IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.36759-36760/2016(S-RES) BETWEEN:
SAKAMMA.S S/O SIDDEGOWDA.K, AGED ABOUT 34 YEARS WORKING AS FIRST DIVISION ASSISTANT DISTRICT AND SESSION COURT MADAKERI, KODAGU DISTRICT -571 201 (BY SRI.ROOPESHA.B, ADVOCATE) AND:
1. THE REGISTRAR GENERAL HIGH COURT OF KARNATAKA DR.B.R.AMBEDKAR VEEDHI BENGALURU – 560 001 2. CHIEF ADMINISTRATIVE OFFICER PRL. DISTRICT AND SESSIONS COURT MADAKERI KODAGU DISTRICT -571 415 … PETITIONER 3. KARNATAKA PUBLIC SERVICE COMMISSION “UDDYOGA SOUDHA”
REP. BY ITS SECRETARY BENGALURU – 560 001 REP. BY ITS SECRETARY … RESPONDENTS (BY SRI. SRIDHAR N. HEGDE, HCGP FOR R1 & R2 SRI REUBEN JACOB, ADVOCATE FOR R3) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 28.07.2015 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-C CONSEQUENTLY DIRECT THE 3RD RESPONDENT TO CONSIDER THE CANDIDATURE OF THE PETITIONER FOR SELECTION OF FIRST DIVISION ASSISTANT AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Roopesha B., learned counsel for the petitioner.
Sri Sridhar N. Hegde, HCGP for respondents-1 and 2.
These writ petitions are admitted for hearing. With consent of the parties, the same is heard finally.
2. In these petitions, the petitioner inter alia has seeks writ of certiorari for quashment of impugned endorsement dated 28.07.2015 as well as writ of mandamus to direct respondent No.3 to consider the candidature of the petitioner for selection for the post of First Division Assistant.
3. Facts giving rise to filing of these writ petitions briefly stated are that the petitioner- Sakamma after completion of her Masters Degree in the year 2008 she had applied for the post of Second Division Assistant invited by the 3rd respondent - Karnataka Public Service Commission (KPSC) wherein she got selected as second division assistant and was appointed in the Mysore Civil Court. Thereafter, in the year 2011, applications were invited to the recruitment for the post of First Division Assistant by the 3rd respondent-KPSC. Again, the petitioner had applied for the same and got selected and was posted to Madikeri on 24.04.2012 as First Division Assistant. Again, respondent No.3 invited applications for the post of First Division Assistant in other Departments. The petitioner, applied for the post of First Division Assistant and thereafter she applied for grant of permission and the same was rejected by an endorsement dated 28.07.2015 vide Annexure-C on the ground that the same is not “in the Public interest as the proposed applied post is of equal cadre”.
For the aforesaid factual background, the petitioner has approached this Court.
4. Learned counsel for the petitioner submitted that permission was granted to similarly situated persons. In this connection, attention of this Court has been invited to Annexures-E, F and G.
5. On the other hand, learned counsel for the respondents-1 and 2 submitted suitable action in accordance with law shall be taken in the light of the fact that permission has been granted to similarly situated persons. But, learned counsel for respondent No.3 submitted that process of selection has already been completed in the month of November, 2016 and therefore, at this point of time no relief can be granted to the petitioner.
6. In response to that, learned counsel for the petitioner submits that selection letter has been issued subject to outcome of the result of these writ petitions.
7. In view of the aforesaid submission and taking into account the fact that respondents-1 and 2 have granted permission to similarly situated persons who appeared in the examination in question vide Annexures-E, F and G and the petitioner has already been appeared in the examination and the only issue with regard to grant of No Objection Certificate is required to be dealt with, the impugned order dated 28.07.2015 is hereby quashed and the matter is remitted to the Chief Administrative Officer, Principal District and Sessions Court, Kodagu, Madikeri, to decide the application seeking No Objection Certificate in the light of the fact that such a permission has been granted in a case of similarly situated employees which is evident from Annexures-E, F and G by a speaking order within a period of one month from the date of receipt of certified copy of the order passed by this Court today.
With the above observations and directions, these writ petitions are disposed of.
Sd/- JUDGE TL