IMPORTANT POINT
Appointment has to be made strictly in terms of stipulations made in advertisement.

JUDGMENT

Ajay Rastogi, J.

The instant appeal is directed against the judgment passed by the Division Bench of the High Court of Karnataka dated 1st February, 2019 directing the appellant-Corporation to consider the claim of 1st respondent taking note of the work experience certificate for appointment in accordance with law with a caveat that the order has been passed in the peculiar facts and circumstances of the case and shall not be treated as a precedent.

2. The brief facts of the case in nutshell relevant for the purpose are that the appellant-Corporation invited applications for various posts against the backlog vacancies including two vacancies of Senior Assistant and ten vacancies of Junior Assistant pursuant to an advertisement dated 11th November, 2013. Apart from the academic and professional qualifications, the applicant was required to furnish a certificate of work experience of 3 years/2 years in a reputed company for the post of Senior Assistant/Junior Assistant. It was further indicated in the advertisement that separate application has to be furnished for each post and incomplete application shall be rejected without assigning any reasons. The 1st respondent applied for both the posts, i.e. Senior Assistant and Junior Assistant on a separate application, and indeed was holding academic/professional qualification but it reveals from the record that she had not enclosed the experience certificate of the requisite period along with the application form which was required at the time of submitting the application.

3. The select list of the candidates was to be prepared in terms of Rule 6 of the Karnataka State Civil Services(Unfilled Vacancies reserved for the persons belonging to the Scheduled Castes and Scheduled Tribes) (Special Recruitment) Rules, 2001 (hereinafter being referred to as "Rules") based on the percentage of marks secured by the candidate in the qualification examination taking into consideration the reservation for women, ex-servicemen, physically handicapped and project displaced persons in accordance with the Karnataka Civil Services (General Recruitment) Rules, 1977.

4. The 1st Respondent is a women and member of Scheduled caste category and secured 65.43% of marks in the qualifying examination and still when her name was not included in the select list, made representation but when failed to get satisfactory response, she approached the High Court by filing of a writ petition under Article 226 of the Constitution. In reply to the writ petition filed by the Corporation, the specific case pleaded was that the 1st respondent had applied for both the posts of Senior Assistant/Junior Assistant, but she failed to enclose the experience certificate which was the condition of eligibility in terms of the advertisement and at the stage of scrutiny, her application was rejected without assigning any reason. For satisfaction of the Court, the learned Single Judge of the High Court called for the original records and recorded a finding in paragraph 7 of the judgment that experience certificate was not enclosed by her with the application form which is reproduced hereunder:-

"On perused of the original records, it is clear that petitioner has not enclosed experience certificate while applying to the posts. This is evident from the application submitted, which contains other enclosures except the experience certificate. The scrutiny of application that has been made and maintained by respondent-Corporation reveals that several applications have been rejected noting the reasons for such rejection. The reason for rejecting the application filed by petitioner is stated as 'non-enclosure of experience certificate'. Incidentally, it has to be noticed that other candidates who had not enclosed the experience certificate also suffered similar consequences".

5. The Single Judge of the High Court, taking note of the fa