Ganesh S and Navami H.R. V. Union of India and The Principal Chief Commissioner of Income Tax Karnataka and Goa and Kushagra Rawat and Ravind A and Navdeep and Pooja Dandu and Vishnuvardhan Goup P and Punith N and Omkar Iswar Shinde and Harsheel Alpesh Dani and Jarmanpreet Singh and Ashwini Bhat. K and Shikha Rajesh Gautam and Rangali Ravi and Soumyashree Das and Aparna Ray and Sonia Sharma and Akshay Sangram Kadam and Farhaan M and Nikitha S.V. and Kartik Kuber Chavre and D Silva Shilton Sydney and Thimanna P L and Sarthak Bhambr and Abhishek Gowda C.R. and Bharti Srikrushna Fulmalil and Himmat Singh and Shubhang Hegde and Shravan Yadav and Priyanka S and Kodi Venkata Sasikanth and Dubey Saurabh Rajendraprasad and Rashanpreet Kaur and Nithin B and Parab Heramb Pandharinath and Yogesh Kanderiya and Shubh Goel and Abitha Mary Manuel and Tanush Karunakara Kotian and Hemalini N and Sumit Chaudhary and Rohit G More and Usha and Gayathry Shivakumar and Pratyanshu Tomar and Manoj B M and Surya Prakash Banjara and Nishchal Dega and Jimna Abraham and Shivaji K and Sharath Soman and Pranam Gowda Y M and Priyanka Parihar and Nachappa I R and Prashanth Kalinga and Deepa Sharma and Kevin Koshy and Shield A.P and Sankaliya Vishalbhai Chaturbhai and Prem Singh Rajpurohit and Saketh S and Sneha S.S and Manya.K.M and Vidhi Ameeth Shah and Aarathi.S V and Soumili Das and Ravi Kumar.T and Amreen and Vedhalakshmi D.K and Shinde Neha Hemant and Rahul Veeresh Nagavat and Prabhavathi.P.S and Swathini.M

WP/18107/2023

AI Insights

The case involves a writ petition filed by Ganesh S and Navami H.R. against the Union of India and other respondents, challenging the recruitment process for various posts such as Inspector of Income Tax, Tax Assistant, and Multi Tasking Staff, which were filled based on merit as sports persons. The petitioners contested the memorandum listing the selected candidates, arguing that the selection process was flawed. However, the High Court of Karnataka dismissed the petition, directing the petitioners to the Central Administrative Tribunal, emphasizing that matters concerning recruitment to these posts are under the jurisdiction of the CAT.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 803782 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 07-09-2023
• Assessment Year: misc
• Laws Referred To: Article 227 of the Constitution of India
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: VINAY VENUGOPAL
