Karnataka High Court
Sri Dr Shashi Kumar I B vs State Of Karnataka on 14 December, 2022
Bench: G.Narendar, P.N.Desai
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WP No. 6662 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2022
PRESENT
THE HON'BLE MR JUSTICE G.NARENDAR
AND
THE HON'BLE MR JUSTICE P.N.DESAI
WRIT PETITION NO. 6662 OF 2022 (S-KSAT)
BETWEEN:
1. SRI DR SHASHI KUMAR I B
S/O BASAPPA N
AGED ABOUT 29 YEARS,
O/A NO.22, INGLARANAHALLI
BIRUR POST KADUR TALUK,
CHIKKAMAGALURU DISTRICT-577116
R/AT NO.22, C/O BASAPPA N
INGLARANAHALLI BIRUR POST,
KADUR TALUK
CHIKKAMAGALURU DISTRICT-577116
2. SRI DR SUDHARSHAN K
S/O LATE KORAME GOWDA
AGED ABOUT 26 YEARS,
O/A GANDIAHALLI VILLAGE AT POST,
SRINIVASAPUR TALUK
KOLAR DISTRICT-563126
R/A GANDIHALLI VILLAGE AT POST,
SRINIVASAPUR TAUK
KOLAR DISTRICT-563126
3. SRI DR KRISHNAPRASAD G KOORSE
S/O GANAPATI KOORSE
AGED ABOUT 29 YEARS,
O/A MICRO LABS PVT LTD
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WP No. 6662 of 2022
A-204, QUEENS CORNER APARTMENT
BANGALORE-560001
R/A 95/A2, ANJANEYA ASHRAMA
BANADIKERI ONI, OM BEACH ROAD,
GOKARNA KUMTA-581326
4. SRI DR SATISH ESHWARAPPA SATHYAMMANAVAR
S/O ESHWARAPPA SATHYAMMANAVAR
AGED ABOUT 33 YEARS
O/A 3RD CROSS, SUBHASH NAGAR
HOSAMANE BHADRAVATHI-577301
R/A 3RD CROSS
SUBHASH NAGAR
HOSAMANE BHADRAVATHI-577301
5. SRI DR MANJUNATH K V
S/O VENKATARAMANAPPA
AGED ABOUT 27 YEARS,
O/A DR MANJUNATH K V
KEMBODI V AND P, KOLAR DISTRICT-563103
R/AT MANJUNATH K V
KEMBODI V AND P
KOLAR DISTRICT-563103
6. SRI DR SUHAS P C
S/O P V CHIDANAND REDDY
AGED ABOUT 25 YEARS,
O/A RAGHAVENDRA NILAYA
VEMANA NAGARA 2ND CROSS
NEAR CHELLAKERE TOLLGATE
CHITRADURGA-577501
R/A RAGHAVENDRA NILAYA
VEMANA NAGARA 2ND CROSS
NEAR CHELLAKERE TOLLGATE
DISTRICT CHITRADURGA-577501
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WP No. 6662 of 2022
7. SRI DR MANOJ M
S/O MANJUNATH T
AGED ABOUT 25 YEARS
O/A GODABANAHALK POST
CHITRADURGA TALUK
AND DISTRICT-577555
R/AT DODABANAHAL POST
CHITRADURGA TALUK
AND DISTRICT-577555
8. SRI DR OMKAR M R
S/O RAMAKRISHNE GOWDA M B
AGED ABOUT 24 YEARS
O/A KULLEGOWDA STREET
SALIGAMA K R NAGAR TALUK
DISTRICT MYSORE-571604
R/A KULLEGOWDA STREET
SALIGRAMA K R NAGAR TALUK
DISTRICT MYSORE-571604
9. SRI DR SANTOSHKUMAR V T
S/O VEERAPPA TATTIMANI
AGED ABOUT 28 YEARS
O/A NO.569, POST HEBBALLI
GANGAADHAR MATH ONI
DHARWAD DISTRICT-580112
R/A NO.569, POST HEBBALLI
GANGAADHAR MATH ONI
