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2021 Supreme(SC) 604

D.Y.CHANDRACHUD, BV NAGARATHNA
Srinivas K Gouda – Appellant
Versus
Karnataka Institute of Medical Sciences – Respondent


Advocates appeared:
For the Appellant(s) : Mr. S. N. Bhat, AOR
For the Respondent(s): Mr. Anirudh Sanganeria, AOR Mr. Parikshit Angadi, Adv.

JUDGMENT :

Dhananjaya Y Chandrachud, J.

1. By a judgment dated 31 March 20171[WA No. 10580/2015], a Division Bench of the High Court of Karnataka, at Dharwad allowed an appeal filed against the judgment of the Single Judge2[WP No. 63973/2009] The Division Bench quashed the selection of the appellant to the post of ‘Junior Lab Technician’ in the first respondent and directed it to consider the case of the third respondent for appointment to the post. The appellant moved this Court in Special Leave Petition to challenge the decision of the Division Bench. Leave was granted on 1 October 2021.

2. On 2 September 2008, the first respondent issued a notification inviting applications for thirty-five vacancies in the post of ‘Junior Lab Technician’. The notification bifurcated the available vacancies on the basis of category and stipulated the minimum qualifications required for selection. The relevant portion of the notification reads as follows:

    1. Junior Lab Technicians:- General Merit 33 years, SC/ST/Cat. I, 38 years and for other category 36 years. Pass in PUC with Chemistry and Laboratory Technician Training Course or pass in SSLC and 2 years Vocational Diploma Course in Laboratory Techn

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