRUPA
NO. 22, OPP: UCO BANK
BATAWADI, TUMKUR
39. VIDYA N D/O. L NARASIMHAN
AGED ABOUT 28 YEARS
R/AT: HAMSA NILAYA
BEHIND DEEPAK CABLES
10TH CROSS, VIDYANAGAR, TUMKUR
40. P PRADEEP KUMAR
AGED ABOUT 30 YEARS
R/AT: NO. 258
NEAR KALABYARAVESHWARA TEMPLE
THIMMANAHALLI, C N HALLI
TUMKUR DISTRICT
41. PRAKASH T M S/O. MALATHESAIAH T N
AGED ABOUT 32 YEARS
R/AT: THOSRESURAGONDANAHALLI
HULIYUR POST & HOBLI
DIST: TUMKUR ... RESPONDENTS
(By SRI MADHUSUDAN R NAIK, SENIOR ADVOACATE AS SPECIAL
COUNSEL A/W SRI RAVINDRA D.K, ADVOCATE FOR R1 & R2;
SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL FOR
SRI NITYANANDA V NAIK, ADVOCATE FOR R3; SRI PRAKASH M
-88-
PATIL, ADVOCATE FOR R7 AND R11; SRI SUBBARAO, SENIOR
COUNSEL FOR SRI SATHEESH K.N.ADVOCATE FOR R11; SRI
SHANKAR N BHAT, ADVOCATE FOR R28; SRI S.M.BABU,
ADVOCATE FOR R4,R5, R14, R16,R17 & R22; SRI
C.M.NAGABHUSHAN, ADVOCATE FOR R6 AND R26; SRI H.
KANTHARAJ, ADVOCATE FOR R12; SRI J PRASHANTH, ADVOCTE
FOR M/S RAVIVARMA KUMAR ASSOCIATES FOR R8, R9, R10,
R13, R15, R18, R20, R21, R23 TO R 25, R27, R29 TO R41; SRI
D. RAMDAS, ADVOCATE FOR R3 TO R7, R9 TO R13, R15, R22,
R23, R25 TO R33 & R35-41; SRI GIRISH B.M, ADVOCATE FOR
R19)
W.P.NOS.103593/2014 & 103620-657/2014 ARE FILED
UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO CALL FOR THE RECORDS RELATING THE CONNECTED
WITH AND CONCERNING THE IMPUGNED ORDER DATED 02.03.2010
PASSED BY THE HON'BLE KARNATAKA ADMINISTRATIVE TRIBUNAL,
BANGALORE IN APPLICATION PRODUCED VIDE ANNEXURE-D, AND
TO QUASH THE SAID ORDER AND PROCEEDINGS CULMINATING IN
THE SAME AS ILLEGAL AND UNSUSTAINABLE AND ETC.
THESE WRIT PETITIONS HAVING BEEN HEARD AND
RESERVED ON 30.07.2014 FOR ORDERS AND COMING ON FOR
PRONOUNCEMENT OF ORDERS THIS DAY, H.G.RAMESH J.
DELIVERED THE FOLLOWING:
ORDER
H.G.RAMESH J. :
1. Petitioners in Writ Petition Nos.15002/2011 & 21131-
21146/2011, 16948-16995/2010, 17294-17327/2010, 17481/2010 & 17485-17490/2010 & 17723-17727/2010, 19401/2011 & 21520-21530/2011 & 41905-41908/2010 & 6747-6758/2011 & 908-911/2011 are challenging the order dtd. 25.05.2010 passed by the Karnataka Administrative Tribunal ('the Administrative Tribunal') in Application Nos.182 to 185, 187, 195, 197 to 202 of 2007, quashing -89- the recruitment notification dtd. 18.08.2006 insofar as it relates to recruitment of Motor Vehicles Inspectors and consequently quashing all appointments of Motor Vehicles Inspectors made pursuant thereto.
2. By the aforesaid recruitment Notification, the Karnataka Public Service Commission ('the KPSC') had called for applications for the post of Motor Vehicles Inspectors. The Administrative Tribunal, by the impugned order, has quashed the recruitment notification and the appointments made pursuant thereto on the ground that the recruitment notification did not stipulate one of the minimum qualifications prescribed by the Central Government for the post of Motor Vehicles Inspectors namely, 'work experience of at least one year in a reputed automobile workshop'. This is one of the minimum qualifications prescribed by the Central Government as per the notification dtd. 19th June 1989 in exercise of the power under S.213(4) of the Motor Vehicles Act, 1988 ('the M.V.Act, 1988').
