IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.9984/2019 (S-RES) BETWEEN SRI NANJUNDA SON OF MARIAYAPPA, AGED ABOUT 33 YEARS, RESIDING AT NO 7086/159, 8TH CROSS, RBI COLONY PAPANNA BLOCK, GANGANAGAR, R T NAGAR POST, BANGALORE - 560032 ... PETITIONER (BY SRI M S CHANDRASHEKAR BABU, ADVOCATE) AND 1. THE ADMINISTRATIVE OFFICER AGRICULTURE UNIVERSITY ADMINISTRATIVE OFFICE, GANDHI AGRICULTURAL SCIENCE CENTER, BANGALORE - 560065 2. EXTENTIVE DIRECTOR UNIVERSITY OF AGRICULTURE HEBBALA, BANGALORE -560065 3. THE ORGANIZER BEKARY TRAINING CENTER, EXTENTIVE DIRECTORATE, UNIVERSITY OF AGRICULTURE, HEBBALA, BANGALORE -65 ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ENDORSMENT DATED 09.11.2018 AS PER ANNEXURE-C TO THE WRIT PETITION AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
The petitioner is before this Court calling in question the endorsement dated 09.11.2018, issued by the respondent No.1-Administrative Officer of the Agricultural University, Gandhi Krishi Vignan Kendra, Bengaluru, rejecting the application of the petitioner, who sought appointment on compassionate ground.
2. Learned counsel for the petitioner submits that the application of the petitioner has been rejected on the ground that he is aged about 42 years and Rule 6 of the Karnataka Civil Services (General Recruitment) Rules, 1977, provides that a person seeking appointment on compassionate ground should not be more than 35 years or 38 years or 40 years, in the General category or Reserved category or candidates belonging to SC/ST, as the case may be. Learned counsel for the petitioner submits that as per the Transfer Certificate issued by the competent authority, the date of birth of the petitioner is 03.02.1985, and the name of his father is shown as Mariappa. The respondent-authorities have taken Aadhaar card as the basis to come to a conclusion that the petitioner is aged about 42 years and the name of the petitioner’s father is shown as Venkateshappa.
3. Having heard the learned counsel for the petitioner, this Court is of the opinion that it is for the petitioner to get the information in the Aadhaar card rectified in terms of the Transfer Certificate produced by the petitioner at Annexure- D, to the writ petition. After rectification of the Aadhaar Card is done, the petitioner may approach the respondent- authorities seeking appointment on compassionate ground. Liberty is granted to the petitioner to get the information in the Aadhaar card corrected and thereafter approach the respondents and the respondents shall reconsider the application of the petitioner, if the petitioner is able to get the information regarding his date of birth and name of his father rectified in the Aadhaar card.
If the petitioner makes a representation to the respondent-authorities after getting the information corrected, the respondent-authorities shall reconsider the application of the petitioner, within a period of two months from the date of receipt of such representation.
The writ petition is accordingly disposed of.
SD/- JUDGE DL