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2025 DIGILAW 54 (KAR)

Nagesh S S/o Siddalingalah v. State of Karnataka

2025-05-02

K.SOMASHEKAR, VENKATESH NAIK T.

body2025
ORDER : 1. The petitions in WP No.13646/2025 C/W. WP No.13659/2025, WP No.13669/2025, WP No.13673/2025, WP No.13674/2025, WP No.13700/2025 & WP No.13721/2025 though are listed independently, since common questions of fact and that of law are involved in the petitions, they are heard together and are disposed of by this common order. 2. All these petitions have been filed by the petitioners who are KPSC aspirants, seeking for issuance of a writ of mandamus directing the 2 nd respondent / KPSC to conduct re-examination for the post of Gazetted probationers Group A and Group B for the year 2023-24 and such other prayers. Particularly, petitioners in these petitions are urgently seeking for grant of an interim order directing the Respondent No.2 / KPSC to issue Hall Tickets and to allow the petitioners to appear for the main written examinations commencing from 03.05.2025, for the post of Gazetted Probationers Group A and Group B. 3. Heard the learned counsel Shri Siddappa V.D. for petitioners in W.P.No.13646/2025; the learned counsel Smt. Haleema Ameen for petitioners in W.P.No.13659/2025; the learned counsel Ms. Sharvani T. Gowda for petitioners in W.P.No.13669/2025 and W.P.No.13700/2025; the learned counsel Shri Thilakraj S.V. for petitioners in W.P.No.13673/2025; the learned counsel Shri Prithveesh M.K. for petitioners in W.P.No.13674/2025 and the learned counsel Shri Harish Kumar M.S. for petitioners in W.P.No.13721/2025. Further, we have heard the learned Senior Counsel Shri Reuben Jacob along with the learned counsel Shri Muhammad Shamil for Respondent No.2 / KPSC and the learned AGA Shri B. Ravindranath for Respondent No.1 /State. 4. The facts of the case as stated in the petitions is that, Respondent No.2 / The Karnataka Public Service Commission (‘KPSC’ for brevity), Udyoga Soudha, Bengaluru, had issued a notification inviting applications from eligible candidates for recruitment of Gazetted Probationers, Group A and B, for the year 2023-24. In pursuance of the said notification, petitioners in all these petitions being fully qualified for the post, had submitted their online applications within the stipulated timeframe. Thereafter Respondent No.2 had conducted the Preliminary Examination as on 27.08.2024, wherein petitioners in these petitions had appeared and written the said examination. 5. In pursuance of the said notification, petitioners in all these petitions being fully qualified for the post, had submitted their online applications within the stipulated timeframe. Thereafter Respondent No.2 had conducted the Preliminary Examination as on 27.08.2024, wherein petitioners in these petitions had appeared and written the said examination. 5. However, in view of grave and glaring errors of mistranslation being found in the Question Paper while translating the paper from English version to Kannada version, and the same having been brought to the knowledge of State by the candidates who had taken the examination, the First Respondent / State was compelled to intervene and hence, directed the Respondent No.2 / KPSC to conduct a re-examination. Accordingly, the re- examination was conducted on 29.12.2024. However, in the said examination as well, more than 79 questions in Paper I and II are said to be mistranslated and hence several persons had filed applications before the Karnataka State Administrative Tribunal seeking re- examination in Application No.285-308/2025 and also other cases. Petitioners though did not qualify in the preliminary examination, they have been agitating before Respondent Nos.1 and 2 to hold re-examination. However, the applications filed by several other applicants before the KSAT including Application No.285-308/2025 were disposed of without giving a direction to hold fresh examinations. Hence, the aggrieved applicants had filed writ petitions before this Court in W.P.No.10844/2025 and other connected matters. A co-ordinate Bench of this Court considering the plight of the petitioners has granted an interim order permitted them to participate in the final examination to be held on 03.05.2025. 6. The petitioners in these petitions, have approached this Court seeking for issuance of similar reliefs such as issuance of a writ or direction to set aside the impugned order passed by the KSAT in their respective applications and consequently allow their applications; to issue a writ of mandamus directing the 2 nd respondent to conduct re-examination for the post of Gazetted Probationers Group A and B for the year 2023-24 and other reliefs. They have particularly prayed for grant of an interim prayer seeking for a direction to Respondent No.2 to issue the Hall Tickets to allow the petitioners to appear and write the main examinations commencing from 03.05.2025 for the post of Gazetted Probationers Group A and B and pass such other orders. 