Case Note & Summary
The appellant, Mr. M. Manju Prasad, filed a writ petition (W.P. No. 17537/2022) before the High Court of Karnataka seeking directions to the respondents, including the State of Karnataka and the Dean-cum-Director of Government Dental College and Research Institute, to fill up back log vacancies either by promotion or selection. The learned Single Judge disposed of the writ petition on 06.06.2023 without granting the substantive relief sought, but permitted the appellant to make a representation to the competent authority. Aggrieved by this order, the appellant preferred the present intra-court appeal under Section 4 of the Karnataka High Court Act. The Division Bench, comprising the Chief Justice and Justice Krishna S Dixit, heard the appeal at the preliminary hearing stage. The appellant argued that the Single Judge should have granted the relief sought. However, the Division Bench observed that the Single Judge had already permitted the appellant to make a representation, and therefore, no interference was warranted with the discretionary order. The appeal was dismissed, and the appellant was left to pursue his remedy by making a representation to the competent authority.
Headnote
A) Service Law - Writ Appeal - Disposal of Writ Petition - Learned Single Judge disposed of writ petition without granting substantive relief but permitted appellant to make representation to competent authority - Held that no interference is warranted with the discretionary order of the Single Judge as the appellant can still pursue his remedy by making a representation (Para 2).
Issue of Consideration
Whether the learned Single Judge erred in disposing of the writ petition without granting substantive relief and whether the appellant is entitled to relief in the writ appeal.
Final Decision
The writ appeal is dismissed. The appellant is permitted to make a representation to the competent authority as already permitted by the Single Judge.
Law Points
- Intra-court appeal
- Writ appeal
- Service law
- Representation to competent authority
- No interference with discretionary order
Case Details
WA No. 797 of 2023 (S-RES)
Prasanna B. Varale, Chief Justice, Krishna S Dixit, Justice
Sri. Swamy N B N., Advocate for appellant; Smt. Niloufer Akbar., AGA for respondents
State of Karnataka, The Commissioner Department of Social Welfare, The Principal Secretary Department of Medical Education, The Dean-cum-Director Government Dental College and Research Institute
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Nature of Litigation
Service matter - Writ appeal against order of Single Judge disposing of writ petition without granting substantive relief.
Remedy Sought
Appellant sought to set aside the order dated 06.06.2023 in W.P. No. 17537/2022 and direct the fourth respondent to fill up back log vacancies by promotion or selection.
Filing Reason
Appellant was aggrieved by the Single Judge's order which did not grant the substantive relief sought in the writ petition.
Previous Decisions
Learned Single Judge disposed of W.P. No. 17537/2022 on 06.06.2023 permitting the appellant to make a representation to the competent authority.
Issues
Whether the Single Judge erred in not granting substantive relief in the writ petition.
Submissions/Arguments
Appellant argued that the Single Judge should have granted the relief sought in the writ petition.
Ratio Decidendi
The Single Judge had already permitted the appellant to make a representation to the competent authority, and therefore, no interference is warranted with the discretionary order. The appellant can still pursue his remedy by making a representation.
Judgment Excerpts
The appellant has preferred this intra court appeal for calling in question a learned Single Judge's order dated 06.06.2023 whereby his W.P.No.17537/2022 (S-RES) came to be disposed off without granting substantive relief as sought for therein.
Of course, the learned Judge has permitted the appellant to make a representation to the competent authority.
Procedural History
Appellant filed W.P. No. 17537/2022 before the High Court of Karnataka. Learned Single Judge disposed of the writ petition on 06.06.2023 without granting substantive relief but permitted appellant to make representation. Appellant filed the present writ appeal under Section 4 of the Karnataka High Court Act on 21.09.2023.
Acts & Sections
- Karnataka High Court Act: Section 4