DHARWAD DISTRICT-580112
10. SRI DR ANIL KUMAR S
S/O SHIVANNA
AGED ABOUT 30 YEARS
O/A NO.33, 2ND CROSS,
SNEHA NAGAR AMRUTH HALLI ROD
BENGALURU-560092
O/A NO.33, 2ND CROSS SNEHANAGAR
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WP No. 6662 of 2022
AMRUTH HALLI ROAD
BENGALURU-560092
11. SRI DR RAKSHITH T S
S/O THIMMARAJU B G
AGED ABOUT 28 YEARS,
O/A BADAKEGUDLU VILLAGE,
BELLARA POST C N HALLY TALUK
TUMKUR DISTRICT-572218
R/A BADAKEGUDLU VILLAGE
BELLARA POST,
C N HALLY TALUK
TUMKUR DISTRICT-572218
12. SRI DR KIRANGOWDA B S
S/O SHANKARALINGE GOWDA B
AGED ABOUT 24 YEARS,
O/A BYADARAHALLI AT POST
BYADARAHALLI-573111
R/A BYAARAHALLI AT POST
BYADARAHALLI-573111
13. SRI DR SACHIN S P
S/O PRASANNA KUMAR S N
AGED ABOUT 28 YEARS
O/A NO.221, WARD NO.9
T B OPPOSITE LAKSHMISH NAGAR KADUR
CHIKKAMAGALURU-577548
R/A NO.221, WARD NO.9
T B OPPOSITE LAKSHMISH NAGAR
KADUR-577548
14. SRI DR SACHIN B S
S/O C SHIVANNA
AGED ABOUT 27 YEARS
O/A BANDAHALLI VILLAGE
KOLUR POST,
CHINUKATTE HOBLI K R NAGAR TALUK
MYSORE DISTRICT-571602
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WP No. 6662 of 2022
R/A BANDAHALLI VILLAGE,
KOLUR POST CHINUKATTE HOBLI
K R NAGAR TALUK
MYSORE DISTRICT-571602
15. SRI DR SAMRUDH M C
S/O M T CHANDRASHEKAR
AGED ABOUT 27 YEARS
O/A NO.3640, 1ST FLOOR, KSRTC DEPOT
ROAD CHURCH EXTENSION,
CHITRADURGA DISTRICT-577501
R/A NO.3640, 1T FLOOR, KSRTC DEPOT
ROAD CHURCH EXTENSION
CHITRADURGA DISTRICT-577501
16. SRI DR SANDESH K V
S/O VENKATESH K N
AGED ABOUT 28 YEARS
O/A A - COLONY KARKUCHI POST,
LAKKAVALLI HOBLI
TARIEKRE TALUK
CHIKKAMAGALURU DISTRICT-577144
R/A A-COLONY KARKUCHI POST
LAKKAVALLI HOBLI,
TARIKERE TALUK
CHIKKAMAGALURU DISTRICT-577144
17. SRI DR KARTHIK S
S/O SHIVKUMAR C
AGED ABOUT 27 YEARS,
O/A RAJAKALLAHALLY VILLAGE AND POST,
TALUK AND DISTRICT KOLAR-563101
R/A RAJAKALLAHALLY VILLAGE AND POST,
TALUK AND DISTRICT KOLAR-563101
18. SRI DR RAMESH KANKAWADI
S/O SHIVABASAPPA
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WP No. 6662 of 2022
AGED ABOUT 31 YEARS
O/A KANKANWADI TOTA
MUDALAGI TALUK
BELGAUM DISTRICT-591312
R/A MUDALAGI TLAUK
BELGAUM DISTICT-591312
19. SRI DR M SACHIN
S/O MAHADEVASWAMY
AGED ABOUT 25 YEARS
O/A BIDARAKOTE POST
TALUK MADDUR
DISTRICT MANDYA-571425
R/A BIDARAKOTE POST TALUK MADDUR
DISTRICT MANDYA-571425
20. SRI DR UDAY KUMAR K R
S/O RAJAKOPALA K C
AGED ABOUT 26 YEARS,
O/A KITHANDUR VILLAGE AT THOTHY POST,
TALUK AND DISTRICT KOLAR-563101