-90-
3. We have heard the learned counsel appearing for the parties and perused the impugned order dtd.25.05.2010. In the light of the contentions urged by the learned counsel, following questions arise for determination in the writ petitions referred to above:
1. Whether the qualifications prescribed for the post of Motor Vehicles Inspectors by the Karnataka General Services (Motor Vehicles Branch)(Recruitment) Rules, 1976 as amended by Government of Karnataka by notification dtd.
24th November 2005 in exercise of the power under sub-sec.(1) of S.3 r/w S.8 of the Karnataka State Civil Services Act, 1978 would override the minimum qualifications prescribed by the Central Government by notification dtd. 19th June 1989 in exercise of the power under S.213(4) of the M.V.Act, 1988?
2. Whether the recruitment notification dtd. 18.08.2006 is illegal, as held by the Administrative Tribunal, on the ground that the qualifications stipulated in the recruitment notification for the post of Motor Vehicles Inspectors did not include one of the minimum qualifications prescribed by the Central Government by notification dtd. 19th June 1989 -91- in exercise of the power under S.213(4) of the M.V.Act, 1988?
3. Whether the qualification of work experience of one year prescribed by the Central Government is impossible of compliance?
4. Whether work experience gained by the appointees after the appointment would cure the illegality, if any, in the appointments made?
5. Whether the appointments, if illegal, could be interfered at this stage?
6. Whether the applicants before the Administrative Tribunal had locus standi to challenge the appointments in question?
4. Learned counsel appearing for the parties, in support of their contentions, relied on the following decisions:
1. State of Bombay vs. F.N.Balsara (AIR (38) 1951 SC 318)
2. Zaverohai vs. State of Bombay (AIR 1954 SC 752)
3. R.M.D.C vs. Union of India (AIR 1957 SC 628)
4. State of Rajasthan vs. G.Chawla (AIR 1959 SC 544)
5. State of Orissa vs. M.A.Tulloch & Co.
(AIR 1964 SC 1284)
6. D.Nagaraj vs. State of Karnataka ((1977) 2 SCC 148) -92-
7. R.S.Joshi vs. Ajit Mills Limited ((1977) 4 SCC 98)
8. Ishwari Khetan Sugar Mills (P) Ltd. vs. State of U.P ((1980) 4 SCC 136)
9. Hoechst Pharmaceuticals Ltd vs. State of Bihar ((1983) 4 SCC 45)
10. Prem Chand Jain vs. R.K.Chhabra ((1984) 2 SCC 302)
11. Om Prakash vs. Akhilesh Kumar ((1986) Supp SCC 285)
12. India Cement Ltd. vs. State of T.N ((1990) 1 SCC 12)
13. H.C.Puttaswamy vs. The Hon'ble Chief Justice of Karnataka High Court ((1991 Supp (2) SCC 421)
14. Dr.M.S.Mudhol and Anr. vs S.D.Halegkar and Ors. (1993 II L.L.J.1159)
15. S.Satyapal Reddy vs. Government of A.P. ((1994) 4 SCC 391)
16. Madan Lal vs. State of J & K ((1995) 3 SCC 486)
17. Council of Scientific & Industrial Research vs. M.V.Sastry ((1997) 7 SCC 494)
18. Union of India vs. P.Sathikumarana nair ((1997) 10 SCC 663)
19. Ashok Kumar Uppal vs. State of J & K ((1998) 4 SCC 179) -93-
20. State of M.P. vs. Dharam Bir ((1998) 6 SCC 165)
21. Dr.Duryodhan Sahu vs. Jitendra Kumar Mishra ((1998) 7 SCC 273)
22. Mangej Singh vs. Union of India ((1998) 9 SCC 471)
23. Buddi Nath Chaudhary vs. Abahi Kumar ((2001) 3 SCC 328)
24. G.N.Nayak vs. Goa University ((2002) 2 SCC 712)
25. Assistant Director of Inspection Investigation vs. A.B.Shanthi ((2002) 6 SCC 259)
26. State of Karnataka vs. K.Srinivasulu (ILR 2003 KAR 4400)
27. Shri Krishna Gyanoday Sugar Ltd. vs. State of Bihar ((2003) 4 SCC 378)
28. Welfare Association vs. Ranjith P.Gohil ((2003) 9 SCC 358)
29. Vijay Syal vs. State of Punjab ((2003) 9 SCC 401)
30. Engineering Kamgar Union vs. M/s. Electro Steels Castings Ltd.
((2004) 6 SCC 36)
