Sri. Shantinath Nashipudi S/O Ningappa v. The State of Karnataka

NC:(2025:KHC-D:14964-DB( WP(No.(101260(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA,(AT(DHARWAD( TH DATED(THIS(THE(4 (DAY(OF(NOVEMBER,(2025( PRESENT( THE(HON'BLE(MR.(JUSTICE(S(G(PANDIT( (AND(( (THE(HON'BLE(MRS(JUSTICE(GEETHA(K.B.(

WRIT,PETITION,NO.101260,OF,2025,(S-KAT),

BETWEEN:((

SRI.,SHANTINATH,NASHIPUDI,S/O,NINGAPPA, AGE.,39,YEARS,,OCC.,NIL,, R/O.,GUDAS,,HUKKERI,TALUK,,, BELAGAVI,DISTRICT,591310., …PETITIONER, (BY,SRI.,S.S.,CHALAWADI,,ADVOCATE), , AND:(

1., THE,STATE,OF,KARNATAKA,, ND TH 2 ,GATE,,6 ,FLOOR,,, R/BY.,ITS,PRINCIPAL,SECRETARY,, DEPARTMENT,OF,SCHOOL,EDUCATION,&,LITERACY,, M.S.,BUILDING,,DR.,AMBEDKAR,VEEDHI,,BENGALURU,01.,

,

2., THE,DIVISIONAL,SECRETARY,, SECONDARY,EDUCATION,EXAMINATION,BOARD,, EX-OFFICIO,JOINT,DIRECTOR,OF,PUBLIC,INSTRUCTIONS,, VISHAL EDUCATION,DEPARTMENT,,, NINGAPPA PATTIHAL BELAGAVI,DIVISION,,BELAGAVI-01., Digital ytisignedtiby VISHAL0NINGAPPA PATTIHAL Location:0HIGH0COURT OF0KARNATAKA , DHARWAD0BENCH

3., THE,SPECIAL,OFFICER,, CENTRALIZED,ADMISSION,CELL,, K.G.,ROAD,,OPP.,CAUVERY,BHAVAN,, OLD,JUNIOR,COLLEGE,CAMPUS,,BENGALURU,560002., …RESPONDENTS, (BY,SRI.,G.K.,HIREGOUDAR,,PRL.,GOVERNMENT,ADVOCATE), , , THIS,WRIT,PETITION,IS,FILED,UNDER,ARTICLES,226,AND,227,OF, THE, CONSTITUTION, OF, INDIA,, PRAYING, TO, ISSUE, AN, APPROPRIATE, WRIT,,ORDER,OR,DIRECTION,IN,THE,NATURE,OF,CERTIORARI,QUASHING, THE, IMPUGNED, ORDER, DATED, 06.11.2024, IN, APPLICATION, NO.11215/2023, PASSED, BY, THE, HON'BLE, KARNATAKA, STATE, ADMINISTRATIVE, TRIBUNAL,, BELAGAVI, VIDE, ANNEXURE-B, AND, CONSEQUENTLY,ALLOW,THE,APPLICATION,&,ETC.,

THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT)

The unsuccessful applicant before the Tribunal1 is before this Court questioning the order dated 6.11.2024 passed in Application No.11215/2023 by the Tribunal, whereunder the petitioner's prayer for issuance of a writ of mandamus to consider his representation dated 17.3.2023 submitted on 18.3.2023 (Annexure-A9) pertaining to the selection to the post of Physical Education Teacher (Grade-I) in the year 2012-13 is rejected.

¶2Heard the learned counsel for the petitioner and learned AGA for respondents No.1 to 3. Perused the entire writ petition papers.

¶3It is stated that on 2.4.2012, respondent No.2 issued notification inviting application from the eligible

1 Karnataka State Administrative Tribunal, Belagavi

candidates to fill-up the post of Secondary School Assistant Master Grade-II and Physical Education Teacher Grade-I in Belagavi Division. The selection process was complete by publication of final select list and issuing the appointment letter to the selected candidates in the year 2013. Admittedly, for the reason best known to the petitioner, he was not selected for the post of Physical Education Teacher Grade-I. The petitioner is stated to have submitted representation dated 17.3.2023 to the respondents to consider his case for appointment. As the respondents failed to consider his representation, the petitioner was before the Tribunal in the above stated application.

¶4Learned counsel for the petitioner urges several grounds, but we are not inclined to entertain the writ petition, since the petition/application and the petitioner's prayer suffers from delay of more than 10 years in approaching the Tribunal with regard to selection and appointment as Physical Education Teacher Grade-I.

¶5An aggrieved person shall approach the Court/Tribunal within a reasonable time. The selected and appointed candidates, by lapse of time, acquired vested right in the post, to which they are appointed. By lapse of time, the settled position cannot be unsettled. In the instant case, the selection, which has attained finality by way of appointment in the year 2013, cannot be disturbed at this length of time.

¶6For the reasons recorded above, the writ petition stands rejected. Pending applications, if any, are disposed of as not surviving for consideration.

Sd/- (S G PANDIT) JUDGE

Sd/- (GEETHA K.B.) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 18