• Assessee Lawyers: SANATHKUMAR K
• Keywords: Central Administrative Tribunal; Multi-Tasking Staff; Recruitment; Tax assistant; Writ petition; Sports person; Inspector of Income Tax

Judgement Text

" - 1 - NC: 2023:KHC:32233 WP No. 18107 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2023 BEFORE THE HON’BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 18107 OF 2023 (S-RES) BETWEEN: 1. GANESH S S/O TEJA BOVI AGED ABOUT 32 YEARS R/AT KARGADDE SHANKATTU, AMPER POST KUNDAPURA TALUK, AMPER UDUPI - 576 211. 2. NAVAMI H.R. D/O RAMEGOWDA H.N. AGED ABOUT 28 YEARS, R/AT HALUVALLI VILLAGE MALALUR, CHIKMAGALUR - 577 133. …PETITIONERS (BY SRI. SANATHKUMAR SHETTY K., ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE FINANCE MINISTRY NEW DELHI - 110 002. 2. THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX KARNATAKA AND GOA C.R. BUILDING QUEENS ROAD, BENGALURU - 560001. 3. KUSHAGRA RAWAT FATHER NAME NOT KNOWN Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2023:KHC:32233 WP No. 18107 of 2023 AGED ABOUT 31 YEARS R/AT CHOWRANGEE LANE NEW DELHI - 110 024. 4. RAVIND A FATHERS NAME NOT KNOWN AGED ABOUT 32 YEARS, R/AT TEYNAMPET CHENNAI - 600 018. 5. NAVDEEP S/O DALBIR SINGH BUANA AGED 33 YEARS, R/AT LAKHU, PANIPATH HARYANA - 132103. 6. POOJA DANDU D/O DAMODAR DANU AGED ABOUT 32 YEARS HYDERABAD TELANGANA - 500 001. 7. VISHNUVARDHAN GOUP P S/O PANDURANGA AGED 32 YEARS R/AT AMBERPET, HYDERABAD TELANGANA - 500 001. 8. PUNITH N S/O NAGARAJU AGED ABOUT 33 YEARS, R/AT NEAR NATIONAL HIGH SCHOOL CHAMARAJAPET, BENGALURU - 560018. 9. OMKAR ISWAR SHINDE S/O PARAMESHWAR SHINDE AGED ABOUT 34 YEARS R/AT NO.5, SHREERAM APARTMENTS KONKANWADI, AURANGABAD MAHARASHTRA - 431 001. 10. HARSHEEL ALPESH DANI - 3 - NC: 2023:KHC:32233 WP No. 18107 of 2023 S/O HAREESH AGED ABOUT 33 YEARS R/AT BEHIND THAKUR COLLEGE KANDIVALI, MUMBAI - 400 067 11. JARMANPREET SINGH S/O PREM SINGH AGED ABOUT 32 YEARS, R/AT B1, E14, MOHAN COOPERATIVE SOCIETY MATHURA ROAD NEW DELHI - 110 044. 12. ASHWINI BHAT. K D/O KRISHNARAJ BHAT AGED ABOUT 33 YEARS R/AT SULLIA DAKSHINA KANNADA - 574 239 13. SHIKHA RAJESH GAUTAM D/O RAJESH GAUTAM AGED ABOUT 33 YEARS R/AT E1, E14, MOHAN COOPERATIVE SOCIETY MATHURA ROAD, NEW DELHI - 110 044. 14. RANGALI RAVI S/O RAVI, AGED ABOUT 34 YEARS R/AT VIJAYAWADA GOLLAPUDI, KRISHNA ANDHRA PRADESH – 521225. 15. SOUMYASHREE DAS D/O GURUKIRAN DAS AGED ABOUT 32 YEARS R/AT NEAR NATIONAL INSTITUTE OF TECHNOLOGY, DURGAPUR DURGAPUR, WEST BENGAL – 713209. 