31. Hindustan Lever vs. State of Maharastra ((2004) 9 SCC 438)
32. Umrao Singh vs. Punjabi University ((2005) 13 SCC 365) -94-
33. Secretary, State of Karnataka vs. Umadevi ((2006) 4 SCC 1)
34. Ramegowda vs. The State of Karnataka (ILR 2006 KAR 632)
35. State of Kerala vs. Unni ((2007) 2 SCC 365)
36. Greater Bombay Coop. Bank Ltd. vs. United Yarn Tex (P) Ltd.
((2007) 6 SCC 236)
37. Union of India vs. Narendra Singh ((2008) 2 SCC 750)
38. Dhananjay Malik vs. State of Uttaranchal ((2008) 4 SCC 171)
39. Tridip Kumar Dingal vs. State of W.B ((2009) 1 SCC 768)
40. Bondu Ramaswamy vs. Bangalore Development Authority ((2010) 7 SCC 129)
41. M.S.Patil (DR.) vs. Gulbarga University ((2010) 10 SCC 63)
42. Manish Kumar Shahi vs. State of Bihar ((2010) 12 SCC 576)
43. Offshore Holdings (P) Ltd. vs. Bangalore Development Authority ((2011) 3 SCC 139)
44. K.K.Baskaran vs. State ((2011) 3 SCC 793)
45. Lalith Kumar Modi vs. Board of Control for Cricket in India ((2011) 10 SCC 106) -95-
46. Bedanga Talukdar vs. Saifudaullah Khan ((2011) 12 SCC 85)
47. State of Kerala vs. Mar Appraem Kuri Co.Ltd. ((2012) 7 SCC 106)
48. State of Gujrat vs. Arvind Kumar T.Tiwari ((2012) 9 SCC 545)
49. State of U.P vs. Pankaj Kumar Vishnoi ((2013) 11 SCC 178)
50. Basawaraj vs. Land Acquisition Officer ((2013) 14 SCC 81)
51. Vikas Pratap Singh vs. State of Chattisgarh ((2013) 14 SCC 494)
5. We have examined the matter in the light of the above decisions relied on by the learned counsel and proceed to answer the questions formulated above.
6. Re. question Nos.1 & 2: As stated above, the Administrative Tribunal has set aside the Recruitment Notification dtd. 18.08.2006 and also the appointments of Motor Vehicles Inspectors made pursuant thereto on the ground that the recruitment notification did not stipulate one of the minimum qualifications prescribed by the Central Government for the post of Motor Vehicles Inspectors under sub-sec.(4) of S.213 of the M.V.Act, 1988. It also relied on -96- the judgment of the Supreme Court in S.Satyapal Reddy vs. Govt. of A.P. [(1994) 4 SCC 391].
7. The controversy in these writ petitions is, whether quashing of the appointments of Motor Vehicles Inspectors by the Administrative Tribunal by its order dtd. 25th May 2010 on the aforesaid ground is correct in law.
8. The contention urged is that, notwithstanding the qualifications prescribed by the Central Government in exercise of the power under S.213(4) of the M.V.Act, 1988, the State has absolute freedom to prescribe qualifications for the post of Motor Vehicles Inspectors in view of Karnataka State Civil Services Act, 1978, whose subject matter is relatable to Entry 41 in List II (State list) of Seventh Schedule of the Constitution namely, State Public Services. In view of the qualifications prescribed for the post of Motor Vehicles Inspectors by the recruitment Rules framed by Government of Karnataka in exercise of the power under sub-sec.(1) of S.3 r/w S.8 of the Karnataka State Civil Services Act, 1978, it was contended that the minimum qualifications prescribed by the Central -97- Government for the said post in exercise of the power under sub-sec.(4) of S.213 of the M.V.Act, 1988 will not apply to State of Karnataka.
9. It was also contended that Karnataka State Civil Services Act, 1978, having had received the assent of the President, has an overriding effect on S.213(4) of the M.V.Act, 1988 and therefore, the qualifications prescribed by the recruitment rules framed under the State Act would override the qualifications prescribed by the Central Government under S.213(4) of the M.V.Act, 1988.
10. Satyapal Reddy's case [(1994) 4 SCC 391] was sought to be distinguished on the ground that it was rendered in relation to the State of Andhra Pradesh, where the rules prescribing the qualifications was made under the proviso to Article 309 of the Constitution and not under any enactment. Whereas, in Karnataka, the rules prescribing the qualifications are made in exercise of the power under the Karnataka State Civil Services Act, 1978 which Act was assented by the President. Hence, it was contended that Satyapal Reddy (supra) has no application to this case and -98- the qualifications prescribed by the State will prevail over the qualifications prescribed by the Central Government.
