Writ Petition Jurisdiction
SONAPPA
(Querist) 05 September 2010
This query is : Resolved
I Mr. Sonappa appeared for Karnataka Public Service Commission, that is preliminary objective exam-2010. The above said commission published the key answers for the optional paper and asked for objection if any. I found there were 10 questions wrongly answered, I filed the objection for the same but it was not considered. Hence I filed the writ petition (u/a 226)against the wrong key answers in the High court of Karnataka.
My querry is whether the writ petition is sustainable in the High court of Karnataka or it should be filed with Karnataka Administrative Tribulnal? (KAT)
Kiran Kumar
(Expert) 05 September 2010
your writ is absolutely maintainable in High Court. you are not challenging anything due to your service. your matter involves violation of Articles 14 and 16 of Constitution of India and you have no other efficacious remedy rather than approaching the High Court.
SONAPPA
(Querist) 05 September 2010
Thank you sir, but the decision of High court of Karnataka in the judgement of w.p.16431-2006 (S-RES)Court has decided as matters relates to recruitment process and KAT(Karnataka Administrative Tribunal)is the cour ot first instance as far as matters relating to Civil Services are concerned.
Hence pl. advise is my writ maintainable?
Kiran Kumar
(Expert) 05 September 2010
well, m not having the copy of judgment with me, but it will have to be seen whether the jurisdiction of KHC has been removed by way of some specific law or rule.
s.subramanian
(Expert) 05 September 2010
Your writ is maintainable and Mr.Kiran is also right. Obviously the High Court is on the point of alternative remedy being available to you. But such a remedy cannot and will not shut the doors of the High Court to you under Art.226. You can rely on the judgment of the supreme court of india in the appeal filed by the government servants against the order of the tamilnadu government when they were terminated en masse for indulging in strike by the Jayalalitha govt. In that case when the writ was filed before the high court of madras it was dismissed on the ground of alternative remedy before the administrative tribunal. But the sc took a very serious view that the high court ought not to have thrown away such an important matter on the ground of alternative remedy and set aside the said judgment.
Now you are fighting a common cause since the wrong answers are going to injure innumerable candidates who are vying for govt employment.Considering the public interest involved in the matter the high court ought not to have passed on the buck as has been done. You approach the sc since there is valid precedent.
SONAPPA
(Querist) 05 September 2010
Dear Sirs thanks for your valuable views and advise. The writ is coming on board on 6th Sept, I hope as per your views, the honourable court will do the justice.
Kiran Kumar
(Expert) 12 September 2010
Dear Sonappa, what happened with your writ on 06-09-2010?
SONAPPA
(Querist) 13 September 2010
Dear Sir,
High court asked to apply for the same with Karnataka Administrative Tribunal.Hence I widrawan the Writ.
Today I am applying before the KAT.
Thanks and regards,
Sonappa
