IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL 2017 PRESENT THE HON’BLE MR. JUSTICE H.G.RAMESH AND THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA WRIT PETITION NO.16989/2017 (S-KAT) BETWEEN:
HIMAVANTH RAJ S.K. AGED ABOUT 40 YEARS S/O KUMARASWAMY S.M NO.450, 1ST FLOOR, 1ST MAIN DEVASANDRA, NEW BEL ROAD RMV II STAGE BANGALORE- 560 054 ...PETITIONER (BY SRI SUNIL S.CHOUDHARI, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS M.S.BUILDING BANGALORE- 560 001 2. THE KARNATAKA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY UDYOGA SOUDHA, PARK HOUSE BANGALORE- 560 001 …RESPONDENTS (GA SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE IMPUGNED ORDER DATED 09.03.2017 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.988/2017 VIDE ANNEXURE-P, AS ARBITRARY, ILLEGAL, UNREASONABLE BESIDES BEING VIOLATIVE OF THE PRINCIPLES OF NATURAL JUSTICE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, H.G.RAMESH J., MADE THE FOLLOWING:
O R D E R H.G.RAMESH, J. (Oral):
1. This writ petition is directed against the order dated 09.03.2017 (Annexure-P) passed by the Karnataka State Administrative Tribunal, Bangalore, insofar as it relates to rejection of the petitioner’s application No.988/2017 as being devoid of merit.
2. We have heard learned counsel for the petitioner.
The contention that the method of evaluation in the examination is violative of Article 14 of the Constitution is devoid of merit. In support of the writ petition, the learned counsel has relied upon several decisions which in our opinion has no bearing on the matter.
3. It is not in dispute that the petitioner did not qualify in the main competitive written examination held for recruitment of Gazetted Probationers to the Karnataka State Civil Services to call him for ‘personality test’. The Tribunal has rejected the application of the petitioner and others with the following reasoning:
“13. The averments show that the Applicants have written the main examination and failed to make the grade to be eligible for Personality Test and hence they have come up with these Applications. It is well settled law that no candidate in a recruitment process has any right to be selected or appointed after such selection nor has he any right to insist that his merit be determined in a particular manner. The only right a candidate has is that his case is required to be considered in accordance with the statutory rules governing the selection process and the entire application averments do not point out as to breach of any statutory provision governing the recruitment process in question.”
(underlining supplied) 4. We find no error in the order of the Karnataka State Administrative Tribunal to warrant interference. The writ petition is devoid of merit and it is accordingly dismissed.
Petition dismissed.
Sd/- JUDGE Sd/- JUDGE KSR