16. APARNA RAY D/O SUNDAR RAY AGED ABOUT 30 YEARS - 4 - NC: 2023:KHC:32233 WP No. 18107 of 2023 R/AT OPP. NATIONAL INSTITUTE OF TECHNOLOGY, DURGAPUR DURGAPUR, WEST BENGAL - 713 209. 17. SONIA SHARMA D/O SURESH SHARMA AGED ABOUT 31 YEARS, R/AT HAZRATGANJ M.G.MARG, LUCKNOW UTTAR PRADESH - 226 001. 18. AKSHAY SANGRAM KADAM S/O SANGRAM KADAM AGED ABOUT 32 YEARS R/AT FLAT NO.10 KUDALE PATIL TOWERS, S.NO.30 NEAR ANANDNAGAR TELEPHONE EXCHANGE SINHGAS ROAD, VADGAON BK. PUNE MAHARASHTRA - 411 051. 19. FARHAAN M D/O MEHABOOB LETHIF AGED ABOUT 34 YEARS R/AT DR. B.A. CHOWK PUNE EAST CITY PUNE - 411 001. 20. NIKITHA S.V. D/O S.VENUGOPAL AGED ABOUT 34 YEARS R/AT DEREBAIL MANGALURU - 575 001. 21. KARTIK KUBER CHAVRE, S/O KRISHNA CHAVRE, AGED ABOUT 34 YEARS, R/AT OPP NASIK HEAD POST OFFICE NASIK, MAHARASHTRA-422 001. 22. D SILVA SHILTON SYDNEY D/O AGED ABOUT 33 YEARS, - 5 - NC: 2023:KHC:32233 WP No. 18107 of 2023 R/AT NEAR SPORTS CLUB KOZHIKODE, KERALA - 673 001. 23. THIMMANNA P L S/O PRAMESHWARAPPA AGED ABOUT 34 YEARS R/AT NO.35, NEAR SILK REELING FACTORY RAMANAGARA - 562 161. 24. SARTHAK BHAMBRI S/O SANTHOSH BAHMBRI AGED ABOUT 35 YEARS, R/AT NEAR HEAD POST OFFICE JINTUR, BAMBRI – 431509. 25. ABHISHEK GOWDA C.R. S/O RAMACHANDRE GOWDA AGED ABOUT 31 YEARS R/AT NO.72, 5TH CROSS, 5TH MAIN, S.R.NAGAR, BENGALURU - 560027. 26. BHARTI SRRIKRUSHNA FULMALIL S/O KRUSHNA FULMALI AGED ABOUT 32 YEARS R/AT NEAR VIDYA VIHAR NAGAPUR, MAHARASHTRA - 440 001. 27. HIMMAT SINGH S/O BALVINDER SINGH AGED ABOUT 33 YEARS, R/AT BLOCK-A, BASANT AVENUE LUDHIANA EAST, PUNJAB - 141013. 28. SHUBHANG S HEGDE S/O SANTHOSH HEGDE, AGED ABOUT 33 YEARS, R/AT HLIYALA UTTARA KANNADA - 581 329 29. SHRAVAN YADAV - 6 - NC: 2023:KHC:32233 WP No. 18107 of 2023 S/O VENUGOPAL YADAV AGED ABOUT 32 YEARS R/AT HASTINGS AVE, AZAD NAGAR, NAWABGANJ KANPUR, UTTAR PRADESH - 208 002. 30. PRIYANKA S D/O SOMASHEKAR AGED ABOUT 32 YEARS R/AT TRUNK ROAD, CUMBU GOPAL NAGAR. ONGOLE ANDHRA PRADESH - 523 225 31. KODI VENKATA SASIKANTH S/O VENKATA SASIKANTH AGED ABOUT 33 YEARS R/AT NEAR TENYNAMPET POST OFFICE CHENNAI - 600 018, TAMIL NADU. 32. DUBEY SAURABH RAJENDRAPRASAD S/O SHASHIKANTH PRASAD AGED ABOUT 33 YEARS R/AT VILLAGE AND POST IAS COLONY, KIDWAIPURI P.S. S.K.NAGAR DIST-PATNA-800 001. 33. RASHANPREET KAUR D/O BILVINDER SINGH AGED ABOUT 33 YEARS R/AT GOLDEN TEMPLE ROAD ATTA MANDI, KATRA AHULUWALIA AMRITSAR, AMRITSAR CANTT, PUNJAB- 143006. 