R/A KITHANDUR VILALGE AT THOTHY POST,
TALUK AND DISTRICT KOLAR-573101
21. SRI DR YOGEESH C R
S/O RAMALINGAIAH C B
AGED ABOUT 25 YEARS
O/A NO.490/B, VIDYA NAGAR 1ST CROSS,
BEHIND GOVERNMENT PU COLLEGE
CHIKKANAYAKANAHALLI
TUMKUR DISTRICT-572214
R/AT NO.490/B, VIDYA NAGAR,
1ST CROSS, BEHIND GOVERNMENT PU COLELGE
CHIKKANAYAKANAHALLI
TUMKUR DISTRICT-572214
22. SRI DINESH M B
S/O BASAVANAGOWDA M S
AGED ABOUT 28 YEARS,
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WP No. 6662 of 2022
O/A CENTRAL ANIMAL FACILITY
IISC MATHIKERE BANGALORE DISTRICT-560012
R/A NO.1, 3RD MAIN,
VIJAYANAGARA
SHIVAMOGGA DISTRICT-579201
23. SRI D R RAJAMOHANA GOWDA K C
S/O CHANGALARAYA GOWDA B
AGED ABOUT 33 YEARS,
O/A NO.5, KONDENAHALLI VILLAGE,
H GOLLAHALLI POST MULBAGAL TALUK
KOLAR DISTRICT-563131
R/AT NO.5, KONDENAHALLI VILLAGE,
H GOLLAHALLI POST MULBAGAL TALUK
KOALR DISTRICT-563131
24. SRI DR PRASHANT DODDAMANI
S/O CHANDRASHEKAR DODDAMANI
AGED ABOUT 28 YEARS,
O/A NEERALAGI M ADUR
KUNDAR POST,
HANAGAL TALUK,
HAVERI DISTRICT-581202
R/A NEERALAGI M ADUR KUNDAR POST,
HANAGAL TALUK
HAVERI DISTRICT-581202
25. SRI DR N MANJUNATH
S/O G NAGENDRAPPA
AGED ABOUT 27 YEARS,
O/A V V NAGAR, HIRIYUR TLAUK
CHITRADURGA DISTRICT-577599
R/A V V NAGAR HIRIYUR TALUK
CHITRADURGA DISTRICT-577599
26. SRI DR CHIRANJEEVI R
S/O RANGANATH R
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WP No. 6662 of 2022
AGED ABOUT 25 YEARS,
O/A NO.58, KAMADHENU BOYS HOSTEL,
VETERINARY COLLEGE CAMPUS HEBBAL
BANGALORE DISTRICT-560024
R/A SHREE RANGA NILAYA III MAIN,
II CROSS,
SHANTHI NAGAR,
TUMKUR DISTRICT-57002
27. SRI DR AMITH M R
S/O RAGHAVENDRA SHETTY
AGED ABOUT 24 YEARS,
O/A NO.301, DEEKSHA HOMES
SUBBAIAH GARDEN, SAI PARADISE
BELAGERE ROAD VARTHUR
BENGALURU DISTRICT-560087
R/A NO.301, DEEKSHA HOMES
SUBBAIAH GARDEN, SAI PARADISE
BELAGERE ROAD, VARTHUR
BENGALURU DISTRICT-560087
28. SRI DR THEJASVI B M
S/O MAHENDRA B B
AGED ABOUT 26 YEARS,
O/A BEECHENAHALLI POST
HOLENARASIPURA TALUK
HASSAN DISTRICT-573211
R/A BEECHENAHALLI POST,
HOLENARASIPURA TALUK
HASSAN DISTRICT-573211
29. SRI DR RAKSHITH K
S/O KEMPARAJU
AGED ABOUT 28 YEARS,
O/A SRIDHARA NILAYA
TYAGARAJA COLONY, N M ROAD,
OPPOSITE LALBAHADDUR THEATRE
PANDAVAPURA-571434
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WP No. 6662 of 2022
R/A SRIDHARA NILAYA
TYAGARAJA COLONY
N M ROAD,
OPPOSITE LALBAHADDUR THEATRE
PANDAVAPURA-571434
30. SRI DR BHARATH KUMAR N
S/O NARASHIMHAIAH