11. Before proceeding to examine the aforesaid contentions, it is relevant to refer to the qualifications prescribed by the Central Government and also the State Government. The Notification dtd. 19th June 1989 issued by the Central Government and published in the Gazette of India dtd.19th June 1989, prescribing minimum qualifications for the posts of Inspector of Motor Vehicles or Assistant Inspector of Motor Vehicles reads as follows:--
"MINISTRY OF SURFACE TRANSPORT S.O.443(E).--(Dated June 19, 1989).--In exercise of the powers conferred by sub-section(4) of Section 213 of the Motor Vehicles, Act, 1988 (59 of 1988), the Central Government hereby prescribes that the minimum qualification for the class of officers consisting of the category of Inspector of Motor Vehicles or Assistant Inspector of Motor Vehicles (by whatever names called) shall be as under:--
Qualification:
(1) Minimum general educational qualification of a pass in X standard; and (2) a diploma in Automobile Engineering (3 year course) or a diploma in Mechanical Engineering awarded by the State Board of Technical Education (3 year course); and (3) working experience of at least one year in a reputed automobile workshop which undertakes repairs of both light motor vehicles, heavy goods vehicles and heavy passenger motor vehicles fitted with petrol and diesel engine; and -99- (4) must hold a driving licence authorising him to drive motor cycle, heavy goods vehicles and heavy passenger motor vehicles.
2. Nothing contained in the notification shall apply to an officer appointed to such post before the first day of July, 1989 and to an officer appointed to discharge function of a non-technical nature.
3. This notification shall come into force on the first day of July, 1989."
As could be seen from the above notification, it was issued by the Central Government in exercise of the power under S.213 (4) of the M.V.Act, 1988. It is relevant to refer to sub-secs.(1) & (4) of S. 213 of the M.V.Act, 1988:
"Sec.213. Appointment of motor vehicles officers.--
(1) The State Government may, for the purpose of carrying into effect the provisions of the Act, establish a Motor Vehicles Department and appoint as officers thereof such persons as it thinks fit.
............................................................................... (4) The Central Government may, having regard to the objects of the Act, by notification in the official Gazette, prescribe the minimum qualifications which the said officers or any class thereof shall possess for being appointed as such.
................................................................................." The qualifications prescribed by Government of Karnataka for the post of Motor Vehicles Inspectors under the Karnataka General Services (Motor Vehicles Branch) (Recruitment) Rules, 1976, as amended by notification dtd. -100- 24.11.2005 in exercise of the power conferred by the Karnataka State Civil Services Act, 1978, are as follows:
"(1) Must be holder of diploma in Automobile Engineering of not less than three years course or a diploma in Mechanical Engineering awarded by the State Board of Technical Education or other institution recognized by the Government;
(2) Must hold a current driving licence to drive motor cycle, heavy goods vehicles and heavy passengers motor vehicles; and (3) Must possess following minimum physical standards, namely.--
..........................................................................................."
12. It is not in dispute that the qualifications stipulated in the recruitment notification did not include one of the minimum qualifications namely, work experience of one year in a reputed automobile workshop, prescribed by the Central Government by Notification dtd. 19th June 1989, which came into effect from first day of July, 1989.
13. The contention that notwithstanding S.213(4) of the M.V.Act, 1988, the State has absolute freedom to prescribe qualifications for the post of Motor Vehicles Inspectors because of enumeration of 'State Public Services' in Entry 41 of List II of Seventh Schedule of the Constitution and the corresponding enactment of Karnataka State Civil Services Act, 1978 cannot be accepted in view of the notification dtd. -101- 19.06.1989 issued by the Central Government, prescribing the minimum qualifications for the said post in exercise of the power under sub-sec.(4) of S.213 of the M.V.Act, 1988 and for the following reasons.
14. Sub-sec.(4) of S.213 of the M.V.Act, 1988 may incidentally encroach on the subject matter in Entry 41 of List II namely, State Public Services, but it will not render the sub-section unconstitutional in view of the doctrine of pith and substance.
15. The doctrine of pith and substance means, if an enactment substantially falls within the powers expressly conferred by the Constitution upon the legislature enacting it, it cannot be held to be invalid, merely because it incidentally encroaches on matters assigned to another legislature. In this context, it is relevant to refer to the following observations made by a Five Judge Bench of the Supreme Court in State of Bombay vs. F.N. Balsara (AIR 1951 SC 318):
"(8) ............................................ It is well settled that the validity of an Act is not affected if it incidentally trenches on matters outside the authorised field, & therefore it is necessary to inquire in each case what is the pith and substance of the Act impugned. If -102- the Act, when so viewed, substantially falls within the powers expressly conferred upon the Legislature which enacted it, then it cannot be held to be invalid, merely because it incidentally encroaches on matters which have been assigned to another legislature............................................................"
