IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 5001 OF 2019 (S-RES) BETWEEN:
AMBIKA S, W/O PRABHAKARAN M, AGED ABOUT 35 YEARS, R/O KUDLIGERE VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT-577 225.
… PETITIONER (BY SRI. PRUTHVI WODEYAR, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M S BUILDING, BENGALURU-560 001.
2. THE ZILLA PANCHAYATH, SHIVAMOGGA DISTRICT, SHIVAMOGGA -577 401, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
3. KUDLIGERE GRAMA PANCHAYATH, KUDLIGERE,BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT-577 225. BY ITS PRESIDENT.
4. THE PANCHAYATH DEVELOPMENT OFFICER, KUDLIGERE GRAMA PANCHAYATH, KUDLIGERE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT-577 225.
5. S INDIRA RAJASHEKAR, W/O RAJASHEKAR, AGED ABOUT 38 YEARS, R/O KUDLIGERE VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT-577 225.
(BY SRI. M V RAMESH JOIS, AGA FOR R1;
… RESPONDENTS SRI. R SHARATH CHANDRA, ADVOCATE FOR R2 – R4; SRI. A NAGARAJAPPA, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED MEETING PROCEEDINGS DATED 27.1.2017 PASSED BY THE R-3 VIDE ANNEXURE-B AND OFFICIAL MEMORANDUM DATED 06.12.2018 PASSED BY THE R-1 VIDE ANNEXURE-E; AND ETC., THIS PETITION COMING ON FOR DICTATING JUDGMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner, a candidate in the fray for appointment to the post of Bill Collector having not been selected in knocking at the doors of Writ Court for assailing her non- selection and also the selection of fifth respondent on the ground of she having higher comparative merits.
2. After service of notice, the respondents having entered appearance through their counsel have made submission in justification of the impugned order.
3. The learned counsel for the second respondent – Zilla Panchayath having stood tall & fair, has filed a memo dated 15.12.2019 through its Panel Counsel this day which reads as under:
“I the undersigned advocate for 2nd respondent submit that the candidature of the petitioner for the post of the kind shall be considered against the existing or accruing vacancy within jurisdictional limit of Zilla Panchayath with some age relaxation under concerned Government order.
This concession is made to the petitioner to fifth respondent running the risk of invalidation of her appointment.in the interest of justice.”
Petitioner is also broadly in satisfaction with the offer made by the second respondent through the Memo.
In the above circumstances, this writ petition is disposed off reserving liberty to the petitioner to seek her candidature for appointment to the post of the kind if there are existing vacancies or vacancies which accrue hereafter.
The concession made by the second respondent is placed on record with appreciation.
No costs.
Sd/- JUDGE Bsv