Karnataka High Court
WP/27805/2023 of MR. HARISH KUMAR M Vs THE STATE OF KARNATAKA on 7 September 2026
CNR: KAHC010654772023 NC: 2026:KHC:48361-DB WP No. 27805 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 27805 OF 2023 (S-KSAT) BETWEEN:
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 27805 OF 2023 (S-KSAT)
BETWEEN:
MR. HARISH KUMAR M.,
S/O MURTHY R,
AGED ABOUT 43 YEARS,
R/AT SRI KRISHNA NILAYA,
NEW EXTENSION,
DEVARAYAPATNA,
TUMAKURU-572104.
…PETITIONER
(BY SRI. VICTOR MANOHARAN S., ADV.)
AND:
1.
THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF EDUCATION,
(PRE- UNIVERSITY EDUCATION),
M.S. BUILDING,
BENGALURU-560001.
2.
THE DIRECTOR
PRE-UNIVERSITY EDUCATION DEPARTMENT,
MALLESHWARAM 18TH CROSS,
BENGALURU-560012.
3.
THE COMMISSIONER
PUBLIC INSTRUCTION DEPARTMENT,
CENTRAL DOCUMENT DEPOT,
Digitally signed by
NANJUNDACHARI
Location: High
Court of Karnataka
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CENTRAL JUNIOR COLLEGE PREMISES,
K.G.ROAD, BENGALURU-560002.
…RESPONDENTS
(BY SRI. SANTHOSHRAJ C. DESHMUKH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN
THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED
31/03/2023 PASSED IN APPLICATION NO.3331/2022 BY THE
KARNATAKA
STATE
ADMINISTRATIVE
TRIBUNAL,
BENGALURU,
PRODUCED AT ANNEXURE-A; B) IN CONSEQUENCE GRANT THE
RELIEF AS PRAYED FOR IN APPLICATION NO.3331/2022 BEFORE THE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU, BY
ALLOWING THIS WRIT PETITION AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S.G.PANDIT
AND
HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Unsuccessful applicant before the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’) in Application No.3331/2022 is before this Court aggrieved by order dated 31.03.2023 whereunder the petitioner’s prayer to quash Annexure-A11 – endorsement dated 20.06.2022, wherein he is communicated that as no additional list was published, his case for appointment as
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Lecturer in English in government Pre-University College cannot be considered.
2. Heard learned counsel Sri.Victor Manoharan.S., for petitioner and learned Additional Government Advocate Sri.Santhoshraj C. Deshmukh for respondent Nos.1 to 3. Perused the entire writ petition papers.
3. It is seen that by Notification dated 13.04.2012 (Annexure-A1), respondent No.3 called applications to fill up the posts of Lecturer in Pre-University Colleges in various subjects. The petitioner is said to have applied for the said post. The grievance of the petitioner is that his name is not found in the provisional list or final select list. It is submitted that, the respondent-authorities have not published additional list as required under the Karnataka General Services (pre-University Education Department) (Recruitment to the Cadre of Lecturers of Government Pre- University Colleges) (Special) Rules, 2011 (for short, ‘2011 Rules’).
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4. Learned counsel Sri.Victor Manoharan.S., submits that 2011 Rules requires publication of additional list to an extent of 10% of the notified vacancies. Learned counsel submits that the respondents failed to publish additional list as required under Sub-Rule (3) of Rule 7 of 2011 Rules.
5. However, the petitioner approached the Tribunal by filing Application only in the year 2022. There is delay of more than seven years in approaching the Tribunal. In the matter of selection and recruitment, even a short delay would affect the selected candidates. As such, on the ground of delay of seven years which is not explained, at this stage, we decline to entertain the writ petition. The Tribunal, however referring to its earlier order dated 03.02.2017 in Application Nos.5303-5313/205 has dismissed the Application of the petitioner.
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6. We do not find any error or illegality in the order passed by the Tribunal. Accordingly, writ petition stands dismissed.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE
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