IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION NO.389 OF 2017 (S-RES) Between:
1. Bangalore Water Supply & Sewerage Board, I Floor, Cauvery Bhavan, K.G.Road, Bengaluru-560 009, Rep. by its Chairman.
2. The Chief Administrative Officer & Secretary, Bangalore Water Supply & Sewerage Board, I Floor, Cauvery Bhavan, K.G.Road, Bengaluru-560 009. …Petitioners (By Sri.Monesh Kumar.K.B, Advocate) And:
1. K.O.Jayaram, S/o.Obalesha.K.H, Aged about 38 years, R/at No.42, Corporation Layout, Kasturba Nagar, Pipeline Road, Mysuru Road, Bengaluru-560 026.
2. The Chairman, Karnataka State Commission for Schedule Caste & Schedule Tribe, Bengaluru-560 001. …Respondents (By Sri.J.D.Kashinath, Peoples Law for R1; Sri.C.Jagadish, Advocate for R2) This Writ Petition is filed under Articles 226 and 227 of Constitution of India praying to quash the order passed by the Karnataka State Commission for schedule castes and schedule tribes, Bengaluru dated 24.08.2016 in case No.186/2016 (Service) at Annex-K.
This Writ Petition coming on for Preliminary Hearing in “B” Group, this day, the Court made the following:-
ORDER In the instant petition, the petitioners have sought for quashing of the order dated 24.08.2016(Annexure-K) by which Karnataka State Commission for Schedule Castes and Schedule Tribes, Bengaluru has given certain positive directions for creation of supernumerary post of Junior Assistant.
2. The contesting respondent- K.O. Jayaram was one of the candidate for recruitment for the post of Junior Assistant. He had certain grievances relating to the non-compliance of reservation policy of the State Government. Thus he had approached the Karnataka State Commission for Schedule Castes and Schedule Tribes, (hereinafter referred to as ‘Commission’ for short) Bengaluru. The Commission has directed the petitioner in the following manner:
“ 12. In view of the above said discussions and observations, it is suggested and recommended that the appointment of the complainant has to be considered under Scheduled Caste(Kannada Medium Category) by the respondent-Board, without disturbing the appointment of Smt. T.P. Vasanthalakshmi, by creating a supernumerary post. This suggestion shall be considered by the Respondent-Board within two weeks. By doing this, we feel that complete justice is done to the complainant.
Dictated by the Chairman to the ?Typist and typed the same.”
3. The Commission cannot command FOR creation of supernumerary post and to consider the petitioner’s grievance, at the best, it can only suggest. Therefore, Annexure-K whatever positive direction issued in para No.12 is read down as suggestion to the petitioners.
4. Petitioners are hereby directed to take note of Annexure-K as suggestionS and take decision whether the contesting respondent’s grievance can be resolved. Such decision shall be taken with reference to the decision of the Hon’ble Supreme Court in the case of (2007), 8 SCC 785 in the case of Rajeshkumar Daria Vs. Rajasthan Public Service Commission and others.
The above exercise shall be completed by the petitioners within a period of two months from the date o receipt of a copy of the order and communicate for decision to the contesting respondent no.1 at the earliest. .
With the above observations, writ petition stands disposed of.
Sd/- JUDGE Psg*