AGED ABOUT 28 YEARS,
O/A EWS 25 AND 26 KFIB COLONY
KUNIGAL-572130
R/A EWS 25 AND 26 KFIB COLONY
KUNIGAL-572130
31. SRI DR KUMARASWAMY P
S/O PANCHAKSHARI
AGED ABOUT 29 YEARS
O/A LIFELINE FEEDS (INDIA) PVT LTD
CHIKKAMAGALURU DISTRICT-577101
R/A MUTTAYA LAYOUT PERIYAPATNA MYSORE
DISTRICT-571107
32. SRI VARUN S N
S/O NAGARJUNA S
AGED ABOUT 27 YEARS,
O/A NEAR SHIVANARADAMUNI TEMPLE,
SRINGERE CHITRADURGA DISTRICT-577541
R/A NEAR SHIVANARADAMUNI TEMPLE
SRINGERI
CHITRADURGA DISTRICT-577541
33. SMT DR NITHYASHREE N
C/O NARASHIMA MURTHY
AGED ABOUT 27 YEARS,
O/A CHIKKANAHALLI POST,
SIRA TALUK
TUMKUR DISTRICT-572125
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WP No. 6662 of 2022
R/A CHIKKANAHALLI POST
SIR ATALUK
TUMKUR DITRICT-572125
34. SRI DR SHARATH K M
S/O MANOHAR K U
AGED ABOUT 28 YEARS
O/A NO.435, THARUR STORE CROSS
5TH MAIN ROAD, HOOTGALLI
MYSORE DISTRICT-570017
NO.435, THARUR STORE CROSS
5TH MAIN ROAD,
HOOTGALLI
MYSORE DISTRICT-570017
35. SRI DR CHANDAN PATIL
S/O DEVENDRAPPA
AGED ABOUT 28 YEARS,
O/A SHIVACHIDAMBARA NAGARA,
NEAR ROTARY COLLEGE,
RANIBENNUR DISTRICT-581115
R/A SHIVACHIDAMBARA NAGARA,
NEAR ROTARY COLLEGE,
RANIBENNUR DISTRICT-581115
36. SRI DR SACHIN H JAGADAL
S/O HALAPPA
AGED ABOUT 25 YEAS
O/A KESARAGOPPA POST,
MUDHOL TALUK
BAGALAKOTE DISTRICT-587312
R/A KESARAGOPPA POST,
MUDHOL TALUK
BAGALAKOTE DISTRICT-587312
37. SRI DR ABHILASH H R
S/O RAMESH H M
AGED ABOUT 30 YEARS,
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WP No. 6662 of 2022
O/O NO.7, NATIONAL RECYCLER'S IND PVT LTD ITI
COLLEGE ROAD
SHEGEHALLI VILLAGE ROAD
YARAPPE IND AREA MAGADI MAIN ROAD
BENGALURU NORTH
R/A 413/1 IST CROSS KH NAGAR
MADDUR TOWN
MANDYA DISTRICT-571428
38. SRI DR AVINASH BHIRADE
S/O BALAKRISHNA BHIRDE
AGED ABOUT 25 YEARS,
O/O KOLLOL VILLAGE AND POST CHIKODI
TALUK AND BELAGAVI DIST-591244
R/A KALLOL VILLAGE POST TALUK CHIKODI
BELAGAVI-591244
39. SRI DR LIKITH M G
S/O LATE GOAVINDA GOWDA
AGED ABOUT 24 YEARS
O/A NO.151 SRI VENKATESHWARA NIYALA
NEAR SRI RANGA ITI COLLEGE,
HEMAVATHI NAGAR,
HASSAN-573201
R/AT NO.151,
SRI VENKATESHWARA NILAYA
SRI RANGA ITI COLLEGE HEMAVATHI NAGAR,
HASSAN-573201
40. SRI DR SRUJAN GOWDA J
S/O JAYASHANKAR
AGED ABOUT 31 YEARS
O/A NO.114, V V PURAM ROAD,
YATHAGADNAHALLI ROAD,
THAVARAGERE EXTENSION,
MANDYA CITY MANDYA DISTRICT-571401
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WP No. 6662 of 2022
R/A NO.114, V V PURAM ROAD
YATHAGADHAHALLI ROAD
