IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 B E F O R E THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.46559/2012 (S-RES) BETWEEN:
SRI HUSSAIN SAB S/O. BAVASAHEB NAVADI, AGED ABOUT 37 YEARS, RESIDING AT SOOREBAN RAMDURGA TALUK BELGAUM DISTRICT.
(BY SRI S.L. KAMTAR, ADV.) AND:
... PETITIONER THE CHIEF ADMINISTRATOR & SECRETARY BANGALORE WATER SUPPLY & SEWERAGE BOARD, 3RD FLOOR, CAUVERY BHAVAN, K.G. ROAD, BANGALORE – 560 009.
... RESPONDENT (BY SRI B.L. SANJEEV, ADV.) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION ISSUED BY THE RESPONDENT DATED 11.10.2012, PRODUCED AT ANNEXURE-H SO FOR IT RELATES TO PUBLISHING THE SELECTED CANDIDATES’ NAMES UNDER 2B CATEGORY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Respondent issued a recruitment Notification on 22.02.2008 and invited applications for various posts. 193 posts were notified in the cadre of Helpers. The petitioner applied to the post of Helper and claimed reservation under 2B Category. At the time of verification of the original documents, the petitioner produced Caste Certificate in Form- F issued on 16.03.2009 by the Tahsildar, Ramadurga Taluk. The said Certificate being not in terms of the said Notification was not taken into consideration and the petitioner’s candidature was not considered under 2B Category but was considered under the General category. As the petitioner secured 81.33% marks in 7th Standard, was not selected as more meritorious candidates were found under the General category. It is to be observed at this stage itself that the last candidate selected under the General Merit category is with 84% marks.
2. This writ petition was filed on 19.11.2012 to quash the recruitment Notification as at Annexure-H, in so far as it relates to publishing the selected candidates’ names under 2B Category.
3. Perused the writ record. The Notification as at Annexure-H has been acted upon by the respondent. Process undertaken in pursuance thereof has been completed and the selected candidates issued with the appointment orders. The prayer in the writ petition is misconceived. Petitioner did not point out any infirmity for quashing of Annexure-H, in so far as it pertains to the recruitment of candidates under 2B Category is concerned. Petition is bad for non-joinder of necessary parties i.e., the selected candidates under 2B Category.
4. As the petitioner has secured 81.33% of marks and did not comply with requirements to consider his candidate under 2B Category, the cut off marks for General category being 84%, the petitioner cannot have any grievance with regard to his non selection.
In view of the foregoing, the petition stands dismissed with no order as to costs.
sac* Sd/- JUDGE