Case Note & Summary
The petitioner, Tirupathi, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Kalaburagi Bench, seeking quashing of a recruitment notification dated 24.06.2015 issued by the Deputy Commissioner, Raichur, inviting applications for the post of Village Accountants. The petitioner's grievance was that the notification did not provide reservation for candidates belonging to the Hyderabad-Karnataka Area. During the preliminary hearing, the court inquired whether the petitioner had a statutory remedy under Section 15 of the Administrative Tribunals Act, 1985. The petitioner's counsel answered in the negative, relying on a decision of the same court in Shiv Raj Singh vs. The Addl. Chief Secretary (W.P.No.21735/2012 dated 16.01.2015). The court examined Section 15 of the Act, which confers jurisdiction on the State Administrative Tribunal over service matters of state government employees. The court noted that the recruitment for Village Accountants is a service matter and thus falls within the Tribunal's jurisdiction. Consequently, the court held that the writ petition was not maintainable due to the availability of an alternative remedy. The petition was dismissed, granting the petitioner liberty to approach the State Administrative Tribunal.
Headnote
A) Administrative Law - Alternative Remedy - Maintainability of Writ Petition - Section 15 of Administrative Tribunals Act, 1985 - The petitioner challenged a recruitment notification for Village Accountants on the ground of lack of reservation for Hyderabad-Karnataka Area. The court held that the grievance could be agitated before the State Administrative Tribunal under Section 15 of the Act, and therefore the writ petition was not maintainable. The petition was dismissed with liberty to approach the Tribunal. (Paras 1-4)
Issue of Consideration
Whether the writ petition challenging a recruitment notification for Village Accountants is maintainable when the petitioner has an alternative statutory remedy under Section 15 of the Administrative Tribunals Act, 1985.
Final Decision
The writ petition is dismissed as not maintainable, with liberty to the petitioner to approach the State Administrative Tribunal.
Law Points
- Alternative remedy
- Jurisdiction of State Administrative Tribunal
- Maintainability of writ petition
- Section 15 of Administrative Tribunals Act
- 1985