THAVARAGERE EXTENSION
MANDYA CITY
MANDYA DISTRICT-571401
41. SRI DR KIRAN H J
S/O JAYARAMA D
AGED ABOUT 27 YEARS
O/A NO.858, NEAR GRAMABARATHI SCHOOL
HEMAVATHI EXTENSION,
KR PETE MANDYA DISTRICT-577133
R/A NO.858, NEAR GRAMABARATHI SCHOOL
HEMAVATHI EXTENSION,
KR PETE MANDYA DISTRICT-577133
42. SRI DR HARISH P
S/O PUTTARAMASWAMY B T
AGED ABOUT 28 YEARS,
O/A GAVIRANGANATHA SWAMI NILAYA
NES EXTENSION
BEHIND GOVT HOSPITAL
HOSADURGA-577527
R/A GAVIRANGANATHA SWAMI NILAYA
NES EXTENSION
BEHIND GOVT HOSPITAL
HOSADURGA-577527
43. SRI DR NISCHAL N BENKIPUR
S/O NANJUNDAPPA H B
AGED ABOUT 25 YEARS
O/A NO.15 SHIVGIRI COLONY
PIPE LINE ROAD. BELAGAVI-591108
R/A NO.15 SHIVGIRI COLONY
PIPE LINE ROAD
BELAGAVI-591108
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WP No. 6662 of 2022
44. SRI DR SUNIL C L
S/O LAXMAN REDDY
AGED ABOUT 27 YEARS,
O/A DEPARTMENT OF SURGERY AND RADIOLOGY
VETERNIRY COLLEGE HEBBAL
BENGALURU-560024
R/A NO.78 CHEEMANAHALLI VILLAGE,
IMAREDDIHALLI POST CHINTAMANI TALUK
CHIKKABALLAPURA DIST-563146
45. SRI DR DEEPAK JOSHI
S/O BRIG SRIKANTH JOSHI
AGED ABOUT 26 YEARS
O/A NO.G/7/10 PLATINUM CITY
YESHWANTHPUR
BENGALURU-560022
R/A NO.G/7/10 PLATINUM CITY
YESHWANTHPUR
BENGALURU-560022
46. SRI DR SANDESH S
S/O NAGENDRAPPA S M
AGED ABOUT 26 YEARS,
O/A NO.225, C/O NAVEENA S
KANDAGAL POST
DAVANAGERE DISTRICT-577514
R/A NO.225, C/O NAVEENA S
KANDAGAL POST
DAVANAGERE DISTRICT-577514
47. SRI DR PRADEEP B BALAGE
S/O RAMACHANDRA BALAGE
AGED ABOUT 29 YEARS,
O/A NO.871/3, PRASHANTH NILAYA
SANGAMESHWARA COLONY
GYANGBOWDI VIJAYAPURA-5816101
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WP No. 6662 of 2022
R/A NO.871/3, PRASHANTH NILAYA
SANGAMESHWARA COLONY
GYANGBOWDI VIJAYAPURA-5816101
48. SRI DR AVINASH K R
S/O RAVI C, AGED ABOUT 25 YEARS,
O/A NO.13, KAVERI NAGAR,
2ND STAGE, MANDYA DISTRICT-571401
R/A NO.13, KAVERI NAGAR,
2ND STAGE, MANDYA DISTRICT-571401
49. DR PRASANNA P M
S/O MADEGOWDA D
AGED ABOUT 27 YEARS,
O/A P HALLI KADIYALA POST
SRIRANGAPATTANA TALUK
MANDYA DISTRICT-571415
R/A P HALLI KADIYALA POST
SRIRANGAPATTANA TALUK
MANDYA DISTRICT-571415
50. SRI DR HOMBEGOWDA G P
S/O PUTTASWAMY GOWDA G H
AGED ABOUT 27 YEARS
O/A GANGAVADI VILLAGE
HONAKERE HOBLI, G MALLIGERE POST,
NAGAMANGALA TALUK
MANDYA DISTRICT-571416
R/A GANGAVADI VILLAGE
HONAKERE HOBLI
G MALLIGERE POST,
NAGAMANGALA TALUK
MANDYA DISTRICT-571416
...PETITIONERS
(BY SRI. V. LAKSHMINARAYANA, SENIOR ADVOCATE FOR SMT.