The following observations made by a three Judge Bench of the Supreme Court in Prem Chand Jain vs. R.K.Chhabra [(1984) 2 SCC 302] are also relevant:
"8. ........................................................................ The legal position is well settled that the entries incorporated in the lists covered by Schedule VII are not powers of legislation but 'fields' of legislation. (Harakchand v. Union of India4). In State of Bihar v. Kameshwar5 this Court has indicated that such entries are mere legislative heads and are of an enabling character. This Court has clearly ruled that the language of the entries should be given the widest scope or amplitude. Navinchandra v. C.I.T.6 Each general word has been asked to be extended to all ancillary or subsidiary matters which can fairly and reasonably be comprehended. (See State of Madras v. Gannon Dunkerley7). It has also been held by this Court in The Check Post Officer v. K.P. Abdulla Bros.8 that an entry confers power upon the legislature to legislate for matters ancillary or incidental, including provision for avoiding the law. As long as the legislation is within the permissible field in pith and substance, objection would not be entertained merely on the ground that while enacting legislation, provision has been made for a matter which though germane for the purpose for which competent legislation is made it covers an aspect beyond it. In a series of decisions this Court has opined that if an enactment substantially falls within the powers expressly conferred by the Constitution upon the legislature enacting it, it cannot be held to be invalid merely because it incidentally encroaches on matters assigned to another legislature. (See -103- State of Karnataka v. Ranganatha Reddy9; K.S.E. Board v. Indian Aluminium Co.10; Subrahmanyam Chettiar v. Mutuswami; Prafulla Kumar Mukherjee v. Bank of Commerce; Ganga Sugar Co. v. State of U.P.). We, therefore, do not accept the submission that the definition of university given in Section 2(f) or the prohibition in Section 23 of the Act are ultra vires the Parliament on the ground that such provisions are beyond its legislative competence.
4. 5.
( AIR 1970 SC 1453, AIR 1952 SC 252, 6. AIR 8. 1955 SC 58, 7. AIR 1958 SC 560, AIR 1971 SC
9. 10.
792, AIR 1978 SC 215, AIR 1976 SC 1031)"
16. When an impugned provision of law appears to touch two different entries in two lists, then the Rule of Pith and Substance helps in characterising the law as belonging to this or that entry. Where the question for determination is whether a particular law relates to a particular subject mentioned in one list or the other, the Courts will look into the substance of the enactment. Thus, if the substance of a parliamentary enactment falls within the Concurrent List (List III), then any incidental encroachment by it on any matter in the State List (List II) would not make it invalid.
The fact of incidental encroachment does not affect the vires of the law even as regards the area of encroachment.
The reason behind the rule of pith and substance is that, if every legislation were to be declared invalid on the ground -104- of any incidental encroachment on any matter not reserved to the said Legislature, then the power of each legislature will be drastically circumscribed to deal effectively with the subjects entrusted to it for legislation.
17. The subject matter of the M.V.Act, 1988 undoubtedly falls under Entry 35 (Mechanically Propelled Vehicles ...) of List III (concurrent list) of Seventh Schedule of the Constitution. The subject of prescribing minimum qualifications under S.213(4) of the M.V.Act, 1988 for Motor Vehicles Inspecting Officers, in pith and substance, also falls under the aforesaid Entry as it is germane to the main matter in the said Entry namely, 'Mechanically Propelled Vehicles', though it incidentally touches upon the matter in Entry 41 of List II namely, State public services. However, this will not render sub-sec.(4) of S.213 of the M.V.Act, 1988 unconstitutional in view of the rule of pith and substance.
18. As Parliament had competence to enact S.213(4) of the M.V.Act, 1988, the State has no power to prescribe qualifications less than the qualifications prescribed by the -105- Central Government under S.213(4) of the M.V.Act, 1988, unless the State Law prescribing the qualifications has received the assent of the President as laid down under Article 254(2) of the Constitution, the assent being subsequent to the enactment of the M.V.Act, 1988.
19. The contention that Karnataka State Civil Services Act, 1978 overrides S.213(4) of the M.V.Act, 1988, in view of the Presidential assent to the Karnataka State Civil Services Act, 1978 is devoid of substance. The President's assent to the Karnataka State Civil Services Act, 1978 was not sought to overcome the effect of S.213(4) of the M.V.Act, 1988 as the M.V.Act, 1988 was not even enacted when the President gave his assent to the Karnataka State Civil Services Act, 1978 on 12th July 1985. Hence, the contention that the qualifications prescribed under the Karnataka General Services (Motor Vehicles Branch) (Recruitment) Rules, 1976 will override the qualifications prescribed by the Central Government by Notification dtd.
