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2023 Supreme(Kar) 14

ANANT RAMANATH HEGDE
Ameena Afroj D/O Shaik Altaf – Appellant
Versus
State Of Karnataka Rep. By Udder Secretary Dept. Of Primary And Secondary Education – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri K.M.Ghate, Advocate
For the Respondent: Sri Shivakumar R. Tengli, AGA, Sri Sudhirsingh R. Vijapur, Dsgi

ORDER :

Whether the challenge to the decision, classifying the petitioner as a General Merit candidate, rejecting the petitioner’s claim to be under category 2B/KAHK, for selection to the post of a government school teacher, is outside the jurisdiction of the Tribunal constituted under the Administrative Tribunals Act, 1985?.

2. The question referred to above has arisen as the decision of the Deputy Director of Public Instructions, Raichur is under challenge in this writ petition under Article 226 of the Constitution of India.

3. Contending that the Tribunal lacks the jurisdiction to consider the question raised above, and justifying the challenge in this writ petition before this court, Sri. K.M. Ghate, the learned counsel for the petitioner made the following submissions.

    a) The issue, in this case, is pertaining to the petitioner’s caste and income and the same is outside the purview of the Administrative Tribunal (for short 'Tribunal'). This issue has to be considered only by this Court in the exercise of power under Article 226 of the Constitution of India.

b) Assuming that the Tribunal has got the jurisdiction to deal with this matter under Section 15 of the Act, the alternative r

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