ANUSHA L., ADVOCATE)
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WP No. 6662 of 2022
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF ANIMAL HUSBANDRY AND
VETERINARY SERVICES
NO.405, 4TH FLOOR, VIKASA SOUDHA
BENGALURU
KARNATAKA-560001
2. JOINT SECRETARY TO GOVERNMENT
ANIMAL HUSBANDRY AND FISHERIES DEPARTMENT
VIKAS SOUDHA
BENGALURU-560001
3. SELECTION COMMITTEE
REPRESENTED BY ITS MEMBER SECRETARY
THE JOINT DIRECTOR (ADMINISTRATION)
COMMISSIONERATE OF ANIMAL HUSBANDRY AND
VETERINARY SCIENCE
2ND FLOOR, PASHUPALANA BHAVANA
OPPOSITE TO CBI OFFICE
BELLARY ROAD, HEBBAL
BENGALURU-560024
4. STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY
ROOM NO.320, 3RD FLOOR,
VIDHANASOUDHA
BENGALURU-560001
...RESPONDENTS
(BY SRI. R. SUBRAMANYA, AAG A/W SMT. SHILPA S. GOGI, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO a)ISSUE A
WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED
22/03/2022 PASSED BY THE KARNATAKA ADMINISTRATIVE
TRIBUNAL AT BANGALORE IN APPLICATION NOS .952-1001/2022
(ANNEXURE-A), DISMISSING IA NO.2 AND 3, AND CONSEQUENTLY
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WP No. 6662 of 2022
STAY THE GOVERNMENT NOTIFICATION DATED 08/03/2022 AND
STAY ALL THE FURTHER PROCEEDINGS IN FURTHERANCE TO
GOVERNMENT ORDER DATED 08/03/2022 AND ALSO ALLOW
INTERIM APPLICATION NO.2 FILED FOR AMENDMENT OF PRAYER
TO CHALLENGE GOVERNMENT NOTIFICATION DATED 08/03/2022
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
G. NARENDAR J., MADE THE FOLLOWING:
ORDER
Heard the learned Senior Counsel Sri. V. Lakshminarayana and learned AGA.
2. The instant writ petition arises out of common Interlocutory Order passed by the Karnataka State Appellate Tribunal (hereinafter referred to as 'Tribunal' for short) whereby it was pleased to reject I.A.No.2 and 3 by its order dated 22.03.2022 preferred in Application No.952-1001/2022.
3. I.A.No.2 is preferred under Order VI Rule 17 read with 151 of CPC praying thereby to permit the appellants to amend the application insofar as it relates to the prayer column and incorporate an additional prayer which reads as under:
"Issue a writ of certiorari to quash the Government Order dated 08.03.2022 (Annexure A21) and consequently, stay
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all further proceedings in furtherance to the Government Order dated 08.03.2022."
4. Consequential to the prayer I.A.No.3 has been made i.e., praying for staying the further proceedings pursuant to Government Order dated 08.03.2022.
5. On perusal of the impugned order it is seen that no reasons are forthcoming for disallowing I.A.No.2 application for amendment. The only reason is that there is a delay in seeking the relief i.e., though the application was filed on 03.03.2022 to quash the rules notified on 25.02.2022 and only a writ of mandamus having been sought they could not have come up with the application on 14.03.2022 i.e., a delay of 11 days in preferring the interlocutory application from the date of filing of the main application.