19th June 1989 issued in exercise of the power under S.213(4) of the M.V.Act, 1988 cannot be accepted.-106-
20. We may also state that sub-sec.(4A) of Section 5 of the Boilers Act, 1923 is similar to sub-sec.(4) of S.213 of the M.V.Act, 1988, whose subject matter of legislation is also relatable to concurrent list - List III (Entry 37 -
Boilers). The said sub-sec.(4A) reads as follows:
"(4A) No person shall be appointed as the Chief Inspector, Deputy Chief Inspector or Inspector unless he possess such qualifications and experience as may be prescribed by the Central Government."
21. We will now refer to the judgment of the Supreme Court in Satyapal Reddy [(1994) 4 SCC 391]. The following observations made therein are relevant:
"3. Shri K. Madhava Reddy and Shri Gururaja Rao, learned Senior Counsel for the appellants contended that as the Act was made under Entry 35 of List III of the VIIth Schedule to the Constitution read with Article 246 of the Constitution, the Act receives paramountcy and the Central Government alone is competent to prescribe the qualifications as to eligibility for recruitment as Assistant Motor Vehicles Inspectors and the power of the State Government to that extent gets eclipsed and the prescription of qualification of Degree in Mechanical Engineering becomes void since it runs in conflict with the qualifications prescribed by the Central Government. Therefore, the State rules become inapplicable. In support thereof, it was further contended that other State Governments had fallen in line in prescribing the qualification of Diploma in Mechanical Engineering prescribed by the Central Government and the State Government of A.P. had not adopted that course.-107-
Since the State rule is in conflict with the Central rule, the Central rule would prevail over the State rules, by operation of Article 254 of the Constitution.
.............................................................................................
7. ..................................................................................... It is the State Government that operates the provisions of the Act through its officers. Therefore, sub-section (1) of Section 213 gives power to the State Government to create Transport Department and to appoint officers, as it thinks fit. Sub-section (4) thereof also preserves the power. By necessary implication, it also preserves the power to prescribe higher qualification for appointment of officers of the State Government to man the Motor Vehicles Department. What was done by the Central Government was only the prescription of minimum qualifications, leaving the field open to the State Government concerned to prescribe if it finds necessary, higher qualifications. The Governor has been given power under proviso to Article 309 of the Constitution, subject to any law made by the State Legislature, to make rules regulating the recruitment which includes prescription of qualifications for appointment to an office or post under the State.
Since the Transport Department under the Act is constituted by the State Government and the officers appointed to those posts belong to the State service, while appointing its own officers, the State Government as a necessary adjunct is entitled to prescribe qualifications for recruitment or conditions of service. But while so prescribing, the State Government may accept the qualifications or prescribe higher qualification but in no case prescribe any qualification less than the qualifications prescribed by the Central Government under sub-section (4) of Section 213 of the Act. In the latter event, i.e., prescribing lesser qualifications, both the rules cannot operate without colliding with each other. When the rules made by the Central Government under Section 213(4) and the statutory rules made under proviso to Article 309 of the Constitution are construed harmoniously, there is no incompatibility or inconsistency in the operation of both the rules to -108- appoint fit persons to the posts or class of officers of the State Government vis-a-vis the qualifications prescribed by the Central Government under sub- section (4) of Section 213 of the Act.
8. It is seen that A.P. Transport Subordinate Service Rules have been made by the Governor exercising the power under proviso to Article 309 of the Constitution and Rule 6 thereof prescribes the qualifications as enumerated above. Graduation in Mechanical Engineering is one of the higher qualifications than Diploma. Since Section 213(4) gives such power to the State Government by operation of Section 217 of the Act, the statutory rules remain valid and operate in the field without colliding with the Central rules. Both the rules would operate harmoniously and effect can be given to both the rules. Thus the question of inconsistency or repugnancy under Article 254 of the Constitution does not arise. Therefore, we do not find that there is any conflict in the exercise of power by both Central and State Governments or inconsistency in operation of the provisions of the statutory rules made by the Governor under proviso to Article 309 and the rules made by the Central Government under Section 213(4) of the Act. The recruitment as per State rules is valid and legal."
(Emphasis supplied) As could be seen from the above observations, the question of law that fell for consideration before the Supreme Court in Satyapal Reddy was whether the qualifications prescribed by the Central Government will prevail over the qualifications prescribed by the State Government. That was negatived by the Supreme Court by holding that the State Government may accept the qualifications prescribed by the Central Government or prescribe higher qualifications -109- but in no case prescribe any qualification less than the qualifications prescribed by the Central Government under sub-sec.(4) of S.213 of the M.V.Act, 1988.