34. NITHIN B S/O BASAVARAJAPPA AGED ABOUT 32 YEARS R/AT NEAR SREE RAGAHVENDRA SWAMY MATH BHAVANI NAGAR HUBLI – 580023. 35. PARAB HERAMB PANDHARINATH - 7 - NC: 2023:KHC:32233 WP No. 18107 of 2023 S/O PANDARINATH AGED ABOUT 34 YEARS R/AT NO 155 A, JABE COMPLEX GALA NO 06, RAILWAY LINE DUFFERIN CHOWK, SOLARPUR, MAHARASHTRA – 413002. 36. YOGESH KANDERIYA S/O BHARATH BHUSHAN AGED ABOUT 31 YEARS R/AT NO.18, NEAR NATIONAL SPORTS STADIUM, MADHYA PRADESH - 480001. 37. SHUBH GOEL S/O SUBHASH GOEL AGED ABOUT 32 YEARS R/AT A- 125, BLOCK B SHARDA PURI, RAMESH NAGAR, NEW DELHI - 110015. 38. ABITHA MARY MANUEL D/O EBENEZER MANUEL AGED ABOUT 33 YEARS R/AT ADAVIRAM PUDUPADI, KOZIKODE KERALA – 673586. 39. TANUSH KARUNAKAR KOTIAN S/O VISHWANATH KOTIAN AGED ABOUT 34 YEARS R/AT TEMPLE CAR STREET SRI KRISHNA TEMPLE COMPLEX, THENKPETE, MARUTHI VEETHIKA UDUPI - 576101. 40. HEMALINI N D/O DEVARAJA AGED ABOUT 32 YEARS, NO 304, B T S ROAD, SUDHAMANAGAR, BENGALURU - 560027. 41. SUMIT CHAUDHARY S/O CHANDRA CHAUDHARY - 8 - NC: 2023:KHC:32233 WP No. 18107 of 2023 AGED ABOUT 34 YEARS R/AT CANAL ROAD, RANIHAT COLONY, CUTTACK ODISHA - 753007. 42. ROHIT G MORE AGED ABOUT 33 YEARS S/O KIRAN MORE R/AT SHRINATH COMPLEX SAHKAR NAGAR, SHREYA NAGAR NEAR BANK OF BARODA AURANGABAD MAHARASHTRA - 431001. 43. USHA D/O JANARDHANA, AGED ABOUT 30 YEARS, R/AT NEAR USHA MULLAPUDI, CARDIAC CENTER HOSPITAL, GAJULARAMARAM ROAD, JEEDIMETLA IN HYDERABAD, TELANGANA-500055. 44. GAYATHRY SHIVAKUMAR D/O SANTHOSH, AGED ABOUT 32 YEARS, R/AT PLOT NO.9 AND 10, NEW GAYATHRI NAGAR, RAOD NO.6, JILLELAGUDA, NEAR SBH BANK, JILLELAGUDA, HYDERABAD-500079. 45. PRATYANSHU TOMAR S/O PREETHAM TOMAR, AGED ABOUT 33 YEARS, R/AT NO.237, NEAR ASHWINI ELECTRO WORLD, HARIJINDER NAGAR, KANPUR, UTTAR PRADESH-208007. 46. MANOJ B M S/O BHASKAR, AGED ABOUT 32 YEARS, - 9 - NC: 2023:KHC:32233 WP No. 18107 of 2023 R/AT NO.422, 2ND CROSS, OPP. VISHNU GARDEN HOTEL, R T NAGAR MAIN ROAD, RT NAGAR, BENGALURU-560032. 47. SURYA PRAKASH BANJARA S/O SATHYAPRAKASH BANJARA, AGED ABOUT 33 YEARS, R/AT COMMERCIAL COMPLEX, AT S NO.41E, PLOT NO.9, SOLAPUR ROAD, NEAR BLDE MAIN ENTRANCE, ADJACENT TO HOTEL, SHUBSHREE SAGAR, BIJAPUR-586103. 48. NISHCHAL DEGA S/O SRINATH DEGA, AGED ABOUT 34 YEARS, R/AT NEAR NATIONAL INSTITUTE OF TECHNOLOGY, SECTOR 1, ROURKEL, ODISHA-769008. 49. JIMNA ABRAHAM D/O JACOB ABRAHAM, AGED ABOUT 32 YEARS, R/AT 1/774, NEAR ABRAHAM AND CO., NAPIER ROAD, ERNAKULAM, COCHIN, KERALA-682001. 