7. They have particularly prayed for grant of an interim prayer seeking for a direction to Respondent No.2 to issue the Hall Tickets to allow the petitioners to appear and write the main examinations commencing from 03.05.2025 for the post of Gazetted Probationers Group A and B and pass such other orders. 7. The learned counsel Shri Prithveesh M.K. for petitioners in W.P.No.13674/2025 inclusive of the other respective learned counsel for petitioners, fervently plead this Court for grant of an interim order on the ground that other similarly placed petitioners in W.P.No.9708/2025, W.P.No.10844/2025, W.P.No.14097/2025, W.P.No.14102/2025 and similar such matters, have been permitted by a Co-ordinate Bench of this Court to take up the Main Written examination commencing from 03.05.2025, subject to the outcome of the petitions. Hence, they pray that a similar relief be granted in respect of the petitioners in these petitions as well. It is also stated that petitioners would not plead any equity. 8. However, learned Senior Counsel Shri Reuben Jacob for the KPSC vehemently opposed for grant of any such interim direction on the ground that it would be a Herculean task for the State to get printed Question Papers for all of the petitioners overnight, the examination requiring to be conducted on the very next day. He further submitted that the petitioners even without approaching the Karnataka State Administrative Tribunal (KSAT) in the first instance, have approached this Court by way of writ petitions under Article 226 of the Constitution of India, on which ground alone, the present petitions deserve to be dismissed with a direction to the petitioners to approach the KSAT under Section 19 of the Administrative Tribunals Act, 1985. He hence seeks for dismissal of the petitions. 9. Having heard the submissions made by the learned counsel for both the parties, we are of the view that since a Co-ordinate Bench of this Court has already permitted similarly placed petitioners to take up the main written examination commencing from 03.05.2025, the present petitioners cannot be deprived of such a benefit. Hence, they are required to be granted permission to write the examinations. However, the petitioners ought toapproach the Karnataka State Administrative Tribunal under Section 19 of the Administrative Tribunals Act, 1985 to redress their grievances. 10. Hence, they are required to be granted permission to write the examinations. However, the petitioners ought toapproach the Karnataka State Administrative Tribunal under Section 19 of the Administrative Tribunals Act, 1985 to redress their grievances. 10. Hence, keeping in view the submission of the learned counsel for the petitioners and in view of the orders rendered by the Co-ordinate Bench of this Court, the petitioners are hereby directed to approach the KSAT seeking necessary relief under the service jurisprudence, keeping in view Section 19 of the Administrative Tribunals Act, 1985. Learned Senior Counsel Shri Reuben Jacob for the KPSC submits that some of the matters filed by similarly placed petitioners / applicants which are pending before the KSAT, are listed on 05.05.2025. Therefore, keeping in view the submission of the learned Senior counsel, petitioners are permitted to initiate proceedings before the KSAT keeping in view Section 19 of the Administrative Tribunals Act, 1985. The said applications filed by the petitioners shall be taken up by the KSAT on 05.05.2025 along with such other applications and decided in accordance with law by giving an opportunity of hearing to both the sides. 11. The petitions are disposed of with the above observations. 12. However, keeping in view the submission of the learned counsel for the respective petitioners and the earlier orders rendered by the Co-ordinate Bench, it is deemed appropriate that the petitioners in these matters deserve for grant of interim relief in par with the similarly placed petitioners who have already been granted relief by a Co-ordinate Bench of this Court. 13. In view of the above, the respondent No.2 /KPSC is directed to permit the petitioners in all these petitions, to take up the Main Written Examination scheduled to commence from 03.05.2025, as has been directed in W.P.No.9708/2025 and connected matters. 14. The result of the examinations in respect of the petitioners in these petitions, shall be handed over to this Court in a sealed cover. The results of the petitioners shall not be announced, without the leave of the Court. Further, both the parties shall not plead equity of any kind whatsoever. Ordered accordingly.