22. The contention urged in these petitions is that the qualifications prescribed by Government of Karnataka will prevail over the qualifications prescribed by the Central Government. As could be seen from paras 13 to 19 above, we have rejected this contention by examining the matter on first principles as it was contended that Satyapal Reddy (supra) will not apply to this case in view of Karnataka State Civil Services Act, 1978.
23. Re.question No.3: The contention that the qualification of work experience of one year in a reputed automobile workshop prescribed by the Central Government is impossible of compliance cannot be accepted. The submission that there are no reputed workshops in Karnataka is difficult to accept. No material is placed on the record of the case to prove non-availability of work-shops fulfilling the requirement prescribed by the Central Government. Instead, as recorded by the Administrative -110- Tribunal in the impugned order at paras 27 & 28, the requirement of experience was dispensed with by an obscure process during drafting of the recruitment rules. We also find from the Draft Rules notified by Government of Karnataka as per the Notification dtd. 16.05.2011 proposing to amend the Karnataka General Services (Motor Vehicles Branch) (Recruitment) Rules, 1976, that work experience of one year in a reputed automobile workshop is included as one of the qualifications for the post of Motor Vehicles Inspectors. The said draft Rules dtd. 16.05.2011 which is published in the Karnataka Extraordinary Gazette dtd. 16.05.2011, to the extent it is relevant herein, is extracted below:
Draft Rules "1. Title and Commencement :- These rules may be called the Karnataka General Services (Motor Vehicles Branch) (Recruitment) (Amendment) Rules, 2011.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. Amendment of Schedule:- In the schedule to the Karnataka General Services (Motor Vehicles Branch) (Recruitment) Rules, 1976, in the category of post of Motor Vehicles Inspectors, in column 3, the following shall be substituted, namely:-
"For Direct Recruitment:-
(1) Must have passed S.S.L.C or possess equivalent qualification.
(2) Must be holder of a Diploma in Automobile Engineering of three years duration or a Diploma in -111- Mechanical Engineering (three years course) awarded by the State Board of Technical Education; and (3) Must have working experience of not less than one year in a reputed automobile workshop recognized by Government which undertakes repairs of both light and heavy motor vehicles, heavy goods and passengers motor vehicles fitted with petrol and diesel engine.
Note: Reputed automobile workshop means workshop employing not less than 10 persons and registered as per labour laws.
(4) Must be holder of a current driving license to drive motorcycle, heavy goods vehicles and heavy passenger motor vehicles.
(5) Must possess the following minimum physical standards.
................................................................................................"
(Underlining supplied)
24. Re. question Nos.4 & 5: The contention that this Court should not interfere with the appointments at this distance of time as the appointees have gained experience subsequent to their appointment cannot be accepted as the appointments were challenged before the Administrative Tribunal without any delay and the appointments have been set aside by the Administrative Tribunal by the order impugned herein. This Court is only examining as to whether the order of the Administrative Tribunal is correct or not. The appointments cannot be sustained in law as the -112- recruitment notification issued by the KPSC did not prescribe even the minimum qualifications required to be prescribed as per the notification dtd. 19th June 1989 issued by the Central Government. As held by the Supreme Court in M.S. Patil (DR.) vs. Gulbarga University [(2010) 10 SCC 63], persons appointed illegally shall not be permitted to be continued.
25. Re. question No.6: The contention that the applicants before the Administrative Tribunal had no locus standi to challenge the appointments is rightly rejected by the Administrative Tribunal with the following reasoning:
"14. In the present case we had asked the learned advocate for the applicants as to how the applicants could be considered as aggrieved persons when their applications had been rejected for want necessary qualifications like Heavy Goods Driving License, driving license or not fulfilling some educational qualification. The learned counsel for the applicants pointed out that atleast in respect of Sri. Rajesh Kumar, the applicant in A.No.200 of 2007 he had possessed all the qualifications and he had been called for interview. The said candidate was in fact interviewed on 22.2.2008. He submits that in respect of other candidates they possessed requisite driving licences and other qualifications and that it can be shown that they possessed all qualifications. In the statement submitted by the Assistant Secretary, Recruitment Branch, KPSC, it is stated that the applicant in A.No.184 of 2007 though was a candidate for 1997 recruitment process, he had not applied for the posts of motor vehicle inspectors in -113- 2006 and others were not possessing requisite qualifications except the applicant in A.No.200 of 2007 who had qualified for interview.