50. SHIVAJI K S/O KUMARESH GIDDE, AGED ABOUT 35 YEARS, R/AT NEAR SHIVAJI UNIVERSITY, VIDYA NAGAR, KOLHAPUR, MAHARASHTRA-416004. 51. SHARATH SOMANNA K P S/O SANTHOSH SOMANNA, AGED ABOUT 34 YEARS, R/AT MAIN ROAD, SOMAWARPET TALUK, KODAGU DISTRICT-571236. - 10 - NC: 2023:KHC:32233 WP No. 18107 of 2023 52. PRANAM GOWDA Y M S/O PRASHANTH GOWDA, AGED ABOUT 31 YEARS, R/AT NO.223, NEAR CHITRA KALA PARISHATH, CRESCENT ROAD, SESHADRIPURAM, BENGALURU-560001. 53. PRIYANKA PARIHAR D/O PRAKASH PARIHAR AGED ABOUT 34 YEARS, R/AT NO. 118/68 MAHARANA PRATAP RAOD, ZONE-II MAHARANA PARTAP NAGAR, BHOPAL MADHYA PRADESH-462016. 54. NACHAPPA I R, S/O AITHAPPA, AGED ABOUT 34 YEARS, R/AT RAGHU NIVAS MALABAR ROAD, VIRAJPET KODAGU-571218. 55. PRASHANTH KALINGA S/O RAGHUNATH KALINGA AGED ABOUT 35 YEARS, R/AT NEAR KALINGA INDUSTRIAL COMPLEX, JAKHAPURA, DUBURI, JAIPUR ROAD, ORISS-755026. 56. DEEPA SHARMA D/O SANTHOSH SHARMA AGED ABOUT 32 YEARS, R/AT NO. 529/253, BARGAWAN L D A CONLONY, KANPUR ROAD LUCKNOW, UTTAR PRADESH-226 012. 57. KEVIN KOSHY S/O DEEPAK KOSHY AGED ABOUT 35 Y EARS, R/AT BLOCK NO. 28 S.D. A COMPLEX, KASUMPTI SHIMLA, HIMACHAL PARDESH-171 009. - 11 - NC: 2023:KHC:32233 WP No. 18107 of 2023 58. SHIELDA A.P D/O JOHN VERGESE, AGED ABOUT 32 YEARS, R/AT 1ST FLOOR, CROSS ROADS AVENUE, EASTERN EXPRESS BYPASS FATORDA-MARGAO, GOA-403602. 59. SANKALIYA VISHALBHAI CHATURBHAI S/O SHIREESH YADAV AGED ABOUT 34 YEARS, R/AT PLOT NO. 58/59/6 BLOCK, D-II MIDC, ATLAS AUTOMOTIVE COMPOUND C-383, SECTOR-10, NOIDA UTTAR PRADESH-110025. 60. PREM SINGH RAJPUROHIT S/O GOVIND SIGH AGED ABOUT R/AT NEAR MUNI MAYA, RAM JAIN MARG OPPOSITE TV TOWER GURU GOVIND SINGH COLLEGE PITAMPURA, NEW DELHI-110034. 61. SAKETH S S/O SATHOSH AGED ABOUT 33 YEARS, R/AT NO. 65, GURUDWARA ROAD, NEB SARAI, BLOCK J SAKET NEW DELHI-110017. 62. SNEHA S.S S/O SANJEEVI AGED ABOUT 35 YEARS, R/AT PALACE ORCHARDS NEAR CAUVERY THEATRE PALACE ROAD, BENGALURU-560003. 63. MANYA.K.M, D/O KUMARESH AGED ABOUT 32 YEARS, R/AT NEAR B.D.A. COMPLEX, - 12 - NC: 2023:KHC:32233 WP No. 18107 of 2023 KORAMANAGLA BENGALURU - 560 034. 64. VIDHI AMEET SHAH D/O AMARESH SHAH AGED ABOUT 31 YEARS, R/AT NEAR REETI WELLNESS CARE SHOP NO. 241, SUNDARAM COMPLEX 03 GURMEET NAGAR, INDORE MADHYA PRADESH - 452 001. 65. AARATHI.S V D/O SRINIVASALU AGED ABOUT 32 YEARS, R/AT NEAR S.V. ARTS COLLEGE CHITTOR, ANDHRA PRADESH - 517 502. 66. SOUMILI DAS D/OCHITTARANJAN DAS AGED ABOUT 33 YEARS, R/AT NEAR ASHUTHOSH COLLEGE NO.92, SHYAMA PRASAD MUKHERJEE ROAD, JATIN DAS PARK, PATUAPARA BHOWANIPORE, KOLKATA WEST BENGAL - 700 026. 