Karnataka High Court
Ashwin Kumar S/O Shankar Bhandari And ... vs Chief Secretary And Ors on 12 February, 2016
Bench: Aravind Kumar, B.Manohar
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF FEBRUARY 2016
PRESENT
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
AND
THE HON'BLE MR.JUSTICE B.MANOHAR
W.A.NOs.200017-200021/2016
&
W.A.Nos.200023-026/2016 (S-RES)
BETWEEN:
1. ASHWIN KUMAR
S/O SHANKAR BHANDARI
AGE: 30 YEARS
R/O CBI COLONY
KALABURAGI-585 103
2. MAHESH S/O MARLINGAPPA
AGE: 29 YEARS
R/O SHAKTI NAGAR
KALABURAGI-585 103
3. BABU S/O GANGAYYA GUTTEDAR
AGE: 29 YEARS,
R/O BIDDAPUR COLONY
KALABURAGI-585 103
4. GIREESHA S/O KALLAPPA GOWDAR
AGE: 30 YEARS,
2
R/O VEERBHADRAYYA COLONY
KALABURAGI-585 103
5. RAJSHEKAR S/O ANNARAYA
AGE: 31 YEARS,
R/O JAPUR
TQ. DIST: KALABURAGI
6. REVANSIDDAPPA S/O CHANDRAM
AGE: 30 YEARS,
R/O JERTAGI
TQ. JEWARGI
DIST: KALABURAGI
7. SHIVASHARAN S/O SIDRAM
AGE: 30 YEARS,
R/O SUNDAR NAGAR
KALABURAGI- 585105
8. SHARAT KUMAR S/O CHANDRAPPA
AGE: 31 YEARS,
R/O KRISHNA NAGAR,
BEHAND UNIVERSITY KALABURAGI-585 106
9. SIDHARAM S/O RAJSHEKHAR
AGE: 29 YEARS,
R/O PALA
TQ & DIST: KALABURAGI-585 228
...APPELLANTS
(BY SMT SHARADA R. PATIL, ADVOCATE)
AND:
1. CHIEF SECRETARY
GOVT. OF KARNATAKA
M.S. BUILDING
3
BENGALURU-560 001
2. JOINT SECRETARY
HYDERABAD KARNATAKA
SPECIAL CELL DPAR
M.S. BUILDING
BENGALURU-560 001
3. INSPECTOR GENERAL OF POLICE
NORTH EAST REGION
KALABURAGI- 585 102
...RESPONDENTS
(BY SRI R.V. NADAGOUDA, ADDL. ADVOCATE GENERAL)
THESE APPEALS ARE FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT, PRAYING TO SET
ASIDE THE ORDER PASSED IN W.P.NOs.207534-547 &
207581-583/2015 DATED 06.01.2016 AND ALLOW THE
WRIT APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS COMING ON FOR PRELIMINARY
HEARING THIS DAY, ARAVIND KUMAR J., DELIVERED THE
FOLLOWING:
4
JUDGMENT
This intra Court appeal is directed against order passed in W.P.207534-547 and 207581-583/2015 dated 06.01.2016 whereunder writ petition filed by petitioners seeking for quashing of the notifications dated 29.06.2015 Annexure-J and Notification dated 08.10.2015 Annexure-K published by Inspector General of Police, North-East Region, Kalaburagi, Government of Karnataka contending interalia that Clause 13B of Karnataka Public Employment (Reservation in Appointment for Hyderabad-Karnataka Region) Order, 2013 (for short `Order-2013') enables the Governor to provide for age or any other relaxation in the condition of employment for local person in local employment and such age relaxation has not been extended in the impugned notification. Hence, it is contended that petitioners are deprived of employment on account of age relaxation not being extended to them. 5
2. Said writ petition came to be considered by the learned Single Judge and held that Governor having not issued an order providing for age or any other relaxation in the condition of employment for local person in local employment as set out in clause 13B of the `Order- 2013', petitioners cannot claim as a matter of right that it is hit by Article 371J of the Constitution of India or the conditions of `Order- 2013'.
3. Having heard Smt.Sharada R. Patil, learned counsel appearing for petitioners and Sri.R.V.Nadagouda, learned Additional Advocate General appearing for respondents, we are not persuaded to accept the contention canvassed by learned counsel for petitioners inasmuch as Article 371J(2) neither mandates for age relaxation nor clause 13B(a) of `Order- 2013' provides for such relaxation and notification having not been issued relaxing the age of applicants either exercising power under clause 13B(a) 6 of `Order-2013' or any other provision. Petitioners cannot be heard to contend they are entitled for such age relaxation or the Government should extend such relaxation. In that view of the matter, we do not find any error committed by the learned Single Judge in rejecting the petitions. Hence, appeals being devoid of merits they stand rejected.
Sd/-
JUDGE Sd/-
JUDGE SBN