15. We find that the applicant in A.No.184 of 2007 was a candidate in 1997 and that he had not applied for the post of MVIs in 2006. It indicates that he had possessed the qualifications prescribed for the candidates when the applications were called for in 1997. Since other applicants were candidates for the posts of MVIs and one of them possessed all requisite qualification prescribed in the Notification, they cannot be termed as disgruntled candidates in challenging the recruitment process. Every one of them was interested in being appointed as a motor vehicle inspector. They can not be considered as strangers or busybody or meddlesome interlopers. As regards the applicant in A.No.200 of 2006, he possessed all the qualifications. Therefore, we find that all the candidates are interested in the matter. They are aggrieved persons and have locus standi to maintain the applications."
26. As stated above, the recruitment notification dtd. 18.08.2006 did not stipulate one of the minimum qualifications prescribed by the Central Government in its Notification dtd. 19.06.1989. As discussed above, it was not permissible for the State Government to have prescribed qualifications less than the minimum qualifications prescribed by the Central Government. Hence, the Administrative Tribunal has rightly set aside all the appointments made pursuant to the aforesaid recruitment notification.
-114-
27. For the reasons stated above, we find no error in the order dtd.25.05.2010 passed by the Administrative Tribunal to warrant interference by this Court. Hence, the writ petitions referred to at para 1 above are liable to be dismissed and are accordingly dismissed.
28. In Writ Petition No.24525/2010, the petitioner is challenging the order dtd. 26.05.2010 passed by the Administrative Tribunal in Application No.2360/2008 dismissing the said application as having become infructuous in view of the earlier order of the Administrative Tribunal dtd. 25.05.2010 quashing the recruitment notification dtd. 18.08.2006. As we have confirmed the order dtd. 25.05.2010 passed by the Administrative Tribunal quashing the recruitment notification, this writ petition is also liable to be dismissed and it is accordingly dismissed.
29. In Writ Petition Nos.6842-6880/2010, 8215/2010, 8715/2010 & 8906/2010, 103593/2014 & 103620- 103657/2014, 10106/2010 & 12726-12763/2010, the petitioners are challenging the order dtd. 02.03.2010 -115- passed by the Administrative Tribunal in Application Nos.1212 to 1250/2010. It is relevant to state that the applicants therein were aggrieved as they were not appointed by the Government on the ground that they were not having the minimum height required under the Rules. The Administrative Tribunal allowed the said applications by the aforesaid order dated 02.03.2010 by directing appointment of the applicants as Motor Vehicles Inspectors. The Administrative Tribunal has directed issuance of appointment orders inter alia on the ground that several other candidates who did not even possess the prescribed qualifications have been appointed. It is relevant to refer to the following reasoning of the Administrative Tribunal in the order dtd. 02.03.2010:
"7. It is also seen that in response to the same Notification dated 18.8.2006, some candidates who did not possess the prescribed qualification of Diploma in Automobile Engineering or Mechanical Engineering but who possessed qualification of Diploma in Tool and Dye Making had applied. Their case was not considered and, hence, they also filed Applications before this Tribunal. However, considering their request, the Respondents have issued orders of appointment to them on 22.10.2009.
.............................................................................................
10. From the aforesaid facts it is seen that almost all the selected candidates except the -116- Applicants have been appointed. Even candidates who do not possess the prescribed qualifications have been appointed subject to the result of the Applications pending before this Tribunal. Therefore there is no justification to deny appointment to the applicants. The action of the Respondents in delaying and denying appointments to the Applicants is arbitrary and violative of Articles 14 and 16 of the Constitution of India. The Applicants are also entitled for similar treatment."
(Underlining supplied) The above reasoning of the Administrative Tribunal is erroneous and unsustainable in law. As observed by the Supreme Court in State of Haryana v. Ram Kumar Mann [(1997)3 SCC 321], two wrongs can never make a right, and accordingly, a wrong order of the Government does not confer a right to claim parity or equality. Similarly in Fuljit Kaur v. State of Punjab [(2010)11 SCC 455], it is observed that Article 14 of the Constitution is not meant to perpetuate illegality. A wrong order in favour of one party does not entitle any other party to claim benefit on the basis of such a wrong order.
30. In view of confirmation of the order dtd. 25.05.2010 of the Administrative Tribunal and dismissal of the writ petitions referred to at para 1 above, the order dtd. 02.03.2010 of the Administrative Tribunal passed in the -117- applications referred to at para 29 above directing issuance of appointment orders is liable to be set aside and it is accordingly set aside. The writ petitions referred to at para 29 above, except Writ Petition Nos.10106/2010 and 12726- 12763/2010, are accordingly disposed of. The writ petitions filed by the State in W.P.Nos.10106/2010 and 12726- 12763/2010 are disposed of as withdrawn as sought in the memo dated 17.07.2014. In view of final disposal of all the writ petitions in terms stated above, no order is necessary on the pending interlocutory applications; and they stand disposed of accordingly.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE BNS/hkh.