67. RAVI KUMAR.T S/O TUKARAM AGED ABOUT 34 YEARS, R/AT NO. 199, 2ND CROSS, 12TH MAIN ROAD, K.H.B. COLONY, BASAVESHWARA NAGAR BENGALURU - 560 079. 68. AMREEN D/O MOHAMAD MUSTAFA AGED ABOUT 35 YEARS, R/AT D.NO. 17-1-322 NEAR DARGHA HAZRATH BRAHENNA SHAH SAHAB OWAISI NAGAR, HASNABAD - 13 - NC: 2023:KHC:32233 WP No. 18107 of 2023 SANTOSH NAGAR, HYDERABAD TELANGANA - 500 059. 69. VEDHALAKSHMI D.K D/O DHANARAJ AGED ABOUT 34 YEARS, R/AT D.NO. 7,30, R.C. ROAD NEAR H.P GAS GODOWN NEAR PUBC SHUTTLE COURT SUBBAIAH COLONY, AVILALA TIRUPATI ANDHRA PRADESH - 517 507 70. SHINDE NEHA HEMANT D/O HEMANT KUMAR AGED ABOUT 32 YEARS, R/AT FLAT NO. 204, A-4 BUILDING ADITYA SHAGUN BHAVDHAN, PUNE - 411 021 71. RAHUL VEERESH NAGAVAT S/O VEERESH NAGAVAT AGED ABOUT 33 YEARS, R/AT NO. 98, JAYWANT NAGAR, OMKAR NAGAR, NAGPUR MAHARSHTRA - 440 027. 72. PRABHAVATHI.P.S D/O PAMPAPATHI AGED ABOUT 33 YEARS, R/AT NO. 16, PATRICK COMPLEX, 7/21, G.S.T. ROAD NEAR PALLAVARA SIGNAL, PALLAVARAM CHENNAI - 600 043. 73. SWATHINI.M, D/O MANOHAR AGED ABOUT 32 YEARS, R/AT D N. 13-8-207, OPP. APSRTC GUNTUR ANDHRA PRADESH - 522 001. …RESPONDENTS (BY SRI. VINAY VENUGOPAL., ADVOCATE FOR R-1 & R-2; VIDE ORDER DATED 18.08.2023 NOTICE TO R-3 TO R-73 IS DEFERRED) - 14 - NC: 2023:KHC:32233 WP No. 18107 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-QUASH THE PURPORTED LIST NO.F.NO.205(9)/SPORTS/2022-23/PR.CCIT DATED 26.07.2023 OF SELECTED CANDIDATES WHO ARE STATED TO HAVE BEEN SUCCESSFUL IN THE WRITTEN EXAMINATION CONDUCTED BY THE R2 DEPARTMENT ON 18.06.2023 VIDE ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER 1. The petitioners are calling in question the memorandum by which the candidates have been shortlisted for being recruited on the ground that they were meritorious sports person in the cadre of Inspector of Income Tax, Tax Assistant and Multi Tasking Staff. 2. In my view, having regard to the fact that the petitioners are challenging the process of recruitment in respect of posts which come within the ambit of Central Administrative Tribunal, the writ petition would not be maintainable and the same is, therefore, dismissed, reserving liberty to the petitioners to approach the Central Administrative Tribunal. - 15 - NC: 2023:KHC:32233 WP No. 18107 of 2023 3. Sri Vinay Venugopal, learned counsel is permitted to appear for respondents 1 and 2. Sd/- JUDGE PKS List No.: 1 Sl No.: 69 "