H T VENKATA SETTY Vs. SHIVA SAILAM

JUDGEMENT

(1.) In this matter referred to Division Bench under Section 9 of the Karnataka High Court Act, 1961, the question of law that arises for consideration is, Whether a petition under Article 226 of the Constitution seeking the issue of a writ of quo-warranto against a person appointed to a civil post in the service of the State of Karnataka on the ground that he does not possess the qualification prescribed for the post is maintainable before this'Court, or it falls within the j urisdiction of the Karnataka Administrative Tribunal?

(2.) The matter has come up for orders. By consent of the learned Counsel on both sides, it is taken up for final hearing and disposed of by this order.

(3.) The above question arises in view of theConstitution of the State Administrative Tribunal pursuant to the Administrative Tribunals Act, 1985 ('the Act' for short) enacted by the Parliament pursuant to Article 323-A of the Constitution of India. Article 323-A reads.-