The petitioner-Education Society is before this Court

under Article 226 of the Constitution of India praying to

quash

the

communication

bearing

No.PÀgÁ/CeÁ/C§Ä/DAiÉÆÃUÀ/¸ÉêÉ/¹Dgï-105/2012-13 dated 14.11.2014

(Annexure-N) and all further proceedings in complaint

No.130/2012 pending before the 6^th respondent-Commission

(Annexure-T) filed by the 7^th respondent vide Annexure-Q.

2.

Heard learned counsel Sri.M.P.Srikanth for petitioner,

learned AGA for respondents No.1 to 5 and Sri.C.Jagadish,

learned counsel for respondent No.6. Perused the writ

petition papers.

3.

Learned counsel for the petitioner Sri.M.P.Srikanth

submits that 7^th respondent was working in the petitioner-

Institution in pursuance of the appointment order dated

4

19.02.2009. Thereafter, he submitted his resignation which

was accepted. After acceptance of his resignation, on

08.03.2012, 7^th respondent submitted a letter seeking

withdrawal of his resignation. It is stated that the same was

forwarded to 4^th respondent-Deputy Director of Public

Instructions. Thereafter, 7^th respondent filed a complaint

before

the

6^th

respondent-Commission

in

Complaint

No.130/2012, praying to compel the 4^th respondent to

continue the complainant in the post held by him with all

consequential benefits, failing which, initiate appropriate

proceedings as provided under the provisions of the

Karnataka Scheduled Castes, Scheduled Tribes and other

Backward Classes (Reservation of appointment, etc.) Act,

1990 and Rules made thereunder. In pursuance of the

complaint, 6^th respondent took cognizance and issued notice

dated 14.11.2014 to the petitioner (Annexure-N) to appear

before the Commission on 12.12.2014. Annexure-T is the

order sheet of the proceedings before the 6^th respondent-

Commission.

5

4.

Learned counsel Sri.Srikanth would submit that the 6^th

respondent-Commission has no jurisdiction to entertain the

complaint filed by 7^th respondent and the Commission, 6^th

respondent

has

no

adjudicatory

jurisdiction.

The

Commission under Section 8 of the Karnataka Commission

for Scheduled Castes and Scheduled Tribes Act, 2002 (for

short <2002 Act=) has only recommendatory jurisdiction in

terms of Sections 8 and 10 of the Act. The prayer made by 7^th

respondent in his complaint would not be maintainable before

the Commission. If at all, 7^th respondent is aggrieved by the

actions of the petitioner-Institution, it is open for him to avail

remedy under the provisions of Karnataka Education Act,

1983. When a special enactment provides remedy to 7^th

respondent, 7^th respondent could not have approached 6^th

respondent/Commission with a complaint to adjudicate his

dispute with the petitioner-Institution. Learned counsel

places reliance on a decision of this Court disposed of on

31.08.2021 in W.P.No.44313/2016 (J R S VIDYA PEETA v/s

6

THE STATE OF KARNATAKA AND OTHERS) and a decision

of co-ordinate Bench of this Court reported in 2020 SCC

OnLine Kar 4968 in the case of M.B.SIDDALINGASWAMY v/s

STATE OF KARNATAKA, DEPARTMENT OF EDUCATION

(PRIMARY AND SECONDARY), REPRESENTED BY ITS

PRINCIPAL SECRETARY AND OTHERS to contend that the

Commission has no adjudicatory power and no power to

entertain the dispute with regard to service matters. Thus, he

prayed for allowing the writ petition.

5.

Per contra, learned counsel Sri.C.Jagadish appearing

for respondent No.6 submits that the Commission has power

to enquire even with regard to service or employment of

Scheduled Castes and Scheduled Tribes and other related

matters in terms of Rule 10(5) of Karnataka State

Commission for Scheduled Caste and Scheduled Tribes Rules

2012. Further, he submits that the Commission could

enquire into complaint of the 7^th respondent and could make

appropriate recommendation to the State Government to take

7

action against the petitioner-Institution. Thus, he submits

that it is not open for the petitioner to contend that 6^th

respondent has no jurisdiction at all to enquire into the

complaint of the 7^th respondent. Thus, he