IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.46766-46794 OF 2019 (S-RES) BETWEEN:
1. SRI SUNIL KUMAR M S/O MARIGOWDA AGED ABOUT 37 YEARS RESIDING AT NO.2745 1ST CROSS, K.G.KOPPAL MYSURU – 570 009 2. SRI Y VENKATESH S/O YENGAIAH AGED ABOUT 44 YEARS RESIDING AT NO.10 NAVODAYA BADAVANE J.P.NAGAR MYSURU – 570 008 3. SRI RAMESH K.P S/O LATE PUTTAMADA AGED ABOUT 42 YEARS RESIDING AT NO.2479 3RD MAIN ROAD 5TH CROSS, K.G. KOPPAL MYSURU – 570 009 4. SRI VENKATESH S/O. LATE RATHNAMMA AGED ABOUT 30 YEARS RESIDING AT NO.64, NAVODAYA BADAVANE, J.P. NAGAR MYSURU – 570 008 5. SRI. PARAMESHA S/O LATE KARAPPA AGED ABOUT 43 YEARS RESISING AT NO.34 B.B.KERI, PULAKESHI ROAD MANDIMOHALLA MYSURU – 570 015 6. SRI. B. BOREGOWDA S/O. BOREGOWDA AGED ABOUT 50 YEARS RESIDING AT NO.6, MIG 19TH CROSS, D BLOCK J.P.NAGAR MYSURU – 570 038 7. SRI M. MAHADEVASWAMY S/O. LATE MANCHAIAH AGED ABOUT 50 YEARS RESIDING AT NO.1904 2ND LINK, 13TH CROSS ASHOKAPURAM MYSURU – 570 008 8. SRI NINGARAJU S/O. LATE SHAMBAIAH AGED ABOUT 35 YEARS RESIDING AT NO.2515 5TH CROSS, K.G. KOPPAL MYSURU – 570 009 9. SRI RAMALINGU G. S/O. LATE GURUMALLA AGED ABOUT 31 YEARS RESIDING AT NO.93 DEVAIANAHUNDI SRIRAMPURA 2ND STAGE NACHANAHALLIPALYA MYSURU- 570 023 10 SMT. PAPATHI D/O. NANJUNDA AGED ABOUT 41 YEARS RESIDING AT GUDISULU KUDREMALLA MANASAGANGOTHRI MYSURU – 570 009 11. SRI SHIVU M S/O. LATE MAHADEVU AGED ABOUT 37 YEARS RESIDING AT NO.11 RAJIVGANDHI COLONY SILK FACTORY OPPOSITE MANANDAVADI ROAD MYSURU – 570 008 12. SMT. POOVAMMA W/O. RAMAIAH AGED ABOUT 44 YEARS RESIDING AT GUDISULU KUDREMALLA MANASAGANGOTHRI MYSURU – 570 009 13. SMT. VIJAY SHANTHI N W/O. SHYAM AGED ABOUT 28 YEARS RESIDING AT NO.3490 4TH MAIN ROAD 5TH CROSS, VIDYARANYAPURAM MYSURU – 570 008 14. SRI R. PRAKASH S/O. PARVATHI AGED ABOUT 35 YEARS RESIDING AT NO.52 NAVODAYA BADAVANE J.P.NAGAR, 2ND STAGE GURUR ROAD MYSURU – 570 008 15. SRI K. SHIVARAJU S/O. KRISHNEGOWDA AGED ABOUT 29 YEARS RESIDINGA AT NO.2847/10 2ND MAIN ROAD 9TH CROSS, JAYANAGAR MYSURU – 570 014 16. SRI GURU N S/O NINGEGOWDA AGED ABOUT 34 YEARS RESIDING AT NO.368 M BLOCK 2ND STAGE, KUVEMPUNAGAR MYSURU – 570 023 17. SRI KUMAR S/O. LATE RAMANNA AGED ABOUT 48 YEARS RESIDING AT NO.2572 4TH CROSS, K.G.KOPPAL MYSURU – 570 009 18. SMT. JYOTHI M. W/O T.RAJU AGED ABOUT 33 YEARS NO.48, D.DEVARAJ URS COLONY VISHVESHWARANAGAR MYSURU – 570 008 19. SRI P.RAJU S/O. LATE PALANI AGED ABOUT 37 YEARS NO.48, D.DEVARAJ URS COLONY VISHVESHWARANAGAR MYSURU – 570 008 20. SMT. JYOTHI W/O GURU AGED ABOUT 35 YEARS RESIDING AT NO.101 BOGADI ROAD, KUDREMALA MANASAGANGOTHRI MYSURU – 570 009 21. SRI R.RANJU S/O. A. RAJU AGED ABOUT 35 YEARS RESIDING AT NO.74 NAVADOYA BADAVANE J.P. NAGAR, MYSURU – 570 008 22. SMT. R. NAGAMANI W/O SURESH P AGED ABOUT 29 YEARS RESIDING AT GUDISALU KUDREMALLA MANASAGANGOTHRI MYSURU – 570 009 23. SRI R KUMAR S/O. LATE RAMU AGED ABOUT 46 YEARS RESIDING AT NO.2513 SHANTHRAJ URS ROAD K.G. KOPPAL, MYSURU – 570 009 24. SRI BALARAMU S/O. LATE BACHHAPPA AGED ABOUT 37 YEARS RESIDING AT NO.10, 2ND CROSS 4TH MAIN ROAD, JAYANAGAR MYSURU – 570 014 25. SRI D.D. SUNDARARAJ S/O. G.M.DASAPPA AGED ABOUT 39 YEARS RESIDING AT NO.1927 13TH CROSS, ASHOKAPURAM MYSURU – 570 008 26. SRI KRISHNA S/O. LATE VELUSWAMY AGED ABOUT 32 YEARS RESIDING AT NOD. 113 BOGADI 2ND STAGE VASANTHNAGAR MYSURU – 570 026 27 SRI. NAGARAJU P S/O. LATE PERUMAL AGED ABOUT 51 YEARS RESIDING AT NO.35, BOGADI ROAD BEHIND COFFEE BOARD, KUDREMALLA MYSURU – 570 009 28. SRI GURU R S/O. RANGA AGED ABOUT 38 YEARS RESIDING AT NO.101, BOGADI ROAD KUDREMALLA, MANASAGANGOTHRI MYSURU – 570 009 29. SRI MAHADEVA S/O. PUTTAIAH AGED ABOUT 31 YEARS RESISING AT GUDISULU KUDREMALLA MANASAGANGOTHRI MYSURU – 570 009 ... PETITIONERS (BY SRI SUBRAMANYA BHAT M., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT M.S.BUILDING BENAGALURU – 560 001 2. THE COMMISSIONER MYSURU CITY CORPORATION MYSURU – 570 001 3. THE SELECTION AND RECRUITMENT AUTHORITY REP. BY ITS CHAIRMAN NAMELY THE DEPUTY COMMISSIONER MYSURU DISTRICT DISTRICT URBAN DEVELOPMENT CELL OFFICE OF THE DEPUTY COMMISSIONER MYSURU – 570 001 … RESPONDENTS (BY SMT. A.R. SHARADAMBA, AGA FOR R1; SRI M.C. JAYAKIRTHI ADVOCATE FOR SMT. GEETHA DEVI PAPANNA, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS DATED 27.08.2019 (ANNEXURE-C) IN SO FAR AS THE SAME PERTAINS TO PROVISIONALLY SELECTING 840 CANDIDATES TO THE POST OF POURAKARMIKAS UNDER DIRECT PAYMENT SYSTEM IS CONCERNED, AS THE SAME IS ARBITRARY, ILLEGAL AND CONTRARY TO THE TERMS OF EMPLOYMENT NOTIFICATION DATED 22.03.2018 VIDE ANNEXURE – B AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The short grievance of the petitioners, regardless of the text of their prayer in these writ petitions relates to non- consideration of their collective representations by the respondent Nos.2 & 3 for the redressal of their grievances against rejection of their candidature when arguably less favourably placed candidates have been enlisted in the provisional select list allegedly in gross violation of the rules relating to engagement of services of Pourakarmikas. After service of notice, respondent No.1-Government is represented by Smt.A.R.Sharadamba, learned AGA; respondent Nos.2 and 3 are represented by their panel counsel Sri.M.C.Jayakirthi.
2. Having heard the learned counsel for the parties and having perused the petition papers, some reprieve needs to be granted to the petitioners for the following reasons:
a) the recruitment process for the appointment of Pourakarmikas began with the issuance of the Recruitment Notification dated 22.03.2018, a copy whereof is at Annexure – B; the candidature of the petitioners having been rejected for one or the other reason, they have made a representation pointing out to answering respondent as to why the said rejection is bad, keeping in view of the parameters applied to those who have been provisionally selected pursuant to the proceedings of respondent No.3 dated 27.08.2019, a copy whereof is at Annexure – C; the petitioners’ representations at Annexure – ‘D’ series have remained unaddressed.
b) In a system which is governed by the rules of law, when an aggrieved citizen makes a representation seeking redressal, the state and its instrumentalities are under a legal duty to consider the same and to grant relief in accordance with law; this has not happened in these writ petitions and thus the petitioners are more than justified in ringing the Bell of Justice.
In the above circumstances, these writ petitions partly succeed; a writ of mandamus issues to respondent Nos.2 & 3 to consider petitioners’ representations dated 07.09.2019/ 09.09.2019 at Annexures – D, D1 and D2 within a period of three months, if necessary by granting audience on demand to them or their counsel.
The respondents are hereby restrained from finalizing the subject recruitment process to the extent, the same relates to 840 posts of Pourakarmikas under Direct Payment System till after petitioners’ aforesaid representations are considered and also they are individually informed of the decision thereon.
It is needless to mention that the answering respondents may call for from the petitioners the information and material as may be necessary for due consideration of their representations. However, in the guise of soliciting the information, the matter shall not be dragged on.
All contentions of the parties are kept open. No costs.
Sd/- JUDGE KTY