6. The amendment is necessitated by the Government Order dated 08.03.2022, admittedly which is post the filing of the main application on 03.03.2022. In fact this date is found in the prayer i.e., sought to be inserted in the application. In a sense, the application is moved on account of a development
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WP No. 6662 of 2022that has occurred subsequent to the filing of the main application. If that be so, we are unable to comprehend as to how the applicants could have foreseen and preferred an application in anticipation of the passing of the Government Order. The application is moved within five days of the Government Order dated 08.03.2022 and admittedly it is a subsequent development and which relief is material for complete adjudication of the main application. In that view, the reasoning of the tribunal is contrary to facts and settled law and hence does to appeal to us and is sustainable.
7. With regard to I.A.No.3, the tribunal has reasoned that question of considering the interim prayer to stay further proceedings pursuant to the Government Order dated 08.03.2022 is not maintainable, as in its opinion the conducting of the exam, fixing of the date or other qualification, mode of selection etc., are within the domain of the employer. The case of the applicants/petitioners herein is not questioning the right of the employer, insofar as, the aspects of selection mentioned above. The case of the
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WP No. 6662 of 2022applicants is that the said actions have to be performed in consonance with the rules and that the proposed selections are contrary to rules framed by the State and on that ground the challenge is mounted. In the order, rejecting the prayer for interim relief, the tribunal has presumed, if stay is granted, more hardship would be caused to respondents than to the applicants. We do not see any basis for the assumption and it is pertinent to note that the said order has been passed even without hearing the other side, much less, without the other side pleading any hardship. The tribunal has in the order impugned noted as under:
"What the relief they have sought in the main applications it shall be answered only after appearance of the respondents and also after receipt of the objections statement and to give proper findings on all the grounds mentioned in the application. On examination of the entire bulky records and number of annexures, all these things shall be answered only after full-fledged arguments."
8. From the above what we can safely infer is that the tribunal has prima facie concluded that the matter requires consideration and that the hearings have to be concluded after
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WP No. 6662 of 2022notifying the respondents and after affording them an opportunity of hearing and also an opportunity to place their statement before the Court.
9. In other words, the tribunal was of the opinion that matter required consideration. If that was the opinion framed by the tribunal then it could not have summarily rejected the I.A.No.2 or I.A.No.3 without even having the say of the respondents. The tribunal has completely lost sight of the fact that the interlocutory application for amendment has been necessitated by developments post filing of the application and the interlocutory application for stay has also been provoked according to the applicants, by the Government Order dated 08.03.2022 which came to be issued, post the filing of the application. This fact has been completely lost sight off by the tribunal. In that view of the matter, the orders on I.A.Nos.2 and 3 are unsustainable and accordingly, orders are set aside. Matter involves a serious issue question of law. It is not the right of the respondents to make selections that is in issue, but the manner in which it has to be done is the issue, that is,
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WP No. 6662 of 2022before the tribunal. In fact this Court while hearing the writ petition as on 31.03.2022 passed detailed order after hearing both sides.
"Per contra, learned Additional Advocate General would submit that Special Rules have been framed in order to meet the exigencies that have arisen in the Department and that the framing of Special Rules does not require placing of the same before the Cabinet. It is further contended that the Tribunal has not rejected the case of the petitioners and has merely stated that the matter requires to be concluded after a full fledged hearing."
Further on 21.06.2022 it was also assured to the Court that the respondents would not present a fate accompli.
10. Be that as it may. As the issue relates to appointments we are of the considered opinion that such applications are required to be dealt with on priority and the matter cannot be left to chance, to be heard and considered in its usual course. As it is not only the livelihood of hundreds of people which is at stake but smooth functioning of the administration is also at stake. In that view of the matter we deem it appropriate to direct the tribunal to hear and dispose of applications expeditiously and at any rate hearing shall be completed and applications be disposed off on or
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WP No. 6662 of 2022before 31.01.2023. The I.A.Nos.2 and 3 are remitted back to the tribunal. Parties shall maintain status-quo.
11. It is made clear that the observations made herein above and the observations of this Division Bench in the orders/daily orders are not to be construed as pronouncements on the merits of the application and all contentions are left open to be independently considered and disposed off by the tribunal.
The tribunal shall ensure that no adjournments are granted.
Sd/-
JUDGE Sd/-
JUDGE BVK