Case Note & Summary
The petitioner, Mahalaxmi, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the Karnataka Public Service Commission (KPSC) to allow her to appear for the main examination for Group-A posts at Kalaburagi instead of Bengaluru/Dharwad due to her medical condition. The examination was scheduled to be held from 15.04.2025 to 19.04.2025. The petitioner had applied in response to a 2024 notification for various Group-A and B posts. She submitted that due to her medical condition, she could not travel to the designated centres at Bengaluru or Dharwad. The court heard the learned Senior counsel for the petitioner and the counsel for the respondents. The court noted that the examination was scheduled at Kalaburagi and that the petitioner's medical condition warranted the change. The court allowed the petition and directed KPSC to permit the petitioner to appear for the examination at Kalaburagi. The court also directed that the petitioner be allowed to appear at Kalaburagi and that KPSC should not compel her to travel to other centres.
Headnote
A) Constitutional Law - Writ of Mandamus - Change of Examination Centre - Medical Grounds - Articles 226 and 227 of the Constitution of India - The petitioner sought a writ of mandamus to direct KPSC to allow her to appear for the Group-A main examination at Kalaburagi instead of Bengaluru/Dharwad due to her medical condition. The court, considering the medical condition and the fact that the examination was scheduled at Kalaburagi, allowed the petition and directed KPSC to permit the petitioner to appear at Kalaburagi. (Paras 1-5)
Issue of Consideration
Whether the petitioner, due to her medical condition, is entitled to a writ of mandamus directing the Karnataka Public Service Commission to allow her to appear for the main examination at Kalaburagi instead of Bengaluru/Dharwad.
Final Decision
The court allowed the writ petition and directed the Karnataka Public Service Commission to permit the petitioner to appear for the main examination of Group-A posts at Kalaburagi instead of Bengaluru/Dharwad, considering her medical condition.
Law Points
- Writ of mandamus
- Change of examination centre
- Medical condition
- Right to participate in examination
- Articles 226 and 227 of the Constitution of India
Case Details
2025 LawText (KAR) (04) 74
WP No. 201012 of 2025 (S-RES)
Dr. Justice Chillakur Sumalatha
Sri Skanda Kumar (Senior Counsel for Miss Bhuwaneshwari, Advocate) for petitioner; Sri Krupasagar Patil (for Sri R.J. Bhusare, Advocate) for respondents
The Karnataka Public Service Commission (KPSC) and The Chief Examiner, Karnataka Public Service Commission
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Nature of Litigation
Writ petition seeking a writ of mandamus to direct KPSC to allow the petitioner to appear for the main examination at Kalaburagi due to her medical condition.
Remedy Sought
Petitioner seeks a writ of mandamus directing KPSC to allow her to appear for the main examination at Kalaburagi instead of Bengaluru/Dharwad, and an interim order restraining KPSC from compelling her to travel to designated centres.
Filing Reason
Petitioner's medical condition prevents her from travelling to the designated examination centres at Bengaluru or Dharwad.
Issues
Whether the petitioner is entitled to a writ of mandamus directing KPSC to allow her to appear for the examination at Kalaburagi due to her medical condition.
Submissions/Arguments
Petitioner's counsel submitted that KPSC issued a notification in 2024 inviting applications for Group-A and B posts, and the petitioner applied. Due to her medical condition, she cannot travel to Bengaluru or Dharwad for the main examination scheduled from 15.04.2025 to 19.04.2025. She seeks to appear at Kalaburagi.
Respondents' counsel opposed the petition.
Ratio Decidendi
The court held that the petitioner's medical condition warrants a change of examination centre, and a writ of mandamus can be issued to direct KPSC to allow her to appear at Kalaburagi.
Judgment Excerpts
Heard Sri Skanda Kumar, learned Senior counsel who represents Miss Bhuwaneshwari, learned counsel on record for the writ petitioner as well as Sri Krupasagar Patil, who represents Sri R.J.Bhusare, learned counsel for respondent Nos.1 and 2.
Seeking a writ of mandamus directing Karnataka Public Service Commission to allow the petitioner to appear for the main examination of Group-A posts which are scheduled to be held from 15.04.2025 to 19.04.2025 at Kalaburagi due to her medical condition, this writ petition is filed.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Kalaburagi Bench. The petition came up for orders on 04.04.2025, and after hearing both sides, the court allowed the petition.
Acts & Sections
- Constitution of India: Articles 226, 227
