IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE WRIT PETITION NO.18060 OF 2013 (S-DIS) BETWEEN:
SRI. PRATHAP AGED ABOUT 27 YEARS S/O MANJUNATH G WORKING AS FIRST DIVISION ASSISTANT OFFICE OF THE DISTRICT & SESSIONS JUDGE MYSORE – 570 005 (BY SRI M.R.SHAILENDRA, ADVOCATE) AND:
1. THE DISTRICT & SESSIONS JUDGE MYSORE DISTRICT MYSORE – 570 005 2. THE KARNATAKA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY UDYOGA SOUDHA BANGALORE – 560 001 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (ADMINISTRATION) DEPARTMENT OF PUBLIC INSTRUCTIONS MYSORE DISTRICT MYSORE – 570 001 ... PETITIONER ... RESPONDENTS (SRI VASANTH V. FERNANDES, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 3 SRI.REUBEN JACOB, ADVOCATE FOR RESPONDENT NO.2) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER BEARING NO.ADMN/A/4576/2013 MYSORE DATED 10.04.2013 AT ANNEXURE-K OF THE FIRST RESPONDENT AS BEING ARBITRARY, ILLEGAL AND UNCONSTITUTIONAL IN GROSS VIOLATION OF PRINCIPLES OF NATURAL JUSTICE AND KCS (CCA) RULES, 1957 AND NATURAL JUSTICE THEREFORE BEING DISCRIMINATIVE AND VIOLATIVE OF ARTICLES 14, 16 AND 21 OF THE CONSTITUTION OF INDIA AND ETC.
THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER The petitioner has applied for the post of First Division Assistant pursuant to the notification dated 02.02.2011 issued by the Karnataka Public Services Commission (‘KPSC’ for short) claiming reservation under the categories of General Merit, 2A and also Rural. After due process of selection, selection list has been published selecting the petitioner in the category of GM-Rural. The petitioner had scored 228 marks in the selection examination. The petitioner was issued appointment order dated 06.02.2012 and he reported for duty.
2. After verification regarding reservation under rural category, the respondent No.3 opined that the place where the petitioner studied from 1st to 10th standard, namely, Bannur has become a Town Municipality from 06.02.2007 and therefore, the petitioner cannot be considered as a rural candidate. The petitioner made a representation to consider his candidature. However, the respondent No.1 issued order dated 10.04.2013 discharging the petitioner from service with effect from afternoon of 30.04.2013, as his selection was invalid as per the communication of the KPSC dated 03.05.2012. Aggrieved by the same, the petitioner has filed this writ petition.
3. Learned advocate for the petitioner submits that it is undisputed fact that the petitioner claimed reservation under General Merit, 2A and also Rural. It is submitted that the petitioner scored 228 marks in the selection examination. The last candidates in the categories of General Merit and 2A secured 225 and 219 marks respectively, which is less than that of the marks secured by the petitioner. Hence, it is submitted that the petitioner should have been selected under the category of General Merit or 2A first and then, his candidature should have been considered under Rural category. On this ground, learned advocate for the petitioner submitted to quash the impugned order, since the same is arbitrary and unconstitutional.
4. On the other hand, learned advocate appearing for KPSC supported the impugned order on the ground that Bannur, the place where the petitioner studied, at the time of consideration of his candidature was converted into a town municipality and seized to be rural. Therefore, he prayed for dismissal of the writ petition.
5. Heard learned advocate for the petitioner and respondents and have gone through the records.
6. It is not in dispute that the petitioner has secured 228 marks in the selection process, which is more than the marks secured by the last candidates under categories of General Merit and 2A and the petitioner runs shortage of two years for retaining his appointment in the Rural category.
7. The Karnataka Civil Services (General Recruitment) Rules, 1977, specifically provides that the selection list for the General Merit category must be prepared only on the basis of merit without considering the caste and reservations claimed. In the instant case, though the marks scored by the petitioner is higher than that of the last candidates in the categories of General Merit and 2A, he is selected under Rural category, which is incorrect. The petitioner must have been considered in the category of General Merit. Therefore, this Court is of the opinion that the order at Annexure-K discharging the petitioner from service is unwarranted, unconstitutional and arbitrary to the Selection Rules. Hence, the following order:
(i) The petition is allowed.
(ii) The impugned order at Annexure-K is quashed.
(iii) The petitioner shall not be discontinued from service and he shall be paid all consequential benefits including seniority.
Sd/-
ACTING CHIEF JUSTICE AHB