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2013 Supreme(Kar) 47

A.N.VENUGOPALA GOWDA
Radharani Mahadev Kolambe Belgaum – Appellant
Versus
State of Karnataka, rep. by its Secretary, Law, Justice & Human Rights Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:H. Subramanya Jois, Sr. Counsel for K.C. Shantkumar, Advocate.
For the Respondents: Raghavendra G. Gayatri, HCGP.

Judgment :-

1. In response to a Notification No.CJRC-1/2006 dated 1st April 2006, inviting applications for recruitment to the posts of Civil Judges (Junior Division), in accordance with the Karnataka Judicial Services (Recruitment) Rules, 2004, the petitioner, an advocate, submitted application. The petitioner was successful in the written examination and was subjected to Viva-voce test. The select list of 232 candidates vide Annexure-A having been published, the petitioner’s name appears at Sl.No.41. The Government received information regarding the marriage of the petitioner with a married man already having another wife and thereby attracting Sub Rule (2) of Rule 5 of the Karnataka Civil Services (General Recruitment) Rules, 1977 (for short ‘the Rules’), which disqualifies such a candidate for being appointed to the State Civil Service. Consequently, petitioner’s case for appointment was rejected and her name was not included in the Notification bearing No.LAW 134 LAC 2008 dated 30 September 2008, as at Annexure-B, issued in exercise of the powers conferred by Article 234 of the Constitution of India, by His Excellency, the Governor of Karnataka, appointing